Agenda - 11-04-1985 - Laserfiche WebLink

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• • Premises and the denominator of which shall be the total_square footage on the shopping center tract. 5580 102,587 5.43928% • Tenant's proportionate share of said Impositions shall be paid, along with monthly installments of minimum rent, in advance in monthly in- stallments estimated by Landlord and subsequently adjusted, resulting from the actual Impositions exceeding (or falling short of) estimated payments. • Tenant shall pay initial monthly installments for the calendar year during which the term hereof begins in the amount of twenty-six hundred seventy-eight & 40/10( ($2.678.40 per annum) Dollars, the same being based on Land- lord's estimate of such Impositions at the commencement of the term. Monthly installments for each subsequent calendar year shall thereafter be estimated by Landlord at the beginning of each such year on the basis of the actual Impositions for the preceding calendar year. Within sixty (60) days of receipt of all the bills for such Imposi- . tione for each such calendar year, Landlord shall deliver to Tenant a state- ment certifying the actual total amount thereof and the amount of Tenant's proportionate share thereof. Along with the installment of minimum rent next due following receipt of each such statement, Tenant shall pay to Land- " lord-such amounts as may be necessary to effect adjustment of the amount paid or payable for the certified calendar year to the actual amount of Tenant's proportionate share of such Impositions for such year. Landlord shall credit any excess payments made by Tenant against future installments to be paid by Tenant hereunder. If the term of this Lease shall begin or end on a date other than the first or last day of a calendar year, the first and/or final annual charges to Tenant with respect to the aforesaid Impositions shall be pro- rated on a daily basis on the basis of a three hundred and sixty-five (365) day calendar year. The foregoing provisions to the contrary notwithstanding, it is understood and agreed that any and all assessments or charges for public • betterments or improvements ad valorem real estate taxes.or other taxes on business or personal property or any other tax on real estate or business or .personal property as such from time to time directly or indirectly assessed . or imposed upon or with respect to any alterations, additions or improve- ments made to the premises by Tenant or under its direction or with respect to any property of Tenant therein shall be borne and paid entirely by Tenant and if any of said items or any portion thereof shall be paid by Landlord, Tenant shall reimburse Landlord for the same immediately upon receipt by Tenant of written demand therefore from Landlord. • 12. Indemnity. The Lessee agrees to indemnify and save harmless the Lessor and the agents, servants and•employees of the Lessor against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the Leased Premises occasioned in whole or in part by any act or omission on the part of the Lessee or an employee (whether-or not acting within the scope of employment), agent, visitor, assign or undertenant of the Lessee or by reason of any unlawful use of the Leased Premises or any breach, violation or nonperformance of any covenant in this lease on the part of the lessee to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the Leased Premises by the Lessee or anyone holding or claiming to hold through or under the Lessee. Lessee agrees to pay for all damage to.the Building as well as all damages araising out of injury to or death of other lessees or occupants thereof, caused by Lessee's misuse or neglect of said Leased Premises, its apparatus or appurtenances. Lessor shall not be liable to Lessee for any damage by or from any act or negli- gence of any of adjoining contiguous property. Lessor agrees to indemnify and save harmless the Lessee and the agents, servants and employees of the Lessee from and against any and all claims by or on behalf of any person, firm or corporation arising reason b y reaso of injury perty occurring in the common areas of the Building. -5- or damage to pro- _5- • •