2021-315 Arts Commission-Eno River Mill-Annual Rent

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in Landlord ' s fire or hazard insurance premiums which results from Tenant ' s use or occupancy of the Demised Premises , Tenant shall pay Landlord, on demand, the amount of such increase . 5 . Rent. All Rent (as hereinafter defined) payable by Tenant shall be without previous demand or notice therefor by Landlord, and without set off or deduction . The minimum rent (the "Minimum Rent") during the Term of this Lease is the sum set forth in paragraph 1 (m) and is payable on the Rent Commencement Date , and on the first day of each calendar month thereafter during the term of this Lease in the amounts as set forth in paragraph 1 (m) . Provided further, in addition, if the Rent Commencement Date is on a day other than the first day of a calendar month, Minimum Rent at the above rate until the end of that calendar month is to be prorated over the actual number of days in such partial calendar month . In addition to such remedies as may be provided under the default provisions of article 15 of this Lease and without waiving any such default, Landlord shall be entitled to (1) a late charge of 5 % of the amount of any Rent if not received by the fifth day after the date it is due and payable ; and ( ii) a charge of 5 % of the amount of any check given by Tenant not paid when first presented by Landlord . 6 . Additional Rent. Tenant shall pay as additional Rent such sums due and owing pursuant to Exhibit D which shall not exceed $ 10 , 000 per annum of or $ 833 . 33 per month throughout the initial term of the Lease . Additional rent shall cover Tenant ' s proportionate share of Operating Expenses as defined in Exhibit D . 7 . Services by Landlord and Utilities . (a) Landlord shall cause to be furnished to the Demised Premises in common with other tenants , during reasonable business hours , as determined by Landlord in its reasonable discretion, Monday through Friday (excluding national or state holidays) , the following services : water if available from city mains for drinking, lavatory and toilet purposes ; nonhazardous trash removal from dumpsters located in the parking lot in accordance with city schedules ; and heating and air conditioning for the reasonably comfortable use and occupancy of the Demised Premises , provided, however, heating and cooling conforming to any governmental regulation prescribing limitations thereon shall be deemed to comply with this service . Landlord shall have the right to enter and inspect the Demised Premises and all electrical devices therein from time to time during regular business hours or otherwise upon reasonable advance notice to Tenant . All additional costs resulting from Tenant ' s extraordinary usage of heating, air conditioning or electricity, such as with respect to an electrical or computer server room , if any , shall be paid by Tenant upon demand as Additional Rent for each month or portion thereof, but Tenant shall not install equipment with unusual demands for any of the foregoing without Landlord ' s prior written consent, which Landlord may withhold if it determines that in its opinion such equipment may not be safely used in the Demised Premises or that electrical service is not adequate therefor . If heat generating machines or equipment shall be used in the Demised Premises by Tenant which affect the temperature otherwise maintained by the heating and air conditioning system, Landlord shall have the right to install supplemental air conditioning units in the Demised Premises and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant upon demand by Landlord . i So long as Landlord acts reasonably and in good faith, there will be no abatement or reduction of Rent by reason of any of the foregoing services not being continuously provided to Tenant . Except in the event of Landlord ' s willful acts or gross negligence, Landlord shall not be liable to Tenant for any damage caused to Tenant and its property due to the Demised Premises, the Building, the Property or any Part or appurtenance thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas , water, sewer or steam pipes , or from electricity . Tenant shall report immediately to Landlord any defective condition in or about the Demised Premises known to Tenant, and if such defect is not so re ported and such failure results in other damage , Tenant shall be liable able for same . Page 4 OCAC Lease