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6 <br /> Commencement Date,and on the first day of each calendar month thereafter during the term of this Lease <br /> in the amounts as set forth in paragraph 1(m). Provided further, in addition, if the Rent Commencement <br /> Date is on a day other than the first day of a calendar month, Minimum Rent at the above rate until the <br /> end of that calendar month is to be prorated over the actual number of days in such partial calendar <br /> month. In addition to such remedies as may be provided under the default provisions of article 15 of this <br /> Lease and without waiving any such default, Landlord shall be entitled to (i) a late charge of 5% of the <br /> amount of any Rent if not received by the fifth day after the date it is due and payable;and(ii)a charge of <br /> 5%of the amount of any check given by Tenant not paid when first presented by Landlord. <br /> 6. Additional Rent. Tenant shall pay as Additional Rent such sums due and owing pursuant to <br /> Exhibit D which shall not exceed $5,000.00 per annum or $416.66 per month throughout the initial term <br /> of the Lease. Additional rent shall cover Tenant's proportionate share of Operating Expenses as defined <br /> in Exhibit D. <br /> 7. Services by Landlord and Utilities. <br /> (a) Landlord shall cause to be furnished to the Demised Premises in common with other <br /> tenants, during reasonable business hours, as determined by Landlord in its reasonable discretion, <br /> Monday through Friday (excluding national or state holidays), the following services: water if available <br /> from city mains for drinking, lavatory and toilet purposes; nonhazardous trash removal from dumpsters <br /> located in the parking lot in accordance with city schedules; and heating and air conditioning for the <br /> reasonably comfortable use and occupancy of the Demised Premises, provided, however, heating and <br /> cooling conforming to any governmental regulation prescribing limitations thereon shall be deemed to <br /> comply with this service. Landlord shall have the right to enter and inspect the Demised Premises and all <br /> electrical devices therein from time to time during regular business hours or otherwise upon reasonable <br /> advance notice to Tenant. All additional costs resulting from Tenant's extraordinary usage of heating, air <br /> conditioning or electricity, such as with respect to an electrical or computer server room, if any, shall be <br /> paid by Tenant upon demand as Additional Rent for each month or portion thereof, but Tenant shall not <br /> install equipment with unusual demands for any of the foregoing without Landlord's prior written <br /> consent, which Landlord may withhold if it determines that in its opinion such equipment may not be <br /> safely used in the Demised Premises or that electrical service is not adequate therefor. If heat generating <br /> machines or equipment shall be used in the Demised Premises by Tenant which affect the temperature <br /> otherwise maintained by the heating and air conditioning system, Landlord shall have the right to install <br /> supplemental air conditioning units in the Demised Premises and the cost thereof, including the cost of <br /> installation and the cost of operation and maintenance thereof, shall be paid by Tenant upon demand by <br /> Landlord.Landlord shall provide access to a loading dock near the entrance to the Building. <br /> So long as Landlord acts reasonably and in good faith,there will be no abatement or reduction of <br /> Rent by reason of any of the foregoing services not being continuously provided to Tenant. Except in the <br /> event of Landlord's willful acts or gross negligence, Landlord shall not be liable to Tenant for any <br /> damage caused to Tenant and its property due to the Demised Premises,the Building,the Property or any <br /> part or appurtenance thereof being improperly constructed or being or becoming out of repair, or arising <br /> from the leaking of gas, water, sewer or steam pipes, or from electricity. Tenant shall report immediately <br /> to Landlord any defective condition in or about the Demised Premises known to Tenant, and if such <br /> defect is not so reported and such failure results in other damage, Tenant shall be liable for same. <br /> Landlord agrees to keep in good repair, at its expense, the structural portions of the roof, <br /> foundations,and exterior walls of the Building(exclusive of all glass and exterior doors)and underground <br /> utility and sewer pipes outside the exterior walls of the building, if any, except repairs rendered necessary <br /> by the acts or negligence of Tenant, or Tenant's employees, guests, agents, customers, independent <br /> contractors or invitees, the repair of which shall be paid by the Tenant within 10 days of Landlord's <br /> OCAC Lease Page 4 <br />