AgdaPkt 2007-09-10 - Laserfiche WebLink

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6.1 B Page 8 3.5 Manthly Income Statement. Lessee shaEl furnish to Lessor the written Statement of Gross Income and Rent Camputation (the "Mon�hly StatemenY') certified by Lessee to be correct, showing the total Gross Sales during the immediately preceding calendar month. ln addition, Lessee shall provide Lessor with copies of all State Sales Tax reports at fhe same time as they are provided to the State Board of Equalization. The first monthly income statement for the occupancy period of the month of November 2007 shall be due on or before December 20, 2007. Statements for the immediately preceding month are due to the Lessor by 5:00 p.m. on or before the twentieth (20) day of each month thereafter. 3.6 �inancial S#atement Audit. The Lessor and Lessor's consultants sha!! have the right to audit financial statements and other financial records as deemed necessary for the operat�crs of Lessee w�#hin 3Q calendar days of the Lessor's wr�tten requsst. 3.7 Delinquent Lease Fees. Lessee acknowledges that the Lessor incurs coilection and administrative casts associated with pursuing delinquent lease payments. Lessee and Lessor h�reby agree that if the lease payment for any month is not received by the Lessor by 5:00 p.m. on the fifth (5th) day of the month, Lessee shall pay a la#e charge equat ta ten percent �10%) of the security deposit in effect. The late charge will be added to the succeeding month's lease payment. 3.8 Grnss Sales. The term "Gross Sales" as used in this Agreement means all gross receipts of every kind and nature from sa(es and services from all business conducted by Lessee on, in, at or from the Premises, whether upon credit or for cash, excep#ing therefrom any rebates or refunds to customers and the amount of a!! sales ar excise tax receipts collected from customers and paid by Lessee to any government agency. Saies upon credit shall be included in the Grass Sales far the period in which the merchandise is defivered or service rendered to the customer, regardless of when payment is made. 4. SECURfTY DEPOSIT 4.1 Lessee shall d�posit with the Lessor upon execution hereof a security deposit in the amount of $1,500.00 as security for the Lessee's faithful pertormance of Lessee's obligation hereunder. The deposit shail not be used for the fina! month's rent. If Lessee fails to pay rent or other charges due hereunder, or atherwise defaufts with respect to any provisian of this Agreement, Lessor may use, apply or retain all ar any portion of said deposit for the payment af any fees or other charge in default or for the payment of any other s�am to which Lessor may be entitled by reason of Lessee's default, or to compensate Lessor for any loss or damage which Lessor may suffer thereby. If Lessor so uses or appfies all or any portion of said deposit, Lessee shall within ten (10) days of receiving written demand from Lessor deposit cash with Lessor in an amount sufficient to restore said deposit #o the full amount hereinabove stated and Lessee's failure to do sa shaH be a material breach of this Agreement. Lessor shalf not be required to keep said deposit separate firom its gerteral accounts. If Lessee performs all of Lessee's obligations hereunder, said depasit, or so much #hereof as has not theretofore been applied by Lessor, shall be ATTY/AGR/2007.067 Q90407 4