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6.1 B Page 32 Licensee fees for any period during the term hereof which is for less than one month shall be a pro rata portion af the monthly instaflmen#. License fees shall bs payable to the Licensor a# the address set forth above or at such other address as Licensar may from fime to time designate in writing. 3.3 Licensee Fee Adjustment. The fee for fhe license area will be adjusted by the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics (Ail Urban Consumers, A!I Items) for the San Francisco — Oakland — 5an Jose Metropolitan Statistical Area ("CPI") af each year beginning on November 1, 2008. The CPI adjustment shall be no Isss than 3 percent nor exceed 8 percent as further described in Section 5.1. 3.4 Delinquent License Fees. Licensee acknowledges ihat the Licensar incurs coliection and administrative costs associated with pursuing delinquent license payments. Licensee and Licensor hereby agrea that if the license payment for any rr�onth is not received by the Licensor by 5:00 p.m. on the twentieti� (20th) day of the month, Licensee shall pay a late charge equal to ten percent (1a%} of the License Fee. The late charge will be added to the succeeding month's license payment. 3.6 Financial Statement Audit. The Licensor and Licensor's consuitants shall have #he right to audit financiai statements and other financial records as deemed necessary for the operations of Daily Boost within 30 calendar days of the Licensor's written request. 4. FAILURE TO PAY LICENSE FEE OR OTHER CHARGES 4.1 Failure by Licensee to pay licensor other charges when due, ar to comp(y with any other condition, shafl terminate this License anc! the Lease Agreement far Lease Area 1 B at the option of Licensor. {a) For all installments of license fees and other charges for such time as the enclosed Lease Area remains vacant for the remainder of the term of the License, such installments and charges shall be payable as they become due. 5. COMMON AREA MAIN7ENANCE (CAM) CWARGES 5.1 During the license term, Licensee shall pay a Common Area Maintenance (CAM} for the common area services to be provided by the City in the amount of $600 per month on or befare the first day of each and every month of the License Term beginning on or before November 1, 2007. The CAM shall be adjusted annually on November 1, 2008 by multip(ying the same by the percentage increase in #he CP! published by the United States Department of Labor, Bureau of Labor S#atistics (All Urban Consumers, All Items) for the San Francisco — �akland — San Jose Metrapofitan Statistical Area during the preceding twelve {12) month period. In any event, each annual adjustment to the Licensee's Common Area charges shali be the CPI acljustment not to be less than 3% or exceed 8% during any given year. � ATTY/AGR/2007.068 09407 3