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Agreement No.800617 percentage increase from the last preceding Anniversary Date to the current Anniversary Date of the Consumer Price Index - all urban consumers (San Francisco, Oakland, San Jose Area: Base 1984 = 100) ("Index"), as published by the United States Department of Labor, Bureau of Labor Statistics. Agency shall calculate and give Lessee written notice of any such increase in the Rent as soon as practicable after each Anniversary Date. When such calculation is made, Lessee shall pay to Agency any deficiency on demand. Should the Bureau discontinue the publication of index, or publish the index less frequently, or alter the index in some other manner, the Agency in its discretion, shall adopt a substitute index or procedure which reasonably reflects and monitors consumer prices. 9. Security Deposit. The security deposit will be waived for this lease. 10. Late Charges; Interest. (a) Late Charges. If any installment of Rent or other sum due from Lessee is not received by Agency within 10 days of the date it is due, then Lessee shall pay to Agency a late charge equal to 6% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Agency will incur by reason of late payment by Lessee which are impracticable to estimate. Acceptance by Agency shall in no event constitute a waiver of Lessee's default or breach with respect to such overdue amount or prevent Agency from exercising any other rights and remedies granted herein. (b) Interest. Any monetary obligation due Agency hereunder, other than late charges, not received by Agency within 10 days of the date it is due shall bear interest from the date due at the then current prime rate as published in the Wall Street Journal on the due date, plus 4% or at the then prevailing maximum rate permitted by applicable law, whichever is less ("Interest Rate"). (c) Taxes. Lessee shall pay, before they become delinquent, all taxes, charges, and assessments that are levied upon or assessed against any improvement or personal property placed upon the Premises by Lessee. Lessee shall pay, before they become delinquent, any and all property taxes and/or possessory interest taxes, assessments and/or supplemental taxes which are levied or assessed by any government entity on the Premises or Lessee's possession and/or use thereof. In addition to the taxes and assessments specified above, Lessee shall pay to Agency any privilege, sales, gross income or other tax (but not including federal or state income tax) imposed upon the Rent by any government entity. 11. Notices. All notices, payments, or other communications by either party to the other under this Lease shall be in writing and shall be deemed to have been given or made on the date of service ATTY/AGR/2013.244/SEQUOIA STATION LEASE AGREEMENT REV:01-13-14 VR 5884508.1 Page 5 of 21