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<br />be less than 3% or exceed 8% during any given year. The monthly rent shall be <br />adjusted annually only for the period beginning February 1, 2010 and ending November <br />6, 2012." <br /> <br />2. Paragraph 5, Section 5.1 is hereby amended to read as follows: <br /> <br />"5. COMMON AREA MAINTENANCE (CAM) CHARGES <br /> <br />5.1 During the license term, Licensee's six hundred dollars ($600.00) per <br />month CAM charges for the period beginning October 2008 and ending June 30, 2009 <br />shall be zero dollars ($0) per month. Thereafter, beginning July 1, 2009, the Licensee <br />shall pay six hundred dollars ($600.00) CAM charge per month. Payments are due on <br />or before the fifteenth day of each and every month. CAM for any period during the term <br />hereof which is for less than one month shall be a pro rata portion of the monthly <br />installment." <br /> <br />3. Paragraph 17, Section 17.8 is hereby amended to read as follows: <br /> <br />"17. MISCELLANEOUS <br /> <br />17.8 Notice. Any notice, request, demand, approval or consent given or <br />required to be given under this Agreement shall be in writing and shall be deemed to <br />have been given when mailed by United States registered or certified mail, postage <br />prepaid, return receipt requested, to the Licensor or Licensee, as the case may be, at <br />the respective addresses stated below or to the last changed address given by the party <br />to be notified as hereinafter specified, or may be by personal service: <br /> <br />Licensee: <br />Daily Boost LLC <br />c/o Ruhina Karmali <br />2208 Broadway <br />Redwood City, CA 94063 <br />Tel: 650-568-1663 <br /> <br />Licensor: <br />City of Redwood City <br />c/o Courthouse Square Vendor <br />Management <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Tel: 650-780-7290 <br /> <br />4. Paragraph 21, Section 21.1 is hereby amended to read as follows: <br /> <br />"21. AMENDMENT <br /> <br />21.1The following terms of this Agreement may be administratively amended <br />only in writing and by mutual agreement between the City Manager or his designee and <br />the Licensee: license fee and common area maintenance charges." <br /> <br />5. All other provisions of the Original License Agreement, as may have been <br />amended from time to time, will remain in full force and effect. <br /> <br />6. All requisite insurance policies to be maintained by the Licensee pursuant to the <br />Original License Agreement, as may have been amended from time to time, will include <br />coverage for this Amendment. <br /> <br />ATTY/AGR2009/AMENDNO.1 DAIL YBOOSTLlCENSE 2 <br />042909 <br />