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<br />6.10 <br />Page 6 <br /> <br />(a) Commencing on January 15, 2008 to July 14, 2008, Lessee shall <br />pay a monthly rent of one dollar ($1.00). <br /> <br />Beginning July 15, 2008, the monthly rent shall be three dollars ($3.00) <br />per square foot for a total of $573.00. <br /> <br />Lessee shall pay to Lessor the monthly rent in advance, on or before the <br />fifteenth day of each and every month of the Lease Term beginning on <br />April 1. 2009. Lease payments for any period during the term hereof <br />which is for less than one month shall be a pro rata portion of the monthly <br />installment. <br /> <br />3.2 Rent Adjustment. The monthly rent for the Lease Area shall be <br />adjusted by the consumer price index (CPI) of each year beginning on February <br />1, 2010. The rent shall be adjusted by multiplying the same by the annual <br />average percentage increase (rounded to the nearest tenth decimal) in the CPI <br />published by the United States Department of Labor, Bureau of Labor Statistics <br />(All Urban Consumers. All Items) for the San Francisco - Oakland - San Jose <br />Metropolitan Statistical Area during the preceding twelve (12) month period, <br />ending November 30. In any event, each annual adjustment to the Lessee's <br />Lease Area charges shall be the CPI adjustment not to be less than 30/0 or <br />exceed 80,10 during any given year. The monthly rent shall be adjusted annually <br />only fo~ the period beginning February 1, 2010 and ending November 6,2012. <br /> <br />3.7 Delinquent Rent Fees. Lessee acknowledges that the Lessor <br />incurs collection and administrative costs associated with pursuing delinquent <br />rent. Lessee and Lessor hereby agree that if the rent for any month is not <br />received by the Lessor by 5:00 p.m. on the twentieth (20th) day of the month, <br />Lessee shall pay a late charge equal to ten percent (10oAJ) of the security deposit <br />in effect. The late charge will be added to the succeeding month's rent." <br /> <br />2. Paragraph 8, Section 8.6 is hereby amended to read as follows: <br /> <br />"8. FOOD SERVICES <br /> <br />118.6 Hours of Operation. During the months from March through <br />September, Lessee shall be open for business and conduct full scale operation <br />hereof no later than 11 :00 am and close no earlier than 7 pm. Mondays through <br />Fridays. During the months from October through February, which is the daylight <br />savings time period, Lessee shall be open for business and conduct full scale <br />operation no later than 11 am and close no earlier than 5 pm, Mondays through <br />Fridays. On recognized Federal holidays and weekends only, Lessee may close <br />or be open for a reduced number of hours, and shall post a sign to show the <br />change in hours in advance of the holiday.Jl <br /> <br />3. Paragraph 28, Section 28.7 is hereby amended to read as follows: <br /> <br />A TIY/AGR/2009/AMENDNO.1 DAIL YBOOST <br />040109 <br /> <br />2 <br />