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6.1 C <br /> Page 38 <br /> mon�h shall be a pro rata por�ion of the month(y instaflment. License fees shall <br /> be payable to the Licensor at the address set forth above or at such other <br /> address as Licensor may from time to time designate in writing. <br /> 3.3 �.�cer�see �ee �dj��trne�t. The fee �or the !'scense area will be adjusted by the <br /> consumer price index (CP[} of each year beginning on Septernber 1, 2012. The <br /> rent shal! be adjusted by multiplying the same by the annual average percentage <br /> increase �rounded to the neares# tenth decimai) in #he CPI published by the <br /> United Stafies Departrnent of Labor, Bureau of Labor Statistics (Ail Urban <br /> Consumers, Ali Items} for the San Francisco -- aakfand — San Jose Metropofitan <br /> S#atistical Area during the preceding twelve (�2} month period, ending November <br /> 30. In any event, each annua! adjustment to the Licensee's Lease Area charges <br /> shall be the CPI adjustment not #o be less #han 3% a� exceeci 8% during any <br /> given year. <br /> 3.4 Delinquent License Fees. �icensee acknow�edges that the Licensor incurs <br /> collection and adminisfirative costs associated with pursuing delinquent license <br /> payments. Licensee and Licensor hereby agree that if the iicense payment for <br /> any month is not received by the Licensor by 5:a4 p.m. on the fifth (5th) day of <br /> eacn montn, Licensee sha�l pay a lafe c�arge equaf to ten percent (10%) of the <br /> License Fee. The fate charge will be added to the succeeding month's (icense <br /> paymen#. <br /> 4. FAILURE TU PAY L[CENSE FFE OR OTHER CHARGES <br /> 4.� Failure by Licensee to pay fees or other charges when due, or to comply with any <br /> other condition, shall terminate this License a�d the Lease Agreement for Lease <br /> Area 1 A at the option o�F L�censor. � <br /> 4.2. For all instaffinents of license fees and other charges for such time as the <br /> enciosed Lease Area remains vacant for the remainder of the term of the <br /> License, such installments and charges shall be payable as they become due. <br /> 5. COMIVf{)N AREA MAINTENANCE (CAM} CHARGES <br /> 5.1 During #he license #erm, Licensee shalf pay six hundred dollars �$604} Common <br /> Area Maintenance (CAM} charge per month e�fective 30 days after the opening <br /> of all four retail and food k�osk spaces a# Courthouse Square. If one or� more <br /> fienants cease operations after the CANt payments comrnence, the Lessee's <br /> $600 CAM shall remain in effect. Payments shal[ be due on or before the first <br /> day of each and e�ery month. CAM for any period during the term hereof which <br /> is for less than one month sha�l be a pro rata portion of the monthly installment. <br /> �icensor wi[I send a notice to Licensee stating that the CAM charges shall be in <br /> effecti�e 30 days prior to the first CAM payment. <br /> The CANI shall be adjusted annualEy commencing September 1, 2Q�2 by <br /> mul#ip[ying the same by the percentage increase {rounded to the tenth decimal). <br /> in the Consumer Price lndex published by the Unifed States Depar�men# of <br /> Labor, Bureau of Labor Statistics (CPI-U}for the San Francisco— �akland —San <br /> Jose Mefiropoli�an Stati�tical Area during tf�e preceding twe(ve {12} month period, <br /> ATTY/AGR/2009.n25 <br /> 461609 <br /> Initials Page 3 <br />