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6.1C <br /> Page 38 <br /> month shal{ be a pro rata po�tion of the mvnthEy instaflment. License fees shail <br /> be payable to fhe Licensor at fihe address set forth above or at such other <br /> address as L�censor may from time#o time designate in writing. <br /> 3.3 �.ocensee �ee Adj�str�ent. The fee for the If�ense area will be adjusted �y fihe <br /> consumer price index (CP[} of each year beginning on Septernber 1, 2012. The <br /> rent sha!! be adjusted by multiplying the same by the annuai average percentac�e <br /> increase �rounded to the nearest tenth decimal) in the CPI published by the <br /> United States Department of Labor, Bureau of Labor Statistics (Al! Urban <br /> Consumers, Ali Items} for the San Francisco — �akfand — San Jose Metropoli#an <br /> Statistical Area during the preceding twelve (12} month period, ending November <br /> 30. In any event, each annual adjustment to fihe Licensee's Lease Area charges <br /> shal! be the CPI adjus#ment not to be fess than 3°/a ar exceed 8% during any <br /> given year. <br /> 3.4 Delinquent License Fees. �.icensee acknowledges that the Licensor incurs <br /> callection and administrative cos#s associated with pursuing delinquent license <br /> payments. �icensee and Licensor hereby agree that if the license payment for <br /> any month is not received by the Licensar by 5:�0 p.m. on the fifth (5th} day of <br /> each monfh, �icensee shall pay a la�e charge equai to ten percent (10%) of the <br /> License Fee. The late charge will be added to the succeeding month's license <br /> paymenf. . <br /> 4. FAILURE TU PAY LtCENSE FEE OR OTHER CHARGES <br /> 4.� Failure by L�censee to pay fees or other charges when due, or to comply with any <br /> other condition, shal! terminate this License and the Lease Agreement for Lease <br /> Area 1 A at the option o�F Ljcenso�. � <br /> 4.2. For afi insta[{men#s of license fees and other charges for such time as the <br /> enclosed Lease Area remains vacant for the remainder of the �erm of the <br /> License, such insfiallments and charges shalt be payabie as #hey become due. <br /> 5. CUMMON AREA MAiNTENANCE tCAM) CHARGES <br /> 5.1 During #he license #erm, Licensee shal( pay six hundred dol[ars �$640} Common <br /> Area Maintenance (CAM) charge per month effective 30 days after the o�ening <br /> of all four retail and #oad kiosk spaces a# Courthouse Square. If one or more <br /> tenants cease operafiions after the CAM payments commence, the Lessee's <br /> $600 CAM shaii remain in effect. Payments shall be due on or before the first <br /> day af each and every month. CAM �'or 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 will send a notice to Licensee sfiating �hat the CAM charges shall be in <br /> effecti�e 30 days prior to the first CAM payment. <br /> The CAM sha!! be adjusted annual�y commencing September 1, 2�12 by <br /> mul#iplying the same by the percentage increase {rounded to �he tenth decimal}. <br /> in the Consumer Price lndex published by the United States Department of <br /> Labor, Bureau of Labor S�atistics (CPI-U)for the San Francisco— 4ak�and —San <br /> Jose Mefiropoli�an Stati�tica� Area during the preceding twel�e ��2} month �eriod, <br /> ATTYIAGR12009.02� <br /> �61609 <br /> Initials Page 3 <br />