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<br />month shall be a pro rata portion of the monthly installment. 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 /> <br />3.3 Licensee Fee Adjustment. The fee for the license area will be adjusted by the <br />consumer price index (CPI) of each year beginning on September 1, 2012. The <br />rent shall be adjusted by multiplying the same by the annual average percentage <br />increase (rounded to the nearest tenth decimal) in the CPI published by the <br />United States Department of Labor, Bureau of Labor Statistics (All Urban <br />Consumers, All Items) for the San Francisco - Oakland - San Jose Metropolitan <br />Statistical Area during the preceding twelve (12) month period, ending November <br />30. In any event, each annual adjustment to the Licensee's Lease Area charges <br />shall be the CPI adjustment not to be less than 30,10 or exceed 80,10 during any <br />given year. <br /> <br />3.4 Delinquent License Fees. Licensee acknowledges that the Licensor incurs <br />collection and administrative costs associated with pursuing delinquent license <br />payments. Licensee and Licensor hereby agree that if the license payment for <br />any month is not received by the Licensor by 5:00 p.m. on the fifth (5th) day of <br />each month, Licensee shall pay a late charge equal to ten percent (100/0) of the <br />License Fee. The late charge will be added to the succeeding month's license <br />payment. <br /> <br />4. FAILURE TO PAY LICENSE FEE OR OTHER CHARGES <br /> <br />4.1 Failure by Licensee to pay fees or other charges when due, or to comply with any <br />other condition, shall terminate this License and the Lease Agreement for Lease <br />Area 1 A at the option of Licensor. <br /> <br />4.2. For all installments of license fees and other charges for such time as the <br />enclosed 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 /> <br />5. COMMON AREA MAINTENANCE (CAM) CHARGES <br />5.1 During the license term, Licensee shall pay six hundred dollars ($600) Common <br />Area Maintenance (CAM) charge per month effective 30 days after the opening <br />of all four retail and food kiosk spaces at Courthouse Square. If one or more <br />tenants cease operations after the CAM payments commence, the Lessee's <br />$600 CAM shall remain in effect. Payments shall be due on or before the first <br />day of each and every month. CAM for any period during the term hereof which <br />is for less than one month shall be a pro rata portion of the monthly installment. <br />Licensor will send a notice to Licensee stating that the CAM charges shall be in <br />effective 30 days prior to the first CAM payment. <br /> <br />The CAM shall be adjusted annually commencing September 1, 2012 by <br />multiplying the same by the percentage increase (rounded to the tenth decimal). <br />in the Consumer Price Index published by the United States Department of <br />Labor, Bureau of Labor Statistics (CPI-U) for the San Francisco - Oakland - San <br />Jose Metropolitan Statistical Area during the preceding twelve (12) month period, <br /> <br />A TTY /AGR/2009.025 <br />061609 <br /> <br />~InitialS <br /> <br />Page 3 <br />