Agmt22 City County Land Swap Leaseback Agrmt

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3. RENT. 3.1 Base Rent, Rent. All Rent under this Lease shall commence as of the Commencement Date. Rent shall be paid as set forth in this Section. If Tenant holds over following the Expiration Date, Tenant shall pay to Landlord, at Landlord's address designated in Section 1 of the Basic Lease Information, or at such other address as Landlord may designate in writing to Tenant for the payment of Rent, the Base Rent designated in Section 8 of the Basic Lease Information, without notice, demand, offset or deduction, in advance, on the first day of each month following such Expiration Date. The term "Rent" means the Base Rent payable during such holdover period, and all Additional Rent payable as provided in Section 3.2 below. 3.1.1 Application of Payments. All payments received by Landlord from Tenant shall be applied to the oldest obligation owed by Tenant to Landlord. No designation by Tenant, either in a separate writing, on a check or money order, or otherwise shall modify this clause or have any force or effect. 3.1.2 Interest. All delinquent amounts shall bear interest from the date such amount was due until paid in full at a rate per annum ("Applicable Interest Rate") equal to the lesser of (a) the maximum interest rate permitted by Law or (b) five percent (5%) above the rate publicly announced by Bank of America, N.A. (or if Bank of America, N.A. ceases to exist, the largest bank then headquartered in the State of California) ("Bank") as its "Reference Rate." If the use of the announced Reference Rate is discontinued by the Bank, then the term Reference Rate shall mean the announced rate charged by the Bank which is, from time to time, substituted for the Reference Rate. Landlord and Tenant recognize that the damage which Landlord shall suffer as a result of Tenant's failure to pay such amounts is difficult to ascertain and said interest amount is the best estimate of the damage which Landlord shall suffer in the event of late payment. Landlord's acceptance of late Rent and partial Rent and late charges (if any) does not equate with a waiver of Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any rights and remedies available under this Lease and/or by operation of Law. 3.2 Additional Rent. In addition to paying any Base Rent that may be payable hereunder, Tenant shall pay as "Additional Rent" any Taxes as provided in Section 5 and any other amounts of any kind that become due or payable by Tenant to Landlord under the terms of this Lease. All amounts due under this Section 3.2 as Additional Rent (if any) are payable within thirty (30) days of Landlord's written invoice to Tenant. Tenant's obligation to pay Rent under this Lease survives the Term to the extent such obligation has not been fulfilled during the Term. In addition, Landlord reserves the right to charge Tenant and Tenant shall pay for any Utilities as described in Section 4 not directly paid by Tenant to the utility company. 4. UTILITIES. 4.1 Tenant_ Utility and Service Costs. Tenant, at Tenant's sole cost and expense, shall be responsible and directly contract and pay for any and all utilities and services required or desired by Tenant in connection with its use or occupancy of the Premises, including: (i) heat and air conditioning; (ii) water; (iii) gas, if applicable; (iv) elevator or lift service, if any; (v) electricity; (vi) telephone, computer and communications; (vii) trash pick-up; and (viii) any other materials, services, or utilities (individually and collectively, the "Services"). To the extent Landlord or any entity acting through or on behalf of Landlord in connection with its use of other portions of the REV: 01-21-2022 SK 2 ATTY/AGR.2022.010.2/City- County Land Swap (Page 8 of 34)