AgdaPkt 2009-11-09 - Laserfiche WebLink

Browse Search

6.1E Page 7 (a) acts of Lessor, its agents, or employees; (b) acts of God which Lessee could not reasonably have foreseen or guarded against; (c) any strikes, boycotts or like obstructive actions by employees or labor organizations and which are beyond the control of Lessee and which cannot be reasonably overcome; or (d) restrictive regulations by the Federal Government which are enforced in connection with a national emergency. 2.6 The term will expire at 5:00 p.m. on the date specified in Section 2.1. If Lessee should remain in possession of the Premises after the expiration of the term of this Agreement in the absence of a new lease agreement or after Lessor has declared a forfeiture of this Agreement as a result of Lessee's default, then such holding over shall be construed as a tenancy from month-to-month, subject to all of the terms, conditions, provisions and obligations of this Agreement at the time this Agreement expires or upon the Lessee's default, as the case may be, except the Minimum Annual Rent shall be one and one-half (1.5) times the amount of such rent in effect prior to the Lessee's holding over, Lessor does not waive its right to pursue any legal or equitable remedy against Lessee with regard to Lessee's continued possession of the Premises after the expiration of the term of this Agreement. 3. LEASE PAYMENT 3.1 Lease Payment. The monthly rent to be paid to the Lessor shall be determined by the following: (a) Commencing April 1,2010 through September 1, 2010, Lessee shall pay a monthly rent of one dollar ($1.00). (b) Beginning October 1, 2010 the monthly rent shall be four hundred dollars ($400.00). Lessee shall pay to Lessor the monthly rent in advance, on or before the first day of each and every month of the Lease Term beginning April 1, 2010. Lease payments for any period during the term hereof which is for less than one month shall be a pro rata portion of the monthly installment. 3.2 Rent Adjustment. The monthly rent for the Lease Area shall be adjusted by the consumer price index (CPI) of each year beginning on April 1, 2013. The rent shall be adjusted by multiplying the same by the annual average percentage increase (rounded to the nearest tenth decimal) in the CPI published by the United States Department of Labor, Bureau of Labor Statistics (All Urban Consumers, All Items) for the San Francisco - Oakland - San Jose Metropolitan Statistical Area during the preceding twelve (12) month period, ending April 30. In any event. each annual adjustment to the Lessee's Lease Area charges shall be the CPI adjustment not to be less than 30/0 or exceed 8%, during any given year. ATTY/AGR/2009.081 110309 Initials Page 3