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Licensee fees for any period during the term hereof which is for less than one month shall be a pro rata portion of the monthly installment. License fees shall be payable to the Licensor at the address set forth above or at such other address as Licensor may from time to time designate in writing. 3.3 Licensee Fee Adjustment. The fee for the license area will be adjusted by the consumer price index (CPI) of each year beginning on September 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 November 30. In any event, each annual adjustment to the Licensee's Lease Area charges shall be the CPI adjustment not to be less than 30A> or exceed 80/0 during any given year. 3.4 Delinquent License Fees. Licensee acknowledges that the Licensor incurs collection and administrative costs associated with pursuing delinquent license payments. Licensee and Licensor hereby agree that if the license payment for any month is not received by the Licensor by 5:00 p.m. on the fifth (5th) day of each month, Licensee shall pay a late charge equal to ten percent (10%) of the License Fee. The late charge will be added to the succeeding month's license payment. 4. FAILURE TO PAY LICENSE FEE OR OTHER CHARGES 4.1 Failure by Licensee to pay fees or other charges when due, or to comply with any other condition, shall terminate this License and the Lease Agreement for Lease Area 2A at the option of Licensor. 4.2. For all installments of license fees and other charges for such time as the enclosed Lease Area remains vacant for the remainder of the term of the License, such installments and charges shall be payable as they become due. 5. COMMON AREA MAINTENANCE (CAM) CHARGES 5. 1 During the license term, Licensee shall pay six hundred dollars ($600) Common Area Maintenance (CAM) charge per month effective 30 days after the opening of all four retail and food kiosk spaces at Courthouse Square. If one or more tenants cease operations after the CAM payments commence, the Lessee's $600 CAM shall remain in effect. Payments shall be due on or before the first day of each and every month. CAM for any period during the term hereof which is for less than one month shall be a pro rata portion of the monthly installment. Licensor will send a notice to Licensee stating that the CAM charges shall be in effective 30 days prior to the first CAM payment. The CAM shall be adjusted annually commencing September 1, 2013 by multiplying the same by the percentage increase (rounded to the tenth decimal). in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics (CPI-U) for the San Francisco - Oakland - San Jose Metropolitan Statistical Area during the preceding twelve (12) month period, ATTY/AGR/2009.082 020110 ,F~ Initials Page 3