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J':CN.=i9-99 TUE 435 PM 'BYATT AND MARTELL LLC FA% N0, 970 484 1170 P, ~ <br />~...- <br />Tenant shall pay all filing Pees and other expenses incurred in <br />attempting to obfiain Final Approval of the Tower. <br />2. Rental. The term "lease yearn shall mean a period of <br />twelve (12) consecutive calendar months. The first lease year <br />shall commence on the -first day of the month following Final <br />Approval of the Tower (which is the date the initial ta;m of this <br />Lease shall commence as provided in paragraph 3 hereinafter). Rent <br />shall be payable annually in advance on or before the first day of <br />each lease year. Rent for the first two (2) lease years shall be <br />Sixteen Thousand Two Hundred Dollars ($16,200) per year. At the <br />commencement of the third lease year and at the aom:nencement of <br />each odd-numbered lease year thereafter, annual rent shall be <br />increased to reflect the trend of the purchasing power or real <br />value of the United 3tatas Dollar. The adjustment shall be based <br />on the Consumer Price Index for all items in the index entitled: <br />All Items and Major Group Figures For All Urban Consumers as <br />published by the Dnited Staters Department of Labor Bureau oP Labor <br />Statistics. The All Items Index figure for the calendar year <br />ending December 31, 1998, 6hall be determined as the base period, <br />and the rent for the first lease year of Sixteen Thousand Two <br />Hundred Dollars ($16,200) shall be the base teat. The All Items <br />Index figure for the calendar year ending immediately prior to the <br />commencement of each odd-numbered lease year shall be determined. <br />The annual tent Tor the next two (2) lease years shall be increased <br />from the base rent of Sixteen Thousand Two Hundred Dollars <br />($16,200) by the -same percentage as the percentage change in the <br />Index Figures so determined. <br />All payments of rent shall be made by the Tenant to the <br />Landlord at such place as the Landlord may from time to time <br />designate iri writing. Far the present, the Landlord designates the <br />address set Zorth hereinabove as the place for making the payments <br />of rant. All rent shall be payable in currant legal tender of the <br />IInited States as the same is then by law constituted. The <br />extension oP time for the payment of any installment of rent or the <br />acceptance by the Landlord of any money ottxer than of the kind <br />herein specified shall not be a waiver of the right of the Landlord <br />to insist oh having all of the payments of rent made in the manner <br />and at the time herein specified. In the event any payment of rent <br />is not made when due, the Tenant shall pay a late payment penalty <br />equal to ten gercent (108) oP the delinquent amount. <br />3. Term. The initial term of this Lease ehail be for a' <br />period Of tan (SO} years, Commencing on the first day of the month <br />following 8ina1 Approval of the Tower. As additional consideration <br />for the execution of this Leases by the Tenant, the Landlvzd hereby <br />grants'to the Tenant the OpCion to extend the term of this Lease <br />