COM 0439.002 1996-1998 - Laserfiche WebLink

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r 1.02 Term. The term (the "Term") of this Lease shall be approximately fig>e (5) years, commencing on the Commencement Date of this Lease and ending on December 31, 2002, unless extended by mutual agreement of Lessor and Lessee. 1.03 Ouie*_ Enioyment. Upon observance and performance of the terms, covenants and conditions contained in this Lease and to be observed and performed by Lessee, Lessee shall peaceably hold and enjoy the Premises for the Term and any extensions thereof without hinderance or interruption by Lessor or any other person lawfully or equitable claiming by, through or under Lessor, except as otherwise expressly provided in this Lease. II. DEFINITIONS 2.01 Defined Terms in this Lease. For the purpose of this Lease, the following terms shall have the following meaning (such meanings to be equally applicable to both the singular and plural forms of the terms defined in this Lease): Adiusted Gross Income: For each calendar year during the Term of this Lease, Lessee's gross income derived from or attributable to the Premises, including without limitation the gross proceeds from the sale of Papaya Product and other crops, regardless of whether such sales are made by Lessee or any Permittee of Lessee, if any, or otherwise, as shown on the annual federal or state income tax return or Hawaii general excise tax return of Lessee and any Permittee, less all Hawaii general excise tax paid on such gross proceeds, and less real property taxes and assessments paid with respect to the Premises in the calendar year. Burial Site: A site other than a known, maintained, actively used cemetery, on which site human skeletal remains are discovered or are known to be buried and appear to be over fifty (50) years old. Business Dav: Any day other than a Saturday, a Sunday or a day on which commercial banks in Honolulu, Hawaii are required or authorized to be closed. Calendar Quarter: A period of three (3) months beginning on January 1, April 1, July 1 or October 1 of any year. Conservation Laws: All federal, state or local laws, ordinances or regulations, now or hereafter in effect, relating to the conservation, preservation, management or protection of an Endangered Species and the Critical Habitat upon which any Endangered Species depends, including without limitation, the Endangered Species Act, as amended, 16 U.S.C. §1531 et. sea•, and Hawaii laws regarding Conservation of Aquatic Life, Wildlife, and Land Plants, H.R.S. Chapter 195D, and any similar state or local laws or ordinances and the regulations now or hereafter adopted, publiskled and promulgated pursuant thereto. GLS 081997 12548.6 GLS 2002 064 5