COM 0439.002 1996-1998 - Laserfiche WebLink

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estimate of Net Area, with a reconciliation of Base Rent to be made following final determination of Net Area. 3.05 RCUH Special Account. Lessee shall cause ail payments of Premium, Base Rent, Percentage Rent, real property taxes and other charges collected from Permittees to be deposited to the Special Account maintained by RCUH, as Fiscal Agent, for the benefit of Lessor and Lessee, and shall cause all Base Rent, real property taxes and other expenses of operating the Quarantine Program to be paid from the Special Account. Lessee and RCUH shall periodically account to Lessor, Lessee, DOA and CTAHR for the revenues from the Premises and expenses of the Quarantine Program. Upon the first to occur of termination of this Lease or January 1, 2003, Lessee and RCUH shall at Lessor's request, either: (a) pay the deferred Base Rent to Lessor pursuant to a payment schedule to be determined by Lessor and Lessee, or (b) cooperate with Lessor in causing Lessee and RCUH to expend the deferred Base Rent, but not to exceed any excess of revenues over expenses accrued over the Term of this Lease, to assist Lessee, DOA and CTAHR in implementing further quarantine measures on Lessor's other lands on the island of Hawaii at Lessor's sole discretion. IV. USE 4.01 Use of the Premises. Lessee will use the Premises exclusively for the cultivation of papayas by Permittees, and for related purposes, including, without limitation, planting transgenic papaya trees and establishing buffer zones. Lessee shall not conduct or allow any Permittee to conduct any other business activity on the Premises or permit or suffer the use of the Premises for any other use or purpose or cultivate any other crop on the Premises without the prior written consent of Lessor, which consent may be withheld by Lessor in Lessor's sole discretion. 4.02 Quarantine Program. Lessee will comply with the Quarantine Program described in Exhibit D attached to this Lease, and will require all Permittees to comply with the Quarantine Program. 4.03 Memorandum of Agreement. Lessee, DOA, UH and RCUH will enter into the Memorandum of Agreement and will implement all procedures provided for in the Memorandum of Agreement. 4.04 Crop Development Plan. Lessee shall, on or before December 31, 1997, prepare or cause DOA to prepare, in consultation with the U.S. Department of Agriculture, Natural Resources Conservation Service or other appropriate agency with comparable expertise (the "NRCS") and submit to Lessor for approval a crop development plan (the "Crop Development Plan"). The Crop Development Plan must provide for: (a) designation of the Net Area and portions of the Net Area to be planted in traditional varieties of papaya and GLS 081997 12548.6 GLS 2002 064 10