RES 348 Draft 01 2006-2008 - Laserfiche WebLink

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b. Liquidated Damages. If Tenant shall, at the termination of this Lease, fail to yield possession to Landlord, Landlord shall require Tenant to pay and Tenant shall pay, as liquidated damages, for each day possession is withheld, an amount equal to double the amount of the daily Monthly Base Rent computed on the basis of a thirty (30)-day month, together with any other payments required under this Lease. Tenant and Landlord agree that damages for Tenant's retaining possession would be difficult to ascertain. Landlord and Tenant agree that the liquidated damages set forth is a fair and equitable estimation of such damages. c. Holding Over. Any holding over after the termination of this Lease, with the consent of Landlord, shall be construed to be a tenancy from month to month at a Monthly Rent specified by Landlord in writing and on the terms and conditions specified in this Lease, so far as applicable. 5. Monthly Rent. For each and every calendaz month during the term of this Lease, commencing on the Commencement Date, or such other date as provided in Paragraph 3.6 above, Tenant shall pay to Landlord, without notice, on or before the first (1 s`) day of each month, in advance, at Landlord's address, the Monthly Rent as set forth in the attached Special Lease Provisions. If the beginning date for the payment of Monthly Rent is not on the first (1 s`) day of the month, the Monthly Rent for the first fractional month shall be paid pro-rata, together with the first full month's Monthly Rent. 6. Utility Expenses. a. Tenant's Percentage of Utility Expenses. In addition to the Monthly Rent, Tenant shall also pay a percentage shaze of all electrical and rubbish collection expenses. Said percentage shall be based upon the square footage of the space it occupies in relation to the total of all occupied space serviced by a common meter. Tenant shall have no right to withhold, deduct or offset any amount from the additional rent even if the actual square footage of the Premises is less than the square footage of the Premises set forth in the attached Special Lease Provisions. Tenant shall also pay actual utility chazges separately billed or metered to Tenant (see Paragraphs 14b. below). b. Payment of Tenant's Percentage of Utility Expenses. Tenant shall pay its proportionate shaze of Utility Expenses within ten (10) days of Landlord's presentation to Tenant of a statement for such expenses. (Tenant shall, during the teen of this Lease, pay for, prior to delinquency, all telephone, water and other utility services, and all other materials and services, (i) separately metered, furnished or delivered to, or used in, the Premises, and (ii) which may be fuurnished to or used in, on, or about the Premises and not expressly required to be paid for by Landlord hereunder, whether as a Property maintenance and operating expenses or otherwise.) 7. General Excise/Conveyance Taxes. a. Landlord's General Excise Tax. In addition to Monthly Rent, and any other fees or charges herein provided, Tenant shall also pay over and reimburse Landlord, on each rental payment date during the term hereof, an amount equal to that portion of the State of Hawaii General Excise assessed to Landlord and attributable to the rent and other payments made by or on behalf of Tenant under the teens of this Lease, and Tenant shall also pay all and any increases in said taxes from time to SUITE 810216103 LEASE AGREEMENT ALIT PLAZA "B", LLC I COUNTY OF HAWAII ]1