RES 348 Draft 01 2006-2008 - Laserfiche WebLink

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time and any and all other taxes or duties levied or assessed by the United States, the State of Hawaii, the County of Hawaii, or any other political subdivision of the State of Hawaii now or hereafter having power to levy taxes or duties which are attributable to the rent or other payments made by or on behalf of Tenant under the terms of this Lease. It is the intent of this provision and of the other provisions of this Lease to insure that the rent herein provided to be paid to Landlord by Tenant will be received by Landlord without diminution by any tax, assessment, charge or levy of any nature whatever, except United States and State of Hawaii net income taxes, and the terms and conditions of this Lease shall be liberally construed to effect such purpose. b. Conveyance Tax. Any conveyance tax imposed pursuant to Chapter 247, Hawaii Revised Statutes, or any rules and regulations promulgated thereto, shall be payable by Tenant. Landlord shall advise Tenant of the amount of said tax and said tax shall be due and payable at the time of execution of this Lease. Further, Tenant shall be responsible for and shall pay before delinquency, all municipal, state or county taxes assessed during the term of this Lease against it by reason of the conduct of its business in the Premises or with respect to personal property of any kind, owned by or placed in, upon or about the Premises by and/or at the expense of Tenant. 8. Security Deposit. a. Amount of Deposit. Tenant, contemporaneously with the execution of this Lease, shall deposit with Landlord the security deposit set forth in the attached Special Lease Provisions. The security deposit shall be held by Landlord, without liability for interest, as security for the faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term of this Lease. b. Use and Return of Deposit. If Tenant fails to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by Tenant, including the payment of rent or any other sum to Landlord, then Landlord, at its option, may appropriate and apply the entire deposit, or so much of the deposit as may be necessary, to compensate Landlord for any overdue rent or other sum, or any loss or damage sustained or suffered by Landlord due to such breach by Tenant. Should the entire deposit, or any portion thereof, be so appropriated and applied by Landlord for the payment of losses, damages, overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount to restore the security deposit to the sum required under this Lease. Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. If Tenant complies with all of such terms, covenants, and conditions and promptly pays all of the rent and all other sums payable by Tenant to Landlord under this Lease as they fall due, then the security deposit shall be returned, without interest, to Tenant within thirty (30) days of the termination of this Lease. c. Transfer of Deposit. Landlord may transfer and/or deliver the security deposit, as such, to the purchaser of the property in the event of sale, and thereupon Landlord shall be discharged from any further liability to Tenant in reference thereto. SUITE B1021 B103 LEASE AGREEMENT ALIT PLAZA "B", LLC I COUNTY OF HAWAII 12