RES 353 Draft 01 2008-2010 - Laserfiche WebLink

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5. Quiet Enjoyment. Landlord agrees that upon payment by the Tenant of the rent herein provided and upon the faithful observance and performance of all the covenants, terms, and conditions in this lease on the part of the Tenant to be observed and performed, the Tenant shall peaceably and quietly hold and enjoy the leased premises for the term of this lease without hindrance or interruption by the Landlord or any other person or persons lawfully or equitably claiming by, through, or under the Landlord. 6. Rent. Tenant shall pay to the Landlord, in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts, without any setoff or deduction whatsoever, a monthly rent as follows: Year 1 $2,298.79/per month Year 2 $2,358.79/per month Year 3 $2,418,79/per month Year 4 $2,478.79/per month Final 11 months $2,537.79/per month Rent shall be due on the first of the month for the duration of the lease term. In addition to the rent, Tenant shall pay to the Landlord its share of the Common Area Maintenance (CAM) charges of $0.56 per square foot, but not more than 8.202 % of the Shared Expenses. The County shall be responsible for any increases in CAM charges. Any real property tax exemption provided for the Tenant's pro -rata space in the building shall be credited towards the Tenant's share of CAM charges. 7. Excise Tax. In addition to the rent, the Tenant shall pay the Hawaii general excise tax (currently 4.166 %), or any successor tax, which may be payable thereon. 8. Real Property Tax. The Tenant shall be responsible for its pro -rata share of the real property taxes. However, Landlord agrees to timely submit a claim for partial exemption from real property tax, as provided by Section 19 -84, Hawaii County Code (2005 edition, as amended). Tenant will cooperate fully with the Landlord in obtaining such exemption. 9. Deposit. No deposit shall be required. 10. Common Area Maintenance, Utility and Building Services Charges. The common area maintenance charge shall be paid monthly at the rate noted in paragraph 6 of this lease agreement. Landlord shall operate and maintain the property, common area, and facilities therein in a manner deemed as reasonable, appropriate and in the best interest of the tenants of the property. Landlord shall be responsible for all building services included in the CAM charges. The term "common area and facilities" as used in this lease agreement shall be deemed to include those portions of the property as are designated and/or designed for the non - exclusive use of the tenant in common with other authorized users, and shall include, but not be limited to: parking areas; roadways; service areas; driveways; areas of ingress and egress; landscaped and planted areas; sidewalks and other pedestrian ways; corridors; courts; public washrooms; drinking fountains; community rooms; toilets; stairs; ramps; buildings or 64006032 - 3 -