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Initials______ ______
Lessor Lessee
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payable to the order of such payee, which check or draft must be paid in full when presented. All
payments of Base Rent shall be made without notice in equal monthly installments in advance on the first
day of each and every month during the Term commencing on the Rent Commencement Date.
F. Net Lease. It is the purpose and intent of Lessor and Lessee and they agree that Rent
payable hereunder shall be absolutely net to Lessor so that this Lease shall yield to Lessor the Rent
specified, free of any charges, assessments, or impositions of any kind charged, assessed, or imposed
on or against the Property, and without abatement, counterclaim, deduction, defense, deferment or set-off
by the Lessee, except as hereinafter specifically otherwise provided, and Lessor shall not be expected or
required to pay any such charge, assessment or imposition, or be under any obligation or liability
hereunder except as herein expressly set forth, and that all costs, expenses and obligations of any kind
relating to the maintenance and operation of the Property, including all alterations, repairs and
replacements as hereinafter provided, which may arise or become due during the Term shall be paid by
Lessee, the Lessor shall be indemnified and saved harmless by Lessee from and against such costs,
expenses and obligations. Except as set forth in an express provision of this Lease, and except as may
be provided by a final, unappealable judgment or order by a court of competent jurisdiction, this Lease
shall not terminate, nor shall Lessee be entitled to any abatement, deduction, deferment or reduction of
rent, nor shall Lessee have any right to terminate this Lease or to be released, relieved or discharged
from any obligations or liabilities hereunder, for any reason, it being the intention of the parties hereto that
the Rents and all other sums payable by Lessee under this Lease shall be payable in all events, and that
the obligations of Lessee under this Lease shall be separate and independent covenants and shall
continue unaffected unless otherwise expressly provided in this Lease. Nothing in this Paragraph 4.F.
shall constitute a waiver by Lessee of its right to bring an independent cause of action against Lessor for
any default or breach by Lessor under this Lease or under any other agreement to which Lessor and the
Lessee may be parties; provided, however, that no such cause of action, prior to judgment, shall under
any circumstances entitle the Lessee to offset, abate, deduct from or defer the payment of Rent, or such
other sums as are payable by Lessee under this Lease.
G. Late Charge and Interest. If Lessee shall fail to pay any Base Rent or Additional Rent
required to be paid by Lessee hereunder within ten (10) days after the due date therefore, each such
unpaid amount shall be subject to 1) a one-time late charge equal to five percent (5%) of such unpaid
amount to cover Lessor's additional administrative costs resulting from Lessee's failure to pay and not as
interest, and 2) interest at the rate of the lesser of the highest rate permitted by law or .065% per day on
such unpaid amount for each day or portion of a day that the same shall remain unpaid. Such late
charges and interest shall be paid to Lessor together with such unpaid amounts, without further notice to
or demand upon Lessee. Such late charges and interest shall be Additional Rent. The payment of the
sums set forth in the foregoing provisions shall in no way relieve Lessee of the obligation to pay the
monthly installments of Base Rent on or before the first day of each calendar month or Additional Rent
when due.
5. Use of the Premises.
A. Lessee shall use the Premises for the purpose of constructing and operating thereon a
building as described at Exhibit C to be used for __________; all of the foregoing to the extent permitted
by zoning; and for no other use without Lessor's prior written consent in each instance, which may be
withheld if the proposed use will, in Lessor's sole discretion, be detrimental to the orderly development
and operation of the _________. In no event shall the Property or any portion thereof be used for the
operation of an establishment offering the provision of goods, services, or amusements from which
minors would customarily be excluded because of the sexually explicit nature thereof or for any other
reason, such as adult book stores, massage parlors, brothels, public or private bathhouses, escort
services, adult movie theaters, adult video or movie arcades or other establishments which display adult
movies or adult video recordings, or establishments which display erotic, strip, nude or semi-nude
dancers, or an abortion clinic or clinic offering abortions among its services.
source: stewart.com
