KEISER, STEVEN J. - Laserfiche WebLink

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39. Landlord, Steven J. Keisar, hereby discloses that he is a licensed Real Estate Salesman. Landlord warrants that there is no real estate broker or agent who is entitled to a commission in connection with this 40. LIME Time is of the assence of this Lease and each and all of its provisions. 41. The covenants and conditions contained in this Lease sha%1v subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties to this Lease. 42. (a) Wpan the beginning of the second year of the Lease term and upo; the bsaginm6ng~of each subsequent year of the Lease term, Tenant shall pay to Landlord, as additional rent* Tenant's pro-rata share of any increase 1/ direct expenses, as hereinafter defined, for the operation and maintenance costs and expenses attributable to the Building, over and above the direct expenses actually incurred during the calendar year in which the Lease ter' commenced. Tenant's pro-rata share of any such increase shall equal the sum obtained by multiplying the increase in expenses times the percentage obtained by dividing the total square footage contained in the Building into the total square -footage of the Premises. Said percentage is hereby agreed upon as _��OoLt— of 410 W. 4th Street, Santa Ana T. The ter ldirLAct expenses" as used herein shall inclu�e all di costs of operation and maintenance an determined by standard accounting practicesq and shall include the following costs by way of illustration but not by way of limitatiOn" water, trash removal and sewer charges; utilities; property management; common area maintenance (including maintaining and repairing heating and air conditioning equipment); janitorial services; and supplies, "..°.e.^.^~, equipment, and labor costs incurred in the maintenance and upkeep of all 1andscapimg* and repair or replacement of parking and common areas, including monument signs and external lighting. The term "direct expenses shall not include depreciation on the Building or equipment therein, interest on debt secured by the building, or real estate broker's commissions" (b) Tenant shall pay to Landlord an amount estimated by Landlord tc be Temant's monthly share of such increase in direct expenses (as defined above), in advance, on them fipst day of each calendar month of the Lease term commencing upon the beginning of the second year of the Lease term. Landlord m'-v from time to time, adjust the amount of the estimated 6irec^ wex�»emses may, basis of Landlord's reasonably anticipated costs for the tin~~' period. �m �ccoun��n� period is the calendar year except that accounting p " the portion f the comlendAr year fro/ the first accounting period shall be e p�r c» o the beginning of the first year of the Lease term to the end of that calendar year, and the last accounting period shall he the portion of the