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© Commercial Association of Brokers Oregon/SW Washington (2/05) OFFICE LEASE (OR) ALL RIGHTS RESERVED 6 of 18 business hours, may examine any records used to support the figures shown on the Operating Statement, provided 1 however, that Tenant shall only be entitled to make such an examination once in each Operating Year, and the 2 examination shall not be conducted by anyone who is engaged on a contingent fee basis to represent Tenant. 3 Tenant and any person conducting the examination on behalf of Tenant shall enter into a confidentiality agreement 4 reasonably satisfactory to Landlord and Tenant. 5 6 3.3 Late Charge; Interest. Rent not paid when due shall bear interest until paid at the lesser of (i) the 7 rate of one and one-half percent (1 ½%) per month, or (ii) the maximum rate of interest then permitted by law. 8 Landlord may impose a late charge of the greater of (a) five percent (5%) of Rent then due or (b) $50 for each 9 payment of Rent made more than ten (10) days late (the “Late Charge”). Tenant agrees that late payment by Tenant 10 to Landlord of any Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this 11 Lease, that the exact amount of such costs are extremely difficult and impracticable to ascertain, and that the Late 12 Charge is not a penalty but represents a fair and reasonable estimate of the costs that Landlord will incur by reason 13 of any such late payment. The imposition or collection or failure to impose or collect such a Late Charge shall not be 14 deemed a waiver by Landlord of any other remedies available for Tenant’s default of this Lease. In addition to the 15 Late Charge, Tenant shall pay Landlord an additional charge of $75 for any checks returned due to insufficient funds. 16 17 18 3.4 Disputes. If Tenant disputes any charge for Additional Rent or any Rent adjustment under this 19 Section 3, Tenant shall give notice to Landlord not later than thirty (30) days after receipt of the notice from Landlord 20 describing the charge or adjustment in question, and in no event later than ninety (90) days after expiration or earlier 21 termination of this Lease. If Tenant fails to give such notice to Landlord, the charge or adjustment by Landlord shall 22 be conclusive and binding on Tenant. If Tenant delivers timely notice, the challenged charge or adjustment shall be 23 conclusively resolved by an independent certified public accountant selected by the parties. Each party shall pay 24 one-half (1/2) of the fee charged by the accountant selected to decide the matter, except that if the adjustment in 25 favor of Tenant does not exceed five percent (5%) of the challenged amounts, Tenant shall pay (a) the entire cost of 26 the accountant’s fee; and (b) all reasonable out-of-pocket costs and expenses incurred by Landlord in responding to 27 the challenge. In the alternative, if the adjustment in favor of Tenant is equal to or exceeds five percent (5%) of the 28 challenged amounts, Landlord shall pay (i) the entire cost of the accountant’s fee, and (ii) all reasonable out-of-pocket 29 costs and expenses incurred by Tenant in challenging such charge or adjustment. Nothing herein shall be deemed to 30 alter any other obligations of Tenant as required by this Lease. 31 32 3.5 Prepaid Rent. Concurrently with the execution of this Lease by Tenant, Tenant shall pay the Initial 33 Base Monthly Rent and proportional operating expenses for the first full month of the Lease Term for which Rent is 34 payable. If the lease commencement date does not occur on the first of the month, the second mont h’s rent will be 35 prorated in accordance with the number of days the Tenant was not leasing the space. 36 37 3.6 Security Deposit. Concurrently with the execution of this Lease by Landlord and Tenant, Tenant 38 shall deliver to Landlord the Security Deposit. Landlord may apply the Security Deposit to pay the cost of performing 39 any obligation which Tenant fails to perform within the time required by this Lease, but such application by Landlord 40 shall not waive Landlord’s other remedies nor be the exclusive remedy for Tenant’s default. If Landlord applies the 41 Security Deposit as set forth herein, Tenant shall pay Landlord, on demand, all sums necessary to restore the 42 Security Deposit to its original amount. Tenant shall not have the right to apply the Security Deposit or any part 43 thereof to any Rent or other sums due under this Lease. 44 45 If Tenant is not in default of this Lease at the expiration or termination hereof, Landlord shall return the 46 unapplied portion of the Security Deposit to Tenant, except for any amount necessary to return the Premises to the 47 condition set forth in Section 19. Landlord’s obligations with respect to the Security Deposit are those of a debtor and 48 not of a trustee, and Landlord may commingle the Security Deposit with Landlord’s general funds. Landlord may 49 immediately deposit the Security Deposit into Landlord’s account, but such immediate deposit shall not bind Landlord 50 to the terms of this Lease. Landlord shall not be obligated to pay interest on the Security Deposit. If Landlord sells its 51 interest in the Building during the term of this Lease, Landlord shall be discharged from any further liability or 52 responsibility with respect to the Security Deposit so long as Landlord deposits with or credits to the buyer the 53 unapplied portion of the Security Deposit. 54 55 DocuSign Envelope ID: 58B9EAAB-3323-4198-8EF0-00895196FD5A