AMD 1998 Annual Report Download - page 138

twelve (12) month period, the Late Charge shall not be due and payable unless
the Basic Rent has not been paid within five (5) days following the due date
thereof;
(iii) a sum equal to any additional sums that are payable
by Landlord to a Lender under a Note by reason of Tenant's late payment or non-
payment of Basic Rent or by reason of an Event of Default (including any late
charge, default penalties, interest and fees of Lender's counsel), (A) which are
payable under the documents evidencing and securing the Initial Loan and (B)
which are payable under the documents evidencing and securing any subsequent
Loan (after payment in full of the Initial Loan), to the extent typically
charged by a lender;
(iv) interest at the rate (the "Default Rate") of two
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percent (2%) over the Prime Rate per annum on the following sums until paid in
full: (A) all overdue installments of Basic Rent from the respective due dates
thereof, (B) all overdue amounts of Additional Rent relating to obligations
which Landlord shall have paid on behalf of Tenant, from the date of payment
thereof by Landlord, and (C) all other overdue amounts of Additional Rent that
are payable to Landlord, from the date when any such amount becomes overdue;
(v) typical and customary charges of a lender in the
administration and servicing of a Loan and oversight of Lender's collateral
(e.g., escrow costs, property inspections, lockbox fees, trustee fees, tax
service costs, fees and expenses related to the resale of the Initial Loan by
Initial Lender, appraisal costs); and
(vi) costs required to maintain an independent director
for the managing member of Landlord.
(b) Tenant shall pay and discharge (i) any Additional Rent
referred to in Paragraph 7(a)(i) when the same shall become due, provided that
amounts which are billed to Landlord or any third party, but not to Tenant,
shall be paid within thirty (30) days after Landlord's demand for payment
thereof or, if later, when the same are due, and (ii) any other Additional Rent,
within thirty (30) days after Landlord's demand for payment thereof.
(c) In no event shall amounts payable under Paragraph 7(a)(ii),
(iii) and (iv) exceed the maximum amount permitted by applicable Law. Further,
in no event shall Tenant be required to pay to Landlord any item of Additional
Rent that Tenant is obligated to pay to any third party pursuant to any
provision of this Lease.
(d) Tenant shall have no obligation to pay for costs arising as
a result of Landlord's actions or decisions as long as such actions or decisions
do not arise as a result of Tenant's failure to perform its obligations under
this Lease (e.g., defeasance or assumption charges or costs in connection with
loan modifications requested by Landlord), costs associated with Landlord's
required reporting to Lender (e.g., financial statements), costs of refinancing
any Loan (e.g., commitment fees, loan fees, due diligence and transaction costs)
or costs arising as a consequence of a dispute between Landlord and Lender or a
default by Landlord under any Loan not, in either event, caused by a
corresponding default by Tenant under this Lease.
8. Net Lease; Non-Terminability.
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(a) This is a net lease and all Monetary Obligations shall be
paid without notice or demand (except as otherwise provided herein) and without
set-off, counterclaim, recoupment, abatement, suspension, deferment, diminution,
deduction, reduction or defense (collectively, a "Set-Off").
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Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999