Carbonite 2011 Annual Report Download - page 115

Confidential Treatment Requested by Carbonite, Inc.
3.3 Payments Generally . Base Rent and all forms of Additional Rent payable hereunder by Tenant (i) shall be payable to Landlord when due,
without any prior notice or demand therefor, in lawful money of the United States without any abatement, offset or deduction whatsoever (except as
specifically provided otherwise herein), and (ii) shall be payable to Landlord at the address of Landlord specified in Item 12 of the Basic Lease
Information (or to such other person or to such other place as Landlord may from time to time designate in writing to Tenant). No receipt of money by
Landlord from Tenant after the termination of this Lease shall reinstate, continue or extend the Term of this Lease. No partial payment by Tenant shall
be deemed to be other than on account of the full amount otherwise due, nor shall any endorsement or statement on any check or any letter
accompanying any check or payment be deemed an accord and satisfaction, and Landlord shall be entitled to accept such payment without compromise
or prejudice to any of the rights of Landlord hereunder or under any Applicable Laws. In the event that the Commencement Date or the expiration of the
Term (or the date of any earlier termination of this Lease) falls on a date other than the first or last day of a calendar month, respectively, the Rent
payable for such partial calendar month shall be prorated based on a per diem basis.
3.4 Late Payments
. Landlord and Tenant agree that if Landlord has not received any payment of Rent on or before the Delinquency Date, Tenant
shall, in addition to Tenant’s obligation to pay the Late Payment to Landlord, also be required to pay to Landlord, as Additional Rent, (i) a Late Charge,
and (ii) Late Payment Interest from the Delinquency Date until the date the foregoing are paid, collectively, to cover Landlord’s additional
administrative costs and damages related to such Late Payment, which are difficult, if not impossible, to determine. Notwithstanding the foregoing,
Landlord hereby agrees to waive the Late Charge with respect to the first late payment in any twelve-(12)-month period. In no event, however, shall the
charges permitted under this Section 3.4, or elsewhere in this Lease, to the extent the same are considered to be interest under Applicable Law, exceed
the maximum lawful rate of interest. Landlord’
s acceptance of any Late Charge, or any Late Payment Interest, shall not be deemed to constitute a waiver
of Tenant’s default with respect to the Late Payment, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord
hereunder or under any Applicable Laws.
3.5 Utilities .
3.5.1 Tenant’s Utility Payment . Tenant shall pay the cost of all utilities (e.g., electricity, chilled water) serving, provided to and/or used in
or for the Tenant Space (collectively, “ Tenant’s Utility Payment ”). Landlord and Tenant agree that, each month, Tenant’s Utility Payment shall be a
sum equal to (a) Tenant’s actual metered utility costs for the month in question, based on the Metering Equipment – Utility, plus (b) [***] percent
([***]%) of Tenant’s actual metered utility costs for such month to account for those portions of such utility costs that are not metered directly to the
Premises (i.e., a total of [***] ([***]%) of Tenant’s actual metered utility costs). Tenant shall pay Tenant’s Utility Payment to Landlord, as Additional
Rent, within thirty (30) days after Tenant’s receipt of each Tenant’s Utility Payment invoice.
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