Common use of SUBLEASE PAYMENTS Clause in Contracts

SUBLEASE PAYMENTS. A. District shall pay Lessor lease payments (the "Sublease Payments") in the amount of on the first day of each month at the office of the Lessor or to such other person or at such other place as the Lessor may from time to time designate in writing. In no event shall the sum of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed the GMP as it may be revised by the District from time to time in accordance with the provisions set forth in the Construction Services Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to the GMP agreed to in writing by the District and the Contractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District's inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the Construction Services Agreement. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-rated on a per diem basis with respect to such fractional calendar month. C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, within fifteen (15) business days from the due date thereof, the District shall, upon Xxxxxx's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whichever is less. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. D. In the event that the District exercises its option under Section 27(B) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this Lease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. Except as specifically provided in this Section and in Section 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall pay Lessor lease sublease payments (the "“Sublease Payments"”) in for the amount of on the first day of each month at the office improvements, use and occupancy of the Lessor or to such other person or at such other place as the Lessor may from time to time designate in writing. In no event shall the sum of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed the GMP as it may be revised by the District from time to time in accordance with the provisions set forth in the Construction Services Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to the GMP agreed to in writing by the District various Projects and the Contractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District's inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the Construction Services Agreement. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-rated on a per diem basis with respect to such fractional calendar month. C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, within fifteen (15) business days from the due date thereof, the District shall, upon Xxxxxx's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whichever is lessSites. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. The Sublease Payments, which the parties acknowledge and agree, are good and sufficient consideration for the improvements and the District’s use and occupancy of the Project and the Site. D. B. The District shall pay Lessor the portion of the GMP in accordance with the CSA, as the Sublease Tenant Improvement Payments. No Sublease Tenant Improvement Payment shall be made by the District in an amount that exceeds the aggregate cost approved in accordance with the CSA to the Lessor of the work on the Project completed to the date the Lessor submits an application for payment, less the aggregate amount of all Sublease Tenant Improvement Payments previously made by the District to the Lessor. The District shall also make Sublease Finance Payments for each Measure X Project commencing the date of Substantial Completion and payable monthly thereafter as set forth in Exhibit C to this Master Sublease. Each Measure X Project shall have its own Exhibit C. There is no prepayment penalty, as set forth in Article 21, for early payment of the Sublease Finance Payments at the option of the District. However, the District may not prepay the Sublease Finance Payments unless the following conditions are met: (1) District is not in default of any of the provision the Master Sublease or the Construction Services Agreement, and (2) the Project has reach substantial completion in accordance with the terms of the Construction Services Agreement. C. In the event that the District exercises elects to exercise its option under Section 27(B) Article 21.B below, and purchases the Project by paying the Prepayment Price, the District's ’s obligations under this LeaseSublease including, including but not limited to to, the District's obligation ’s obligations to pay make Sublease Payments under this SectionArticle, shall thereupon cease and terminate. E. D. Except as specifically provided in this Section Article and in Section Article 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. (a) The District shall pay Lessor Corporation lease payments (the "Sublease Payments"" and each individually a “Sublease Payment”) monthly in the amount of on the first day of each month percentage amounts as set forth in Exhibit A hereof, at the office of the Lessor Corporation or to such other person or at such other place as the Lessor Corporation may from time to time designate in writing. In no event shall . (b) Corporation agrees that satisfactory progress pursuant to the sum time schedule required pursuant to Section 3 of the Lease-Leaseback Agreement and of the Construction pursuant to the time schedule required pursuant to Section 10.E. of the Lease-Leaseback Agreement (the “Project Construction Schedule”) shall be conditions precedent to the making of Sublease Payments due hereunder and/or any Sublease Prepayments exceed by the GMP as it may District. The determination of whether the Project Construction Schedule has been adequately adhered to shall be revised made by the inspector hired by the District from time pursuant to time in accordance with Section 21 of the provisions set forth in the Construction Services Lease-Leaseback Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to If the GMP agreed to in writing by the District and the Contractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District's inability to issue a Notice to Proceed for the Project ’s inspector determines that pursuant to the provisions of Section 5 of Project Construction Schedule, the Construction Services Agreement. B. If the Effective Date falls upon work required to be performed prior to a day other than the first day of a calendar monthgiven Sublease Payment has not been met, the District shall pay upon not be required to make that scheduled Sublease Payment. Once the Effective Date a pro rata portion of District’s inspector has notified the District that the work scheduled to be completed prior to the Sublease Payment for in question has been completed, the first calendar month pro-rated on a per diem basis with respect District shall make the Sublease Payment corresponding to completion of such fractional calendar monthwork. C. (c) The District shall retain an amount equal to ten percent (10%) of each Sublease Payment The final Sublease Payment shall be made in the manner described in Section 17 of the Lease-Leaseback Agreement. (d) Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section 6 or Section 9 8 hereof, within fifteen (15) business days from the due date thereof, the District shall, upon XxxxxxCorporation's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve ten percent (1210%) per annum or the maximum legal rate, whichever is less. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. D. In the event that the District exercises its option under Section 27(B(e) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this Lease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. Except as specifically provided in this Section 6 and in Section 9 hereof or as otherwise provided by law8 hereof, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement abatement, or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall pay Lessor lease payments (the "Sublease Payments") in the amount of Three Hundred Thousand No/100 Dollars ($300,000) for One hundred forty seven (147) months, and Nine Thousand, Six Hundred Twenty-four and No/100 Dollars ($9,624) for month One hundred forty-eight (148), on the first day of each month at the office of the Lessor or to such other person or at such other place as the Lessor may from time to time designate in writing. In no event shall the sum of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed the GMP as it may be revised by the District from time to time in accordance with the provisions set forth in the Construction Services Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to the GMP agreed to in writing by the District and the Contractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District's inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the Construction Services Agreement. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-rated on a per diem basis with respect to such fractional calendar month. C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, within fifteen (15) business days from the due date thereof, the District shall, upon XxxxxxLessor's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whichever is less. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. D. In the event that the District exercises its option under Section 27(B) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this Lease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. Except as specifically provided in this Section and in Section 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall (a) Over the Term of this Sublease, the owner will pay Lessor lease payments to the Contractor the Total Sublease Amount for Phase (the "Sublease Payments"excluding any allowances or contingencies) in ( ) equal monthly installments (each such installment being a “Sublease Payment”) pursuant to the amount Schedule of Sublease Payments which shall be prepared based on the first form attached as Exhibit A, executed by the Contractor, and then approved by the Owner’s governing board when it approves the Total Sublease Amount for Phase pursuant to Education Code section 17406(a)(3). [repeat the previous sentence for each phase] Upon execution by the Parties and approval by the Owner’s governing body, the Schedule of Sublease Payments shall act as a written amendment to this Sublease. Payments shall be made by the fifth day of each month at month, pursuant to the office of the Lessor or to such other person or at such other place as the Lessor may from time to time designate in writing. In no event shall the sum of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed the GMP as it may be revised by the District from time to time in accordance with the provisions set forth in the Construction Services AgreementGeneral Conditions. The Sublease Payments shall be adjusted made in accordance with the Contract Documents, including but not limited to reflect the General Conditions. The parties expressly agree that the Total Sublease Amount represents the fair market value for the Work and for the Owner’s use of the Site during the term of the Sublease. (b) During the Lease Term, the Owner will adjust the Total Sublease Amount for each phase to account for any changes in the scope of the Work or use of the Site during the term of the Sublease, including but not limited to (i) spent allowances or contingency, (ii) any change orders, or (iii) Contractor’s actual costs being less than its estimated costs. As set forth in the General Conditions, any changes in the Total Sublease Amount for each phase shall result in a prorated increase, or decrease, in Sublease Payments made following the adjustment to the GMP agreed to in writing by the District and the Contractor. The District shall have no obligation to make Total Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District's inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the Construction Services AgreementAmount. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-rated on a per diem basis with respect to such fractional calendar month. C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, within fifteen (15c) business days from the due date thereof, the District shall, upon Xxxxxx's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whichever is less. The obligation of the District Owner to pay Sublease Payments hereunder shall constitute a current expense of the District Owner and shall not in any way be construed to be a debt of the District Owner in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the DistrictOwner, nor shall anything contained herein in this Sublease constitute a pledge of the general tax revenues, funds funds, or moneys of the DistrictOwner. D. In the event that the District exercises its option under Section 27(B) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this Lease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. Except as specifically provided in this Section and in Section 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall pay Lessor lease payments (the "Sublease Payments") in the amount of [INSERT SUBLEASE PAYMENT(S) AND SCHEDULE] for the term of months , on the first day of each month at the office of the Lessor or to such other person or at such other place as the Lessor may from time to time designate in writing. A copy of the Sublease Payment Schedule is attached hereto as Exhibit “E.“ In no event shall the sum of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed the GMP as it may be revised by the District from time to time in accordance with the provisions set forth in the Construction Services Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to the GMP agreed to in writing by the District and the Contractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District's inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the Construction Services Agreement. The District shall also have no obligation to pay Sublease payments in the event the funds remaining available to make Sublease payments have been exhausted due to Project funds being withheld due to stop notices, disputed work, and/or retention funds from Sublease Prepayments made pursuant to Section 26 below. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-pro rated on a per diem basis with respect to such fractional calendar month. C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, within fifteen (15) business days from the due date thereof, the District shall, upon XxxxxxLessor's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whichever is less. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. D. In the event that the District exercises its option under Section 27(B) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this Lease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. Except as specifically provided in this Section and in Section 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall pay Lessor lease payments (the "Sublease Payments") in the amount of TO BE DETERMINED Dollars ($TBD) on the first day of each month for TO BE DETERMINED (TBD) months, and TO BE DETERMINED ($TBD) in month TO BE DETERMINED (TBD), at the office of the Lessor or to such other person or at such other place as the Lessor may from time to time designate in writing. In no event shall the sum of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed the GMP as it may be revised by the District from time to time in accordance with the provisions set forth in the Construction Services Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to the GMP agreed to in writing by the District and the Contractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District's inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the Construction Services Agreement. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-rated on a per diem basis with respect to such fractional calendar month.. RANCHO XXXXXXXX HIGH SCHOOL BUILDING “N” MOD SUBLEASE AGREEMENT C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, within fifteen (15) business days from the due date thereof, the District shall, upon XxxxxxLessor's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whichever is less. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. D. In the event that the District exercises its option under Section 27(B) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this Lease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. Except as specifically provided in this Section and in Section 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. The District shall pay Lessor lease payments (the "Sublease Payments") in the amount of $ on the first day of each month at the office of the Lessor or to such other person or at such other place as the Lessor may from time to time designate in writing. In no event shall the sum of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed the GMP as it may be revised by the District from time to time in accordance with the provisions set forth in the Construction Services Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to the GMP agreed to in writing by the District and the Contractorcontractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of the District's inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the Construction Services Agreement. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-rated on a per diem basis with respect to such fractional calendar month. C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, within fifteen (15) business days from the due date thereof, the District shall, upon Xxxxxx's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whichever is less. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. D. In the event that the District exercises its option under Section 27(B) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this Lease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. Except as specifically provided in this Section and in Section 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-offoffset, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall pay Lessor lease payments (the "Sublease Payments") in as provided by the amount of on the first day of each month at the office of the Lessor or to such other person or at such other place as the Lessor may from time to time designate in writingConstruction Services Agreement. In no event shall the sum of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed the GMP as it may be revised by the District from time to time in accordance with the provisions set forth in the Construction Services Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to the GMP agreed to in writing by the District and the Contractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District's inability to issue obtain a Notice to Proceed for final judgment from a court of competent jurisdiction validating the Project pursuant to the provisions of Section 5 of the Construction Services AgreementContract Documents. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-rated on a per diem basis with respect to such fractional calendar month. C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, or otherwise questioned or challenged by the District pursuant -5- to the Construction Services Agreement, within fifteen twenty-five (1525) business days from the due date thereof, the District shall, upon XxxxxxLessor's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve ten percent (1210%) per annum or the maximum legal rate, whichever is less. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. D. C. In the event that the District exercises its option under Section 27(B26(B) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this LeaseSublease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. D. Except as specifically provided in this Section and in Section 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall pay Lessor lease payments (the "Sublease Payments") in the amount of on the first day of each month at the office of the Lessor or to such other person or at such other place as the Lessor may from time to time designate in writing. In no event shall the sum of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed the GMP as it may be revised by the District from time to time in accordance with the provisions set forth in the Construction Services Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to the GMP agreed to in writing by the District and the Contractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District's inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the Construction Services Agreement. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-rated on a per diem basis with respect to such fractional calendar month. C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, within fifteen (15) business days from the due date thereof, the District shall, upon XxxxxxLessor's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whichever is less. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. D. In the event that the District exercises its option under Section 27(B) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this Lease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. Except as specifically provided in this Section and in Section 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall pay Lessor lease payments (the "Sublease Payments") in the amount of TO BE DETERMINED Dollars ($TBD) on the first day of each month for TBD (TBD) months, and TO BE DETERMINED ($TBD) in month TO BE DETERMINED (TBD), at the office of the Lessor or to such other person or at such other place as the Lessor may from time to time designate in writing. In no event shall the sum of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed the GMP as it may be revised by the District from time to time in accordance with the provisions set forth in the Construction Services Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to the GMP agreed to in writing by the District and the Contractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District's inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the Construction Services Agreement. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-rated on a per diem basis with respect to such fractional calendar month. C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, within fifteen (15) business days from the due date thereof, the District shall, upon XxxxxxLessor's written request, pay interest on such delinquent payment from the date said payment was due DEL NORTE HIGH SCHOOL NEW SCIENCE CLASSROOM, FIELDS, RESTROOM BUILDING PROJECT SUBLEASE until paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whichever is less. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. D. In the event that the District exercises its option under Section 27(B) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this Lease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. Except as specifically provided in this Section and in Section 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall pay Lessor lease payments (the "Sublease Payments") in the amount of [INSERT SUBLEASE PAYMENT(S) AND SCHEDULE] for the term of months , on the first day of each month at the office of the Lessor or to such other person or at such other place as the Lessor may from time to time designate in writing. A copy of the Sublease Payment Schedule is attached hereto as Exhibit “E.“ In no event shall the sum of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed the GMP as it may be revised by the District from time to time in accordance with the provisions set forth in the Construction Services Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to the GMP agreed to in writing by the District and the Contractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District's inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the Construction Services Agreement. The District shall also have no obligation to pay Sublease payments in the event the funds remaining available to make Sublease payments have been exhausted due to Project funds being withheld due to stop notices, disputed work, and/or retention funds from Sublease Prepayments made pursuant to Section 26 below. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-pro rated on a per diem basis with respect to such fractional calendar month. C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, within fifteen (15) business days from the due date thereof, the District shall, upon Xxxxxx's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whichever is less. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. D. In the event that the District exercises its option under Section 27(B) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this Lease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. Except as specifically provided in this Section and in Section 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall pay Lessor lease sublease payments (the "“Sublease Payments"”) for the use and occupancy of the Project and Site. The Sublease Payments, which the parties acknowledge and agree, are good and sufficient consideration for the District’s use and occupancy of the Project and the Site, are set forth in the amount of Exhibit “C” to this Sublease. Sublease Payments are due and payable on the first 22nd day, or the following business day of if the 22nd day is not a business day, each month at during the office Term. The Sublease Payments include the portion of the Lessor or to such other person or at such other place as Construction Costs financed by the Lessor may from time to time designate in writingContractor. In There is no event shall the sum prepayment penalty for early payment of the Sublease Payments due hereunder and/or any Sublease Prepayments exceed at the GMP as it may be revised by sole option of the District from at any time to time in accordance with during the provisions set forth in the Construction Services Agreement. The Sublease Payments shall be adjusted to reflect any adjustment to the GMP agreed to in writing by the District and the Contractor. The District shall have no obligation to make Sublease payments hereunder in the event the Effective Date Term of this Sublease does not occur as a result of District's inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the Construction Services Agreement. B. If the Effective Date falls upon a day other than the first day of a calendar month, the District shall pay upon the Effective Date a pro rata portion of the Sublease Payment for the first calendar month pro-rated on a per diem basis with respect to such fractional calendar month. C. Should the District fail to pay any part of the Sublease Payments not otherwise excused pursuant to this Section or Section 9 hereof, within fifteen (15) business days from the due date thereof, the District shall, upon Xxxxxx's written request, pay interest on such delinquent payment from the date said payment was due until paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whichever is lessSublease. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. D. In the event that the District exercises its option under Section 27(B) below, and purchases the Project by paying the Prepayment Price, the District's obligations under this Lease, including but not limited to the District's obligation to pay Sublease Payments under this Section, shall thereupon cease and terminate. E. B. Except as specifically provided in this Section Article and in Section Article 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever. C. In no event shall the total of any Sublease Payment, Progress Payment and Retention Payment made by the District at any time during the Term of the Sublease shall exceed approved value of all tenant improvements performed by the Lessor in accordance with the Construction Services Agreement plus any rental payments. If this occurs, the District shall reduce any Sublease Payments accordingly for the current or future monthly Sublease Payment(s). The District, however, will be required to pay the total Sublease Payment prior to the end of the Term of the Sublease.