Common use of Xxxxxx and Place of Payment of the Rent Clause in Contracts

Xxxxxx and Place of Payment of the Rent. Tenant shall pay Landlord the Rent in the form of either cash, or a cashier’s or company check at Landlord’s address for notices hereunder or at such other place(s) as Landlord may designate from time-to-time. Notwithstanding the foregoing, Tenant shall have the right to have the Rents payable under Section 3.1.1(b) to be paid directly by CalBioGas to Landlord on Tenant’s behalf as and when distributed by CalBioGas pursuant to the Omnibus Agreement. The Rent payable by Tenant to Landlord under this Lease shall be: (i) paid in lawful money of the United States of America; and, (ii) clear and free from any and all claims, demands, offsets or setoffs against Landlord of any and all characters or kinds whatsoever; provided, however, that if any of the items or amounts that were included in the calculation of Cash Flow are later adjusted (for example, an income or expense calculation is subsequently revised by the Energy Agreement), the amount of Cash Flow and the amount payable to Landlord on account thereof will be appropriately adjusted as well, and Tenant will pay Landlord any additional amounts determined to have been due, and Landlord will refund to Tenant any overpayments determined to have been made, in each case within thirty (30) days of such determination. The foregoing obligation shall survive until one (1) year after the end of the limitations periods for the recalculation of any such amounts, including after the termination or expiration of this Lease.