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06/04/03 11:51 AMSCOT FINANCIAL CORPORATE ~ 83139291907 NO. 007 [;109 of Tenant"s not having the right to exercise such option), then this right and option shall tenninate and be null and void without the necessity of any further act or documentation by Landlord or Tenant, and the Term shall terminate in accordance with the provisions set forth elsewhere herein. 3.04 Memorandum of Lease. Ifrequested by Landlord, Tenant agrees to execute a Memorandum of Lease, Landlord shall prepare and may record the Memorandum, whereupon Landlord stlall pay all costs, fees, taxes and other expenses of executing, d.elivering and recording the Memorandum. Tenant agrees not to record this Lease, SECTION 4 RENT ,. 4.01 Monthlv Rental. Tenant shall pay the Monthly Rental to Landlord during the Term. Tenant shall pay to Landlord a pro rata part of the Monthly Rental for the partial month, if any, immediately following the Rent Commencement Date. The payment for the fractional month, ifany, and for the first (1 st) full month of the Tenn, shall be due and payable on the Rent Com.men.cement Date, and the subsequent installments of Monthly Rental shall be due and payable on the first (lst) day of each month thereafter, commencing with the first (Ist) day of the first (1 st) full month after the Rent Commencement Date, 4.02 Pro Rata Share of Common Area Maintenance Exoenses. Taxes and Insurance. Commencing on the Rent Commencement Date, Tenant shall pay to Landlord throughout the Term, as additional rent, for each Calendar Year, upon presentation by Landlord to Tenant of a bill(s) therefore: (a) Tenant's Pro Rata Share of Common Area Majntenance Expenses; (b) Tenant's Pro Rata Share of Taxes; and (c) Tenant's Pro Rata Share ofInsurance. 4.03 Installments. Tenant shall pay to Landlord Tenant's Pro Rata Share of Common Area Maintenance Expenses, Tenant's Pro Rata Share of Taxes and/or Tenant's Pro Rata Share of Insurance (collectively, "Share") for any Calendar Year in monthly installments, in the following manner. Landlord may, at any time prior to or during a Calendar Year, submit to Tenant Landlord's reasonable estimate of the Share for such Calendar Year, Such estimate may be revised from time to time during such Calendar Year. If Landlord shall submit to Tenant such estimate, Tenant shall pay the amount of such estimate in equal monthly installments, in advance, on or before the first (1st) day of each calendar month during such Calendar Year so that the full amount of such estimate shall have been paid upon the expiration of such Calendar Year. If Landlord shall collect payments on account of the Share for any Calendar Year monthly, pursuant to this Section, then, within one hundred twenty (120) days following the expiration of such Calendar Year, Landlord shall furnish to Tenant a written statement showi'ng the actual amount of the Share for such Calendar Year and the payments theretofore made by Tenant. If the payments made by Tenant shall exceed the Share, Tenant shall be entitled to a credit for such excess. If the Share shall exceed the payments made by Tenant, Tenant shall pay to Landlord the d.eficiency within thirty (30) days after Landlord shall submit the aforesaid statement to Tenant. 4.04 Payment of Rentals. All Rent shall be paid by Tenant to Landlord at Landlordls Address for Payment, without any right of notice, demand, deduction or set-off III case of no;:r'Ql ~"7~ ""'lH)()'il_' 11()4~ .8-