1999 AGN DEC 07 I26 - Laserfiche WebLink

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be extended for the Extended Term. Lessor shall determine the extent to which such an Extended Term shall be conditioned upon completion, prior to expiration of the Original Term, of the requirements set forth in Government Code Section 37380 and Civil Code Section 719, as those statutory provisions may be amended, revised or otherwise replaced and relocated. It is hereby acknowledged and agreed that Lessor makes no covenant, representation or warranty as to whether such statutory requirements apply or whether such requirements can or will be met. Compliance with such statutory provisions shall be in the sole discretion of Lessor. 3. Lease Payment/Rent Lessee agrees to pay to Lessor, as the rent and consideration pursuant to this Agreement ("Rent"), an amount equal to twelve percent (12%) of the total amount of gross revenues ("Revenues") generated from the all Services performed pursuant to this Agreement except for chapel services involving openings and closings. Lessee shall not be reimbursed for any expenses unless authorized in writing by Lessor. (a) Payment of Rent Rent shall be due and payable on the date which is thirty (30) days from the end of each calendar quarter (March 31, June 30, September 30 and December 31). Each payment of Rent shall be accompanied by the Quarterly Report as required by Section 3(b)(ii). In the event Lessor disputes the amount of any Rent payment or the accompanying Quarterly Report, Lessor and Lessee shall meet within 10 days from the date of a notice submitted to Lessee from Lessor requesting such a meeting. The purpose of said meeting shall be to attempt to resolve the dispute. In the event the parties do not resolve the dispute during said meeting, as the meeting may be continued, then the parties shall submit the dispute to non-binding arbitration as set forth in Section 3(c). In the event either party is not satisfied with the result of the arbitration, then said party may pursue any and all remedies provided by this Agreement and the law. (b) Calculation of Rent The total amount of Revenues, upon which the amount of Rent shall be determined, shall be calculated based upon the records and documentation to be developed and maintained by Lessee as set forth below: (i) Records Lessee shall accurately maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, at -need contracts, pre -need contracts, contracts and/or purchase agreements for merchandise, and other records or documents evidencing or relating to charges for Services. Additionally, Lessee shall accurately maintain computerized inventory logs of occupied plots (occupied plots shall include those where interments occurred prior to the signing of this contract) and unoccupied plots, customer complaints, employee training, inventory, and maintenance logs. (ii) Reporting • Quarterly Reports Lessee shall submit reports to Lessor within thirty (30) days after the end of each calendar quarter (March 31, June 30, September 30 and -2- RVPUB\JFF\531124