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future annual Base Rent payments will be due on the anniversary of the Commencement Date. Commencing on the anniversary date of this Lease Agreement, and on each anniversary date thereafter until this Lease Agreement is terminated, the monthly base rent due from Zone 7 shall be increased annually by the greater of 4% or the year-to-year change in the Consumer Price Index, All Urban Consumers (CPI-U) ,San Francisco- Oakland-San Jose Area, All Items Index (standard reference base period 1982-84 = 100) published by the United States Department of Labor, Bureau of Labor Statistics. The year- to-year change in the CPI-U will be based on the movement from June of the previous year to June of the year that an increase is due. 4.2 Catch-Uo Rent. In addition to paying the Base Rent, Zone 7 hereby agrees to pay City the sum of $76,200 ("Catch-Up Rent")for Zone 7's beneficial use of the Leased Areas from August 30, 2003 through the commencement date of this Lease Agreement. Zone 7 shall pay the Catch-Up Rent to City in annual installments of at least $15,240 a year until the outstanding balance is paid in full. Interest shall accrue at the rate of four percent (4%) simple interest per annum on the outstanding balance of the Catch-Up Rent. At its discretion, Zone 7 may pay City the outstanding balance of the Catch-Up Rent in lieu of future annual payments. The annual payments and outstanding balance of the Catch-Up Rent shall not be subject to annual increases applied to the Base Rent. The Catch-Up Rent and any accrued interest shall be paid in full prior to the conclusion of the initial five (5) year term of this Lease Agreement. 4.3 Utility Charoe. Zone 7 shall, at its own expense, pay for all utilities related to the use of Leased Areas and its Equipment and Antenna. Zone 7 hall be responsible directly to the serving utilities for such service and shall indemnify the City and Pleasanton and hold each of them harmless against any liability or damages on such account. Zone 7 shall, at its own expense, pay for any utility meters, connection charges, deposits or fees chargeable by any utility company for its use of the Leased Areas. 5. Term 5.1 Initial Term. This Lease Agreement shall be for an initial term of five (5) years. Zone 7 may extend its tenancy beyond the initial term for two additional successive five (5) year options, unless terminated earlier as provided in this Lease Agreement. This Lease Agreement shall supersede and replace any and all other leases or agreements between said parties or their predecessors in interest concerning the use of the Leased Areas. 5.2 Commencement Date. The initial term of this Lease Agreement shall commence on October 1, 2008 . 5.3 Exercise of Options to Extend Lease. Any exercise of the extensions by Zone 7 shall be subject to the same terms, covenants, and conditions contained in this Lease Agreement, including any revisions to the rules authorized by section 7.4. 6. Citv and Pleasanton Oblioations 6.1 The City shall provide and maintain the Property, and the City and Pleasanton shall Lease Agreement -Zone 7 Page 4