O-2009-3204 LPISD-lease space in new ITC building

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4.2 Expenses. In addition to the Usage Fees, the City shall pay to the District its pro-rata share of the cost of any Utilities, which shall be five percent (5%) of the monthly cost to the District for Utilities and shall pay to the District the additional costs for the usage of Utilities other than during normal business hours ("Expenses"). 4.3 Interest: If the City fails to pay the Usage Fees or any Usage Fee within the time frame required under Section 4.1 or fails to pay any Expenses within thirty (30) days after submission of invoice by the District, the City shall owe to the District interest on all amounts not paid when due in the maximum amount permitted under Section 2251.025 of the Texas Government Code ("Interest"). If any portion of any Usage Fee payment, Expenses, or Interest is not paid as required or by the dates due under this Article 4, the amount of Usage Fee due for the next month or for any succeeding period shall be calculated first by crediting the amount paid by the City against any Interest due with the remainder of the amounts so paid being credited toward any Usage Fee(s) or Expenses then due and owing. If after making such credits, additional amounts are due by the City for Usage Fees, Expenses, or Interest not paid, interest shall continue to accrue until such time as the City pays all outstanding Usage Fees, Expenses, and Interest. 4.4 The City's obligation to pay any Usage Fees, Expenses, and Interest that are outstanding and have not been paid at the end of the Term or upon the earlier termination of this Agreement shall survive the expiration or earlier termination of this Agreement and late charges shall continue to accrue until such Usage Fees, Expenses, and late charges are paid. The District reserves the right to pursue any action or remedy available at law or in equity if the City fails to pay Usage Fees, Expenses, and/or Interest as required under this Agreement. 4.5 The City shall be liable for and shall reimburse the District for the costs of repairing any damage to the Premises, or Property, or any of the District's personal property located at, in, or near the Premises or Property caused by or resulting from the City or any of the City's officers, employees, guests, members, invitees, and/or agents' use of the Premises or presence on the Property. The City's obligations under this Section 4.5 shall survive expiration or earlier termination of this Agreement. 4.6 The District reserves the right to charge and the City agrees to pay any additional charges that may accrue due to the City's usage of the Premises, such as costs for the City's failure to perform its obligations under this Agreement including, but not limited to, the failure to leave the Premises in a clean condition at the end of the Term; damage to the Property or the District's property, equipment, or grounds; and the costs associated with checks returned for insufficient funds. Article 5: Use and Operation 5.1 The City shall not nor shall it permit any person, including without limitation, its officers, employees, guests, members, invitees, and/or agents, to: a) commit any violation of applicable present and future laws, ordinances, orders, rules and regulations regarding the use of the Premises and Property; -4-