increase in the U.S. Bureau of Labor Statistics §Consumer Price Index, all urban
consumers, all items index, for the preceding twelve months".
Section 3.2, framed as "additional charges", provides that "tenant" and
landlord agree that the rent accruing under this lease shall be net to landlord and that all
taxes, costs, fees, expenses and charges of every kind and nature (additional charges)
relating to the premises, except the taxes of the landlord referred to in §6.3 and any
payment for interest or principal under any mortgage related to the premises, which may
arise or become due during the term or any extension of this lease, shall be paid by
tenant, and that tenant shall indemnify and save harmless landlord from any and against
them."
Provision 3.3, delineated as "late charges" provides as follows: "[a]ll fixed
rent, additional charges and any other sums payable by tenant hereunder shall be paid to
landlord without notice or demand or without abatement, deduction or setoff. All fixed
rent or other payment delinquent for a period in excess of 10 days shall be subject to a
late charge of 5% of the amount of the delinquent payment. In addition, all sums owing
hereunder shall, commencing 10 days after their due date, their interest at a rate per
annum equal to the "Prime Rate", as the same may be charged from time to time and
published in the Wall Street Journal, (the "Interest Rate"), from the applicable due date.
Tenant shall also pay any sales and use tax or other similar character that is imposed
upon or measured by the fixed rent, additional charges and/or other sums payable
hereunder."
For the purposes of this decision, §3.4, namely, "accord and
satisfaction" is only relevant to the extent that the provision provides that no payment by