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(2) Any sums paid to third parties for the use or rental of pay telephones, stamp
<br />machines, music machines, amusement machines, and other vending machines.
<br />(3) Sums received from casual sales of trade fixtures, equipment, or other personal
<br />property on the Premises provided that such property is not inventory or stock in trade, and such sales
<br />are permitted under this Lease.
<br />(4) Amounts received in written settlement of claims made for loss of or damage to
<br />merchandise on the Premises.
<br />(5) Sales and use taxes and other similar taxes now or in the future imposed on the sale of
<br />merchandise or services, but only if such taxes are added to the selling price, separately stated, and
<br />collected from customers or purchasers.
<br />On or before the lOth day of each calendar month during the Lease Term and any extensions
<br />or renewals of the Term, Lessee shall furnish to Lessor a statement of Gross Sales for the preceding
<br />calendar month. Each statement shall be signed and certified by Lessee or its authorized representative
<br />to be correct (and if Lessee is a corporation, the statement shall be signed and certified to be correct by
<br />an officer of Lessee). If Lessee fails to furnish Lessor with the statement as set forth in this section and
<br />such report is not furnished to Lessor within 10 days following Lessor's written notice to Lessee of such
<br />failure, then the Gross Sales for such Lease Year shall be deemed equal to the highest previously
<br />reported Gross Sales and Lessee shall pay to Lessor, as liquidated damages, the additional sum of $100
<br />per month until such report is furnished. In the event Lessee is delinquent in furnishing Lessor with the
<br />report for two consecutive Lease Years, Lessor shall have the right to conduct an audit of the books and
<br />records of Lessee, its permitted sublessees, licensees, or concessionaires with the cost, together with any
<br />charges resulting from the audit, to be the obligation of Lessee and payable on demand.
<br />Lessee shall keep full and accurate books of account, records, cash receipts, and other
<br />pertinent data showing its Gross Sales. Lessee, its pernutted sublessees, licensees, or concessionaires shall
<br />~ install and maintain accurate receipt-printing cash registers and shall record on the cash registers every
<br />sale and other trarisaction made from the Premises; or, if Lessee, ifs pernutted sublessees, licensees, or
<br />concessionaires does not have and does not wish to install receipt-printing cash registers, Lessee, its
<br />pernutted sublessees, licensees, or concessionaires shall use serialized sales slips and shall record every
<br />sale and other transaction made from the Premises on such sales slips. Such receipts or sales slips shall
<br />be kept and maintained as provided in this section. Lessee shall also furnish to Lessor copies of sales
<br />and use tvc returns at the time each is filed with the State of Oregon.
<br />The books of account, records, cash receipts, sales slips, and other pertinent data shall be kept
<br />for a period of two years from the end of each calendar year during the Lease Term. The receipt by
<br />Lessor of any statement, or any payment of the Percentage Rent for any period, shall not bind Lessor as
<br />to the correctness of the statement or the payment. Lessor shall be entitled, during the Term and for two
<br />yeazs after the end of the Term, to inspect and examine all books of accounts, records, cash receipts,
<br />sales slips, and other pertinent data of Lessee, its permitted sublessees, licensees, or concessionaires for
<br />the purpose of ascertaining and verifying Gross Sales. Lessee, its permitted sublessees, licensees, or
<br />concessionaires shall cooperate fully with Lessor in making such inspection. Lessor shall also be
<br />entitled, no more frequently than once every calendar year dunng the Term and once after the end of
<br />the Term, to an independent audit of books of accounts, records, cash receipts, sales slips, and other
<br />pertinent data of Lessee, its pernutted sublessees, licensees, or concessionaires to determine Gross Sales,
<br />such audit to be conducted by a certified public accountant designated by Lessor. If such an audit
<br />shows that there is a deficiency in the payment of any Percentage Rent, the deficiency shall become
<br />immediately due and payable. The cost of the audit shall be paid by Lessor unless the audit shows that
<br />Lessee has understated Gross Sales by more than 2%, in which case Lessee shall pay all costs of the
<br />audit. In the event that Lessee, its permitted sublessees, licensees, or concessionaires has failed to keep
<br />proper books of account, receipts, and records sufficient to enable the auditor to determine the
<br />Percentage Rent with reasonable accuracy, the auditor shall nonetheless determine the Percentage Rent
<br />with as much accuracy as circumstances permit. In the event such audit determines that Lessee has
<br />Ground Lease Courthouse Square
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