Common use of Base Rent Clause in Contracts

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 4 contracts

Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)

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Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to Two Hundred Fifty-One Thousand Three Hundred Eight And 80/100 Dollars ($475,149.74251,308.80), which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., Two Hundred Twelve Thousand Nine Hundred Fourteen And 40/100 Dollars ($383,551.88212,914.40); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., Thirty Eight Thousand Three Hundred Ninety-Four And 40/100 ($91,597.8638,394.40). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Landlord hereby agrees to xxxxx Tenant’s obligation to pay fifty percent (50%) of Tenant’s monthly Base Rent for the second (2nd), third (3rd), fourth (4th), fifth (5th), sixth (6th), seventh (7th), eighth (8th), ninth (9th), tenth (10th), eleventh (11th), twelfth (12th), thirteenth (13th), fourteenth (14th), fifteenth (15th), sixteenth (16th), seventeenth (17th), eighteenth (18th) and nineteenth (19th) full months of the initial Lease Term (collectively the “Abated Rent”). During such abatement period, Tenant shall still be responsible for the payment of Base all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as a part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the unamortized amount of the Abated Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 3 contracts

Samples: Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.)

Base Rent. Commencing on Lessee shall pay to Lessor a minimum monthly rental (the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”), in arrears, calculated as follows. Beginning with calendar month immediately following the earlier of (i) as set forth in Section 8 one hundred eighty (180) days following the Effective Date, or (ii) the date that Lessee enters into a credit facility, or receives other debt or equity financing, to provide substantial funding for the construction of the SummaryPlant, payable then, for such month and the succeeding twenty three (23) consecutive calendar months thereafter, Lessee shall pay the Base Rent of Forty One Thousand Six Hundred Sixty Seven Dollars ($41,667.00) per month; and, for each calendar month thereafter for so long as this Lease remains in equal monthly installments as set forth in Section 8 effect, the Base Rent of the Summary in advance Eighty Three Thousand Three Hundred Thirty Three Dollars ($83,333.00) per month. Payments of Base Rent shall be paid on or before the twentieth (20th) day of the next succeeding calendar month following the month for which such Base Rent Commencement Date andis accrued. Lessee shall provide written notice to Lessor within three days following the occurrence of the condition in clause (ii) above. In the event Lessee pays Base Throughput Payments or Supplemental Throughput Payments pursuant to Section 3.02(a) or (b) below for coal transported, thereafterprocessed, loaded or shipped over, through or on the Surface Property in such calendar month sufficient to equal the minimum monthly rental, no minimum monthly rental shall be due with respect to such month. If Lessee does not transport, process, load or ship sufficient coal during such calendar month to pay Base Throughput Payments or Supplemental Throughput Payments equal to the monthly Base Rent, then Lessee shall pay the difference between the Base Rent for such month and such Base Throughput Payments and Supplemental Throughput Payments, if any, paid for coal transported, processed, loaded or shipped over, through or on the Surface Property during such month. Base Rent payments in excess of such Base Throughput Payments and Supplemental Throughput Payments in any calendar month shall be fully recoupable by Lessee by crediting the same against such Base Throughput Payments and Supplemental Throughput Payments thereafter due to Lessor, if any, until fully recouped by Lessee. Lessor shall not be required to refund any unrecouped Base Rent paid by Lessee and not recouped from Base Throughput Payments or Supplemental Throughput Payments pursuant hereto. Notwithstanding the foregoing, the first day of each Fifty Thousand Dollars ($50,000.00) in Base Rent shall not be recoupable and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised paid to Lessor without crediting Base Throughput Payment or Supplemental Throughput Payment against the same. Simultaneously herewith, Lessor and Lessee have entered into that certain Mutual Cooperation Agreement of even date herewith, a copy of which is attached hereto as Exhibit D and incorporated herein by reference (the following: (i) “Cooperation Agreement”). In the event Lessee leases or subleases additional property from Lessor pursuant to the exercise of rights under the Cooperation Agreement or otherwise, Lessor and Lessee shall adjust the Base Rent payable by Tenant for to reflect the Premises for addition of coal reserves in accordance with the first (1st) full month provisions of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86)Cooperation Agreement. If any rental payment date (including the Lease Commencement Date with respect to In no event shall the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other be less than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days Base Rent established in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms first paragraph of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateSection 3.01.

Appears in 3 contracts

Samples: Mutual Cooperation Agreement, Surface Rights Lease (Ramaco Resources, Inc.), Surface Rights Lease (Ramaco Resources, Inc.)

Base Rent. Commencing on As of the Rent Commencement Date, Tenant shall paycovenants and agrees to timely pay without notice, without notice deduction, off-set or demand, abatement to the Landlord at the address set forth in Section 3 of the SummaryBuilding, or at such other place address as Landlord may from time to time designate notify Tenant of in writing, yearly and every year during the Term hereof, the Rent in currency or a check for currency which, at lawful money of the time of payment, United States. Base Rent is legal tender for private or public debts payable in the United States of America, base rent (“Base Rent”) as monthly installments set forth in Section 8 on the Lease Agreement Facing Page attached hereto; Additional Rent is payable pursuant to the terms of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary Paragraph 7 hereof. Rent is due and shall be paid in advance on or before the Rent Commencement Date and, thereafter, the first (1st) day of each and every month during the Lease Term, without term hereof. Rent is considered late and Tenant shall be in default if rent is received after 5:00 o’clock p.m. on the fifth (5th) day of the month. A penalty of fifty dollars ($50.00) per day will be assessed on any setoff sums due under the lease which are received after the fifth (5th) day of the month. In the event that Landlord is required to post a 3-day notice for non-payment of rent or deduction whatsoever. Concurrently with Tenant’s execution for any other breach of this the Lease, Tenant shall deliver pay to Landlord an amount equal to administrative fee of $475,149.74250.00 and attorneys fees of $250.00 (total of $500.00) together with any other sums due as an essential part of the cure of default. If the Term hereof commences on any day other than the first day or expires on any day other than the last day of the month, which amount Rent for the fraction of a month at the commencement and at the end of the Term shall be comprised adjusted pro rata on a per diem basis, and all succeeding installments of the following: (i) the Base Rent payable by Tenant for the Premises for shall be paid on the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar each month during which such fractional month occursthe term hereof. All other payments Should Tenant be in default, Landlord may collect $50.00 per day penalty under this provision or adjustments required to be made 18% interest under Paragraph 36, whichever is greater. Any rent check returned for insufficient funds shall constitute an event of default, and Tenant must cover said check with certified funds plus the terms of this Lease that require proration on a time basis shall be prorated on the same basispenalty contained herein. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateLandlord may also seek additional relief as provided by law.

Appears in 3 contracts

Samples: Lease Agreement Facing Page (Integral Systems Inc /Md/), Lease Agreement Facing Page (Integral Systems Inc /Md/), Lease Agreement (Integral Systems Inc /Md/)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever, except as expressly provided for herein. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following shall be paid at the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month time of the Lease Term (i.e., $91,597.86)Tenant's execution of this Lease. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s 's rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Tenant’s obligation Landlord hereby agrees to [***] Premises only). During such [***] period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the monthly Base Rent shall commence on that was [***] under the provisions of this Article 3; provided, however, that the recoverable amount of monthly Base Rent Commencement Datethat was [***] under this Article 3 shall, during each month during the initial Lease Term, be deemed reduced by an amount equal to [***] of such total amount of [***] monthly Base Rent. [***] Confidential portions of this document have been redacted and filed separately with the Commission.

Appears in 2 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Base Rent. Commencing Base Rent for the month in which the Rent Commencement Date occurs (or, if the Rent Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the Rent Commencement Date) and the Security Deposit shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. For the avoidance of doubt, Tenant shall not be required to pay Base Rent for the period commencing on the Commencement Date through the day immediately preceding the Rent Commencement Date. Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Rent Commencement Date, Tenant shall payin lawful money of the United States of America, without notice or demand, to Landlord at Tenant’s election either (i) at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing, in currency or a check (ii) via federally insured wire transfer (including ACH) pursuant to the wire instructions provided by Landlord. Payments of Base Rent for currency whichany fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, at the time of paymentreduce, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 of 5) due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything to the Summarycontrary contained in this Lease, payable so long as Tenant is not then in equal monthly installments Default (as set forth defined in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of 20) under this Lease, Tenant shall deliver not be required to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the pay Base Rent payable by Tenant for with respect to the Premises for the period commencing on the first (1st) full month day of the Lease Term 2nd full calendar month immediately following the Rent Commencement Date (i.e., $383,551.88); and (ii) through the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month last day of the Lease Term 7th full calendar month immediately following the Rent Commencement (i.e., $91,597.86the “Abatement Period”). If any rental payment date (including the Lease Commencement Date Tenant shall resume paying Base Rent with respect to the Base Rent or entire Premises on the Rent Commencement Date with respect to Estimated Expenses) falls on a day immediately following the expiration of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occursAbatement Period. All other payments or adjustments required to be made under the terms of this Net Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.Net Lease 9877 Xxxxxx/Cue - Page 4

Appears in 2 contracts

Samples: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 4.2 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For If there is a delay in Landlord’s delivery of possession of the avoidance Premises to Tenant which causes the Lease Commencement Date to be delayed, as provided for in Section 2.1 of doubtthe Lease, Tenant’s obligation for then Rent Commencement Date shall be moved to the payment of Base Rent shall commence on the Rent revised Lease Commencement Date.

Appears in 2 contracts

Samples: Lease (Biomarin Pharmaceutical Inc), Lease (Biomarin Pharmaceutical Inc)

Base Rent. Commencing on the Rent applicable Lease Commencement DateDate (as the same may be delayed by the express provisions of this Lease), as set forth in Section 3.2 of the Summary, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or by wire transfer to the address set forth in Section 3 11 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check or wire transfer for currency currency, which, at the time of payment, is legal tender for private or public debts in the United States of America, the applicable base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverwhatsoever except as expressly set forth elsewhere in this Lease. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to provide Landlord an amount equal to with $475,149.741,860,000.00 as payment for the Base Rent for the minimum size of the Phase I Premises for the first full month of the Lease Term, which amount shall be comprised adjusted to the actual amount of the following: (i) the Base Rent payable by Tenant for the Phase I Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month concurrently with Tenant’s delivery of the Lease Term (i.e., $91,597.86)Phase Designation Notice. If any rental Rent payment date (including the any Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

Base Rent. Commencing Base Rent in the amount of $42,750 and the Security Deposit shall be due and payable on the Rent Commencement Date, delivery of an executed copy of this Lease to Landlord. Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, in currency reduce, or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 of 5) due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything to the Summary, payable contrary contained in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver be required to Landlord an amount equal pay Base Rent in the per square foot amounts set forth in page 1 (i) with respect to $475,149.74, which amount shall be comprised only 15,000 rentable square feet of the following: Premises commencing on the Commencement Date and continuing through the expiration of the 18th month of the Base Term, and (ii) with respect to only 19,000 rentable square feet of the Premises commencing on the first day of the 19th month of the Base Term and continuing through the expiration of the 24th month of the Base Term. Tenant shall commence paying Base Rent with respect to the entire Premises on the first day of the 25th month of the Base Term. Notwithstanding anything to the contrary contained herein, so long as no monetary default by Tenant beyond applicable notice and cure periods is occurring as of the expiration of the term of that certain Lease Agreement between Tenant and XXX-00000 Xxxxx Xxxxxx Xxxxx, LLC, a Delaware limited liability, dated July 31, 2009 (as the same may have been or may in the future be amended, the “Other Lease”), Landlord shall provide Tenant with a credit in the amount of $221,336 (“Rent Credit”) toward Base Rent and Operating Expenses for the Premises first coming due during the Base Term. Tenant shall commence paying Base Rent and Operating Expenses for the Premises upon the earlier of (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month exhaustion of the Lease Term following the Rent Commencement Date (i.e.Credit, $383,551.88); and or (ii) the Estimated Expenses (as defined below) payable immediately following delivery of written notice from Landlord providing that a monetary default by Tenant for the Premises for the first (1st) full month beyond applicable notice and cure periods is occurring as of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day expiration of the month other than term of the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateOther Lease.

Appears in 2 contracts

Samples: Lease Agreement (Fate Therapeutics Inc), Lease Agreement (Fate Therapeutics Inc)

Base Rent. Commencing Tenant agrees to pay Landlord a total base rent ("Annual Base Rent") of Eight Hundred Eighty Three Thousand Two Hundred Three and No/100 Dollars ($833,203.00 ) payable in equal monthly installments ("Monthly Base Rent") of Seventy Three Thousand Six Hundred and 25/100 Dollars ($73,600.25) per month without any offset or deduction whatsoever. Monthly Base Rent shall be payable in advance on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at first day of each month during the address set forth in Section 3 term of the Summary, or at such other place as Landlord may from time to time designate in writingthis Lease, in currency or a check for currency which, at the time lawful money of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as and shall be made at the address of Landlord set forth in Section 8 of the Summary, payable in equal monthly installments above or elsewhere as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoeverdesignated by Landlord's written notice. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of If the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If shall commence on any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental Tenant shall pay Landlord, on said commencement date, rent as provided for any herein for such fractional commencement month shall be on a proportionate amount of a full calendar month’s rental pro rata basis calculated based on the proportion that the number of days in such fractional month bears to the actual number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under commencement month, and the terms Monthly Base Rent paid by Tenant, if any, upon execution of this Lease that require proration on a time basis shall be credited to the Monthly Base Rent due for the first full calendar month of the Lease Term. Rent for any such partial month of occupancy at the end of the term of this Lease will be prorated to be based on the same basisactual number of days in the partial month. For In addition to Monthly Base Rent, Tenant shall pay Landlord in advance on the avoidance first day of doubteach month, Tenant’s obligation a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed in connection with renting the Premises or upon the amount of rent collected therefor. Said amounts shall be treated and collectible as rent. Nothing herein shall be taken to require Tenant to pay any part of any Federal or State taxes imposed upon the income of Landlord. Tenant shall be required to pay Landlord interest on any rent due that remains unpaid for five (5) days after its due date. Said interest will be computed from the payment of due date at the maximum rate allowed by law. The Annual Base Rent and Monthly Base Rent due from Tenant shall commence on the Rent Commencement Datebe adjusted as provided elsewhere in this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Claires Stores Inc), Office Lease Agreement (BMS Distributing Corp.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 4.2 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writingby delivering written notice to Tenant at Tenant’s notice address as set forth herein, in currency or by a check or wire transfer for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary in this Lease, Tenant may at its election pay any Rent to Landlord by electronic transfer and Landlord shall provide Tenant with ACH information upon request from Tenant. Notwithstanding the foregoing or anything to the contrary herein, provided Tenant is not then in default under this Lease (beyond the expiration of doubtany applicable notice and cure period), Tenant shall not be obligated to pay fifty percent (50%) of the Base Rent and fifty percent (50%) of Tenant’s obligation for Share of Direct Expenses due under this Lease during months one (1) through twelve (12) of the payment of Base Rent initial Lease Term; provided, however, Tenant shall commence on be obligated upon the Rent Lease Commencement Date, and for all periods thereafter, to pay all other Additional Rent payable under this Lease including, without limitation, parking charges.

Appears in 2 contracts

Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74121,862.00, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.8899,926.84); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.8621,935.16). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and so long as Tenant is not then in default under this Lease (beyond the expiration of doubtall applicable notice and cure periods), Landlord hereby agrees to xxxxx Tenant’s obligation to pay Tenant’s monthly Base Rent for the second (2nd), third (3rd), fourth (4th) and fifth (5th) full months of the initial Lease Term (collectively the “Abated Rent”). During such abatement period, Tenant shall still be responsible for the payment of Base all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as a part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the unamortized amount of the Abated Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 2 contracts

Samples: Extension Option Rider (Applied Molecular Transport Inc.), Extension Option Rider (Applied Molecular Transport LLC)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, by ACH or to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with TenantXxxxxx’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74255,470.57, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first third (1st3rd) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88205,372.20); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.8650,098.37). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and so long as Tenant is not then in default under this Lease (beyond the expiration of doubtall applicable notice and cure periods), Landlord hereby agrees to xxxxx Xxxxxx’s obligation to pay one hundred percent (100%) of Tenant’s obligation monthly Base Rent during the period which is the first (1st) and second (2nd) full calendar months of the initial Lease Term (the “Abated Rent”). During such abatement period, Tenant shall still be responsible for the payment of Base all of its other monetary obligations under this Lease. In the event of a default by Xxxxxx under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the unamortized portion of the Abated Rent shall commence on that was abated under the Rent Commencement Date.provisions of this Article 3. 5 GENESIS 1900 ALAMEDA [BigHat Biosciences, Inc.] Execution Original

Appears in 2 contracts

Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)

Base Rent. The Security Deposit shall be due and payable on delivery of an executed copy of this Lease to Landlord. The first full calendar month’s Base Rent shall be due and payable on October 1, 2017. Commencing on the Rent Commencement Date, Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement (except as expressly provided in Section 4(a) below), deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing, in currency or a check . Payments of Base Rent for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before any fractional calendar month shall be prorated. If the Rent Commencement Date andis 000 Xxxxxx, thereafterXxxxxxxxx, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month MA/TCR2 Therapeutics Inc. - Page 6 other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental for any such fractional month shall be a proportionate amount of a difference between the first full calendar month’s rental based Base Rent paid on October 1, 2017 by Tenant to Landlord as required above, and the proportion that prorated Base Rent for the number of days in such fractional month bears in which the Rent Commencement Date occurs, shall be applied by Landlord to the number of days in the such first full calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on after the Rent Commencement Date. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any Rent (as defined in Section 5) due hereunder except for any abatement as may be expressly provided in this Lease.

Appears in 2 contracts

Samples: License Agreement (Tcr2 Therapeutics Inc.), License Agreement (Tcr2 Therapeutics Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth specified in Section 3 8.1 of the Summary, or or, at Landlord’s option, such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the a calendar month other than the first day of such calendar month or if any rental Rent payment is for a period which is shorter than one monthcalendar month (such as during the last month of the Lease Term), then the rental Rent for any such fractional calendar month shall be a the proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Landlord and Xxxxxx hereby agree that it is their intent that all Base Rent, Additional Rent and other rent and charges payable to the avoidance Landlord under this Lease (hereinafter individually and collectively referred to as “Rent”) shall qualify as “rents from real property” within the meaning of doubtSection 856(d) of the Internal Revenue Code of 1986, Tenant’s obligation as amended, (the “Code”) and the Department of the U.S. Treasury Regulations promulgated thereunder (the “Regulations”). Should the Code or the Regulations, or interpretations thereof by the Internal Revenue Service contained in revenue rulings or other similar public pronouncements, be changed so that any Rent no longer so qualifies as “rent from real property” for purposes of Section 856(d) of the payment of Base Code and the Regulations promulgated thereunder, such Rent shall commence on be adjusted in such manner as the Landlord may require so that it will so qualify; provided, however, that any adjustments required pursuant to this Section 3 shall be made so as to produce the equivalent (in economic terms) Rent Commencement Dateas payable prior to such adjustment. The parties agree to execute such further instrument as may reasonably be required by the Landlord in order to give effect to the foregoing provisions of this Section 3.

Appears in 2 contracts

Samples: Office Lease (Rocket Companies, Inc.), Office Lease (Rocket Companies, Inc.)

Base Rent. Commencing (a) The first month’s Base Rent and Security Deposit shall be due and payable on the Rent Commencement Date, delivery of an executed copy of this Lease to Landlord. Tenant shall pay, without notice or demand, pay to Landlord at in advance, monthly installments of Base Rent on or before the address set forth in Section 3 first day of each calendar month during the Summary, or at such other place as Landlord may from time to time designate in writingTerm hereof, in currency or a check for currency which, at the time lawful money of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as at the office or address of Landlord for payment of Rent set forth above. Notwithstanding the foregoing, Base Rent for the 6-month period commencing on the Commencement Date shall be adjusted to be $18,390.67 per month for such 6-month period, provided that Tenant is not in Section 8 Default hereunder, and after such 6-month period Base Rent shall be at the rate stated above in the Basic Lease Provisions, subject to adjustment each year on the Adjustment Date as provided below. Payments of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before Base Rent for any fractional calendar month shall be prorated. If the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month is other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental for any such fractional month shall be a proportionate amount of a difference between the first full calendar month’s rental based on Base Rent paid pursuant to the proportion that first sentence of this Section 3(a), and the number of days in such prorated Base Rent for the fractional month bears in which the Rent Commencement Date occurs, shall be applied by Landlord to the number of days in the first full calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on after the Rent Commencement Date. Except as expressly provided in Section 2 above or Section 15 below, Tenant shall have no right at any time to xxxxx, reduce, or set-off any Rent due hereunder. Base Rent shall be increased on each anniversary of the first day of the first full month during the Term of this Lease (each an “Adjustment Date”) by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as otherwise provided herein. Base Rent adjustments for any fractional calendar month shall be prorated.

Appears in 2 contracts

Samples: License Agreement (Eleven Biotherapeutics, Inc.), License Agreement (Eleven Biotherapeutics, Inc.)

Base Rent. Commencing on the Rent Commencement Date, 3.1. Tenant shall pay, without notice prior notice, demand, setoff or demanddeduction, to Landlord or Landlord’s agent at the address set forth in Section 3 10 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 9 of the Summary, payable in equal monthly installments as set forth in Section 8 9 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first (1st) day of each and every calendar month during the Lease Term, without any abatement, setoff or deduction whatsoever. Concurrently In accordance with Tenant’s execution of Section 29.25, this Lease, Article 3 shall be construed as though the covenants herein between Landlord and Tenant are independent and Tenant shall deliver not be entitled to any setoff of the Rent or other amounts owing to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the under this Article 3. The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following which occurs after the expiration of any free rent period (the “Initial Base Rent”) shall be paid on or before November 10, 2008 (the “Initial Base Rent Commencement Payment Date”). Notwithstanding anything to the contrary contained in this Lease, including without limitation, Section 19.1(a) below, Tenant’s failure to pay the Initial Base Rent on or before the Initial Base Rent Payment Date (i.e., $383,551.88); shall constitute a Default of Tenant without need for additional notice and (ii) opportunity to cure and interest shall accrue on any late payment of Initial Base Rent at the Estimated Expenses (as defined Default Rate without regard to any grace period provided under Section 25 below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be calculated on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/30th of the applicable monthly Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 2 contracts

Samples: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 10 of the Summary, payable in equal monthly installments as set forth in Section 8 10 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first (1st) day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full calendar month of the Lease Term following shall be deposited into escrow with the Rent Commencement Date (i.e., $383,551.88); and (ii) escrow holder for the Estimated Expenses Project Purchase (as defined belowin Section 29.34 of this Lease) payable concurrently with Xxxxxx’s execution of this Lease, with instructions acknowledged by said escrow holder that such prepaid Base Rent shall be promptly released to Tenant in the event this Lease is terminated by Tenant for as a result of the Premises for failure of Landlord to provide the SNDA as set forth in Section 29.34 of this Lease (and which prepaid Base Rent shall be released to Landlord upon Tenant’s receipt of the SNDA). If the Lease Commencement Date is not the first (1st) full day of a month, then Base Rent for the partial month commencing as of the Lease Commencement Date shall be prorated based upon the actual number of days in such month and shall be due and payable upon the Lease Commencement Date and the pre-paid rent shall be applied to the sixth (6th) month of the Lease Term (i.e., $91,597.86)Term. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first (1st) day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Subordination Agreement (GenMark Diagnostics, Inc.)

Base Rent. Commencing The annual base rent, which Sublessee hereby agrees to pay to Sublessor and Sublessor hereby agrees to accept shall be a sum equal to the product of twenty-Two Dollars ($22.00) multiplied by the number of rentable square feet (13,518), as certified pursuant to the Standard, in the Demised Premises (the "Base Rent"). The Base Rent shall be inclusive of Real Estate Taxes and all other Operating Costs (as such terms are defined in the Xxxxxxxxx). The obligation of Sublessee to pay Base Rent shall begin on the Sublease Commencement Date. The annual Base Rent payable during each Sublease Year, as hereinafter defined, shall be divided into twelve (12) equal monthly installments and such monthly installments shall be due and payable in advance, on the first day of each month during each Sublease Year. For the purposes of this Sublease, the term "Sublease Year" shall mean a period of twelve (12) consecutive months, commencing on the Sublease Commencement Date, Tenant and each successive twelve (12) June 1, 1997 Month period thereafter, except that, if the Sublease Commencement Date is a day other than the first day of a month, then the first Sublease Year shall pay, without notice or demand, to Landlord at commence on the address set forth in Section 3 Sublease Commencement Date and shall continue for the balance of the Summarymonth in which the Sublease Commencement Date occurs and for a period of twenve (12) consecutive calendar months after the last day of such month. If the Sublease Commencement Date is a day other than the first day of a month, then, in the first Sublease Year, said twelve (12) installments shall be payable beginning on the first day of the calendar month immediately following the month in which the Sublease Commencement Date occurs and, in additions, on the Sublease Commencement Date, a payment of Base Rent shall be payable in an amount equal to the product of the annual Base Rent then in effect and a fraction, the numerator of which is the number of days of the Sublease Term in the month in which the Sublease Commencement Date occurs, and the denominator of which is 365. The monthly Base Rent, Additional Rent (as defined herein), and any other charges herein reserved or payable shall be paid to Sublessor by wire transfer to the account of: Xxxxx Industries Inc, Account Number 3900-0965 Cititbank NY, ABA #000-000-000 with written confirmation of such transfer to the Sublessor at its offices at 00000 Xxxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attention: Mr. Ian McaNeill or at such other place as Landlord Sublessor may from time to time designate in writing, in currency or a check for currency which, at the time lawful money of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each without demand therefor and every month during the Lease Term, without any deduction, setoff or deduction whatsoeverabatement whatever, except as expressly provided in this Sublease. Concurrently with Tenant’s execution In the event that Sublessee does not remit any payment due under this Sublease to Sublessor within seven (7) calendar June 1, 1997 days of this Leasewhen it is due, Tenant shall deliver to Landlord an amount equal to $475,149.74, which such amount shall be comprised subject to a late fee of 5% of the following: (i) amount, and bear interest at 2% over the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateWall Street Journal Prime Rate until paid.

Appears in 1 contract

Samples: , 1997 Sublease Agreement (Psinet Inc)

Base Rent. Commencing (a) The first month’s Base Rent and Security Deposit shall be due and payable on the Rent Commencement Date, delivery of an executed copy of this Lease to Landlord. Tenant shall pay, without notice or demand, pay to Landlord at in advance, monthly installments of Base Rent on or before the address set forth in Section 3 first day of each calendar month during the Summary, or at such other place as Landlord may from time to time designate in writingTerm hereof, in currency or a check for currency which, at the time lawful money of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as at the office or address of Landlord for payment of Rent set forth in Section 8 above. Notwithstanding the foregoing, (i) Base Rent for months 1 through 6 of the SummaryBase Term shall be adjusted to $17,437.50 per month for such 6-month period, payable in equal monthly installments as set forth in Section 8 and (ii) Base Rent for months 7 through 12 of the Summary Base Term shall be adjusted to $34,875.00 per month for such 6-month period; provided that Tenant is not in advance on or before the Default hereunder. Payments of Base Rent Commencement Date and, thereafter, the first day of each and every for any fractional calendar month during the Lease Term, without any setoff or deduction whatsoevershall be prorated. Concurrently with Tenant’s execution of Except as expressly provided in this Lease, Tenant shall deliver have no right at any time to Landlord an amount equal to $475,149.74xxxxx, which amount shall be comprised of the following: (i) the Base reduce, or set-off any Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following due hereunder. If the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month is other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental for any such fractional month shall be a proportionate amount of a difference between the first full calendar month’s rental based on Base Rent paid pursuant to the proportion that first sentence of this Section 3(a), and the number of days in such prorated Base Rent for the fractional month bears in which the Rent Commencement Date occurs shall be applied by Landlord to the number of days in the first full calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on after the Rent Commencement Date. Base Rent shall increase to $63,363.73 per month commencing on the first anniversary of the Commencement Date. Commencing on the second anniversary of the Commencement Date, Base Rent shall be increased on each anniversary of the Commencement Date (each an “Adjustment Date”) by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as otherwise provided herein. Base Rent adjustments for any fractional calendar month shall be prorated.

Appears in 1 contract

Samples: License Agreement (Blueprint Medicines Corp)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Landlord hereby agrees to xxxxx Tenant’s obligation to pay Tenant’s monthly Base Rent for the second (2nd) and third (3rd) full months of the initial Lease Term. During such abatement period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as a part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the monthly Base Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Extension Option Rider (1st Pacific Bancorp)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord’s option, at such other WARNER CENTER TOWERS [Health Net, Inc.] Warner Center III\Health Net\JS\December 22, 2003 Initial Initial Initial Initial place as Landlord may from time to time designate in writingwriting (provided any such notice changing the place for payment is given to Tenant no later than fifteen (15) days prior to the next date that Base Rent is due), in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 6 of the Summary, payable in equal monthly installments as set forth in Section 8 6 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, commencing with respect to each floor of the Premises on the Lease Commencement Date therefor as set forth in Section 5.2 of the Summary, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of whatsoever (except as otherwise expressly set forth in this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

Base Rent. Commencing (a) The “Rent Commencement Date” shall mean, respectively, (x) for the Office Portion (other than the Expansion Space), the date that is six months after the Commencement Date for the Office Portion, (y) for the Lab Portion, the date that is five months after the Commencement Date for the Lab Portion, and (z) for the Expansion Space, the date that is eighteen (18) months after the Commencement Date for the Office Portion. Beginning on the Rent Commencement DateDate for the applicable Portion and/or Expansion Space, and on the first day of each month thereafter, the Tenant shall pay, without notice or demand, to pay the Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth installments, in Section 8 of advance, pursuant to the Summary in advance on or before following schedule: Period Annual Base Rent for the entire Premises* Annual Base Rent Per Rentable Square Foot Monthly Base Rent for the entire Premises* From the Rent Commencement Date and, thereafter, through the last day of the 42nd calendar month after the initial Commencement Date. $ 2,887,225.00 $ 25.00 $ 240,602.08 From the first day of each and every the 43rd calendar month during after the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution Commencement Date through the last day of the 78th calendar month after the initial Commencement Date $ 3,118,203.00 $ 27.00 $ 259,850.25 From the first day of the 79th calendar month after the initial Commencement Date through the expiration of the term of this LeaseLease $ 3,383,827.70 $ 29.30 $ 281,985.64 * In the event that the Office Portion (other than the Expansion Space), Tenant shall deliver to Landlord an amount equal to $475,149.74Lab Portion, which amount and Expansion Space Rent Commencement Dates do not occur on the same day, the Annual Base Rent and Monthly Base Rent shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the apportioned among such areas based on rentable square feet. If any Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month is other than the first day of the month, then, with respect to the partial month following such Rent Commencement Date, Tenant shall pay to Landlord on the applicable Rent Commencement Date a pro-rated share of the Base Rent that would have otherwise been payable for such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental (based on the proportion that the number of days remaining in such fractional month bears to the number of days in the calendar month during which month) had such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated Rent Commencement Date occurred on the same basis. For the avoidance first day of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datesuch month.

Appears in 1 contract

Samples: Lease (Mural Oncology PLC)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time lawful money of payment, is legal tender for private or public debts in the United States of AmericaAmerica by ACH (Automated Clearing House) payment or wire transfer of funds or by check, base rent ("Base Rent") as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever, except as expressly provided in this Lease. Concurrently with Tenant’s 's execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first seventh (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st7th) full month of the Lease Term (i.e., $91,597.86271,952.00). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s 's rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. If the Lease Commencement Date falls on the first day of a month, the Base Rent delivered on the Effective Date shall be credited towards the first month's Base Rent (as defined in Article 4 below) payments. If the Lease Commencement Date is not on the first day of a month, then, on the Lease Commencement Date, Tenant shall pay Base Rent for the period from the Lease Commencement Date through the last day of the month, and the Base Rent paid in advance on the Effective Date shall be credited towards Base Rent for the succeeding calendar month. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and so long as no Event of doubtDefault exists under this Lease (beyond the expiration of all applicable notice and cure periods), Landlord hereby agrees to xxxxx Tenant’s 's obligation to pay one hundred percent (100%) of Tenant's monthly Base Rent during the period which is the first (1st), second (2nd), third (3rd), fourth (4th), fifth (5th) and sixth (6th) full calendar months following the Lease Commencement Date (collectively the "Abated Rent"). During such abatement period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the unamortized amount of monthly Base Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Attornment Agreement (Janux Therapeutics, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 6 of the Summary, payable in equal monthly installments as set forth in Section 8 6 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or any deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first seventh (1st7th) full month of the Lease Term following shall be paid at the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable time of Tenant’s execution of this Lease by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86)certified or cashier’s check. If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be a proportionate amount of a full calendar month’s rental Rent based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For All payments received by Landlord from Tenant shall be applied, if Landlord elects in its sole discretion, to the avoidance of doubtoldest payment obligation owed by Tenant to Landlord, and no designation by Tenant’s obligation for the payment of Base Rent , either in a separate writing or on a check or money order, shall commence on the Rent Commencement Datemodify this clause or have any force or effect.

Appears in 1 contract

Samples: Office Lease (Doma Holdings, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall paypay Base Rent, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 Address for Payment of the SummaryRent, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency whichthat, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“. Base Rent”) as set forth in Section 8 of the Summary, Rent shall be payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month after the Commencement Date during the Lease Term, without any setoff or deduction whatsoeverwhatsoever (except to the extent otherwise expressly permitted hereunder). Concurrently with Notwithstanding the foregoing, Tenant shall pay the Amounts Due at Signing upon Tenant’s execution and delivery of this Lease. To the extent the Amounts Due at Signing include any Base Rent, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount such Base Rent shall be comprised applied commencing on the first full calendar month after the Commencement Date, unless the Commencement Date is the first day of the following: (i) the a calendar month, in which case such prepaid Base Rent payable by Tenant for shall be applied commencing on the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86)Date. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which that is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For If the avoidance of doubt, Tenant’s obligation Summary provides for the payment of any change in Base Rent shall commence by reference to years or months (without specifying particular dates), the change will take effect on the Rent applicable annual or monthly anniversary of the Commencement DateDate (which won’t necessarily be the first day of a calendar month).

Appears in 1 contract

Samples: Office Lease (Twilio Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, agrees to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base pay monthly rent (“Base Rent”"BASE RENT") as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term Term, together with any and all rental, sales or use taxes levied by any governmental body for the use or occupancy of the Premises and any rent or other charges payable hereunder in accordance with the following schedule: CALENDAR MONTHS MONTHLY BASE RENT --------------- ----------------- 1-2 Abated 3-14 $44,580.84 15-26 $46,339.25 27-38 $48,201.10 39-50 $50,166.38 51-62 $52,131.66 If the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment should be a date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental for any such fractional month first installment of Base Rent shall be prorated by multiplying the regular monthly installment of Base Rent by a proportionate amount fraction, the numerator of a full calendar month’s rental based on the proportion that which is the number of days in such fractional from the Commencement Date through the final day of the first calendar month bears to of the Term and the denominator of which is the total number of days in the calendar month during in which such fractional month the Commencement Date occurs. All other payments or adjustments required to be made under the terms of this In such event, Lease that require proration on a time basis shall be prorated Month 1 would commence on the same basisfirst day of the calendar month following the month in which the Commencement Date occurs. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on be paid without demand, set off or deduction to Landlord at P.O. Box 861945, Orlando, Florida 32886-1945 or such other address xx Xxxxxxxx xxxxxxx xx xxxxxxx. Xxxxxxxx xxall endeavor to deliver an invoice to Tenant each month setting forth the amount of Rent Commencement Dateto be paid by Tenant; provided, however, that Landlord's failure to deliver any such invoice to Tenant shall not excuse Tenant from its payment obligations under this Lease. Tenant shall deliver to Landlord, simultaneous with Tenant's execution and delivery to Landlord of this Lease, the sum of $71,939.62, representing one month's prepaid Base Rent plus one month's prepaid Operating Expenses plus sales tax ("PREPAID RENT"), which sum shall be applied to the first full calendar month of the Term that Rent is due and payable. Rent owed for the initial partial calendar month of the Term, if any, will be invoiced by Landlord and paid by Tenant with Tenant's next rent payment. Notwithstanding anything to the contrary contained in this Lease, provided this Lease is then in good standing and Tenant is not in default, Base Rent and Operating Expenses for the first two (2) full calendar months of the Term (the "FREE RENT PERIOD") shall be abated. The foregoing shall not alter Tenant's obligation to deliver all agreed Prepaid Rent to Landlord upon execution of this Lease, and such Prepaid Rent shall be applied to the first full calendar month of the Term following the month for which Rent is abated.

Appears in 1 contract

Samples: Lease Agreement (Aerobic Creations, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s 's execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first fourth (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st4th) full month of the Lease Term (i.e., Three Hundred Twenty-Seven Thousand One Hundred Fifty-Seven and 60/100 Dollars ($91,597.86327,157.60)). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s 's rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and so long as Tenant is not then in default under this Lease (beyond the expiration of doubtall applicable notice and cure periods), Landlord hereby agrees to xxxxx Tenant’s 's obligation to pay one hundred percent (100%) of Tenant's monthly Base Rent for the first three (3) full months of the initial Lease Term (the "Abated Rent"). During such abatement period, Tenant shall still be responsible for the payment of Base all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as a part of the recovery set 879352.05/SD374622-00001/3-28-19/MLT/bp -5- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the unamortized portion of the Abated Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Fluidigm Corp)

Base Rent. Commencing on the date (the ''Rent Commencement Date'') which is three (3) months following the Lease Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord's option, at such other place as Landlord may from time to time designate in writing, in currency or by a check (drawn on a bank having a branch office in Los Angeles, California) for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (''Base Rent'') as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance advance, on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, commencing on the Rent Commencement Date, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following which occurs after the Rent Commencement Date (i.e., $383,551.88); and (ii) expiration of any free rent period shall be paid at the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month time of the Lease Term (i.e., $91,597.86)Tenant's execution of this Lease. If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Terrn at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For 2. Initial Three Month Period. Tenant may occupy the avoidance of doubt, Tenant’s obligation Premises for the payment conduct of Base Rent shall commence on business after the Lease Commencement Date and prior to the Rent Commencement Date, and all of the provisions oftl1is Lease shall be in full force and effect upon such occupancy, except that no Base Rent or additional rent for Direct Expenses pursuant to Article 4 shall be payable for the Premises for the period prior to the Rent Commencement Date; provided, however, that Tenant shall pay any parking charges due hereunder for parking for such Premises and other sundry expenses due and payable hereunder as of the date that Tenant occupies the Premises, or any portion thereof, for the conduct of business. 4. Additional Rent. 1.

Appears in 1 contract

Samples: Office Lease (Allied Esports Entertainment, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant 3.1 In GeneralTenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverwhatsoever (except as may otherwise expressly permitted under this Lease). Concurrently with In the event that any invoice prepared by Landlord is inaccurate, such inaccuracy shall not constitute a waiver and Tenant shall be obligated to pay the amount set forth in this Lease. Acceptance of a payment which is less than the amount then due shall not be a waiver of Landlord’s rights to the balance of such Rent, regardless of Landlord’s endorsement of any check so stating. Payments will be applied first to accrued late charges, second to accrued interest as set forth in this Lease, then to Base Rent and Tenant’s Share of Direct Expenses, and any remaining amount to any other outstanding charges or costs. The Base Rent for the first full month of the Lease Term which occurs after the expiration of any “free rent” period shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base of Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate daily basis during such fractional month and shall total an amount equal to the product of (i) a full calendar month’s rental based on fraction, the proportion that numerator of which is the number of days in such fractional month bears to and the denominator of which is the actual number of days occurring in such calendar month, and (ii) the calendar month during which such fractional month occursthen-applicable monthly installment of Base Rent. All other payments or adjustments required to be made under the terms TCCs of this Lease that require proration on a time basis shall be prorated on the same basis. For Without limitation on other obligations of Tenant which shall survive the avoidance expiration of doubtthe Lease Term, Tenant’s obligation for the payment obligations of Tenant to pay the Base Rent during the Lease Term as provided for in this Article 3 shall commence on survive the Rent Commencement Dateexpiration and sooner termination of the Lease Term.

Appears in 1 contract

Samples: Lease (Athira Pharma, Inc.)

Base Rent. Commencing on Throughout the Rent Commencement DateLease Term, Tenant shall paypay Base Rent in the amount set forth above. Tenant promises to pay to Landlord in advance, without notice or demand, to Landlord at the address set forth in Section 3 of the Summarydeduction or set-off, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent and Additional Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during commencing on the Lease Term, without any setoff or deduction whatsoeverCommencement Date. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of If the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent commences or the Rent Commencement Date with respect to Estimated Expenses) falls expires on a day of the month date other than the first day or the last day of such month or if any rental payment is for a period which is shorter than one calendar month, respectively, then the rental Rent payable for any such fractional partial calendar month shall be a proportionate an amount equal to the monthly installment of a full calendar month’s rental based on the proportion that the number of days Rent otherwise then in such fractional month bears to effect, divided by the number of days in the full calendar month during which such fractional the Lease Term commences or expires, respectively, and multiplied by the number of days in the partial calendar month occursafter and including the Commencement Date or before and including the date of expiration, respectively, and provided further that the Rent for any partial calendar month at the commencement of the Initial Lease Term shall be payable on the first day of the first full calendar month during the Lease Term. All sums, liabilities, obligations and other payments or adjustments amounts which Tenant is required to be made under the terms of pay or discharge pursuant to this Lease that require proration on a time basis in addition to Base Rent, including without limitation assessments or common area maintenance charges due and payable to any applicable ownership associations, together with any interest, penalty, or other sum which may be added for late payment thereof, shall be prorated constitute additional rent hereunder (herein called “Additional Rent”). In the event of any failure on the same basis. For part of Tenant to pay or discharge any of the avoidance foregoing, Landlord shall have all rights, powers and remedies provided for herein (or by law or equity or otherwise) in the case of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.nonpayment of

Appears in 1 contract

Samples: Lease (Blue Rhino Corp)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, pay to Landlord at the address office of Landlord set forth in Section 3 of the Summaryabove, or at such other place as Landlord may from time to time designate in writing, the annual sum stated in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent Exhibit B attached hereto (such annual sum being hereinafter referred to as “Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary installments, each in advance on or before the first (1st) day of each and every calendar month during the Term, without any set off or deduction whatsoever. If the Term commences other than on the first (1st) day of a calendar month or ends other than on the last day of the calendar month, the Base Rent Commencement Date andfor such month shall be prorated (with payment for the fractional month at the start of the Term being due on the date the Term commences in a pro rated amount equal to the sum set forth for month one (1) and with month one (1) as provided in Exhibit B referring to the first full month). Tenant hereby delivers to Landlord the Prepaid Base Rent (as defined in Exhibit B attached hereto) to be held by Landlord and applied towards the first installment of Base Rent payable under this Lease (except as otherwise provided in Exhibit B). If any payment or installment of Rent shall not be received by Landlord within five (5) days of the date due then, thereafterin addition to all other rights and remedies to which Landlord is entitled, Tenant shall also be responsible for and shall immediately pay Landlord, as Additional Rent, a service charge equal to the greater of (i) a sum equal to two percent (2%) of the amount which is past due or (ii) seventy five dollars ($75.00), for the administrative expenses Landlord incurs as a result of the late payment. In addition to Base Rent, Tenant also agrees to pay to Landlord on the first day of each calendar month (and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently together with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount each such payment) a sum equal to $475,149.74any sales tax, which use tax, tax on rentals, and any other governmental charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the Demised Premises and/or upon the amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses “Rent” (as defined below) payable by collected therefor. Tenant shall also be responsible for and shall pay before delinquency all municipal, county or state taxes assessed during the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on against any occupancy interest or personal property of any kind, owned by or placed in, upon or about the same basis. For the avoidance of doubt, Demised Premises by Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Clayton Holdings Inc)

Base Rent. Commencing Base Rent for the month in which the Commencement Date occurs (or, if the Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the Commencement Date) and the Security Deposit shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. Base Rent for the month in which the 47 Wxxxxxx Premises Rent Commencement Date occurs (or, if the 47 Wxxxxxx Premises Rent Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the 47 Wxxxxxx Premises Rent Commencement Date, ) shall be due and payable on the 47 Wxxxxx Premises Commencement Date. Tenant shall paypay to Landlord in advance, without notice or demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Commencement Date with respect to Landlord the 45 Wxxxxxx Premises and after the 47 Wxxxxxx Premises Rent Commencement Date with respect to the 47 Wiggins Premises, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing, in currency or a check via federally insured wire transfer (including ACH) pursuant to the wire instructions provided by Landlord. Payments of Base Rent for currency which, at any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the time obligations of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Landlord under this Lease Term, without any setoff or deduction whatsoeverare independent obligations. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver have no right at any time to Landlord an amount equal to $475,149.74axxxx, which amount shall be comprised of the following: (i) the Base reduce, or set-off any Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined belowin Section 5) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental due hereunder except for any such fractional month shall abatement as may be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days expressly provided in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateLease.

Appears in 1 contract

Samples: Lease Agreement (Stoke Therapeutics, Inc.)

Base Rent. Commencing on From and after the Rent Lease Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of AmericaAmerica or by Automated Clearing House (but only for so long as Landlord has agreed to accept payments by Automated Clearing House), base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of whatsoever except as expressly set forth in this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the . The Base Rent payable by Tenant for the initial Premises for the first (1st) full month of the Lease Term following which occurs after the expiration of the Rent Commencement Date Abatement Period (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined in Section 3.2 below) payable by Tenant for shall be paid at the Premises for the first (1st) full month time of the Tenant’s execution of this Lease Term (i.e., $91,597.86)except as expressly set forth herein. If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (Airbnb, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord's option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 4 of the Summary, payable Summary in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of whatsoever (except as expressly provided in this Lease). Notwithstanding the foregoing, Tenant the inclusion of SMB Rent as Base Rent in Section 4 is limited to the initial Lease Term (and any holdover period), and shall deliver to Landlord an amount equal to $475,149.74, which amount shall not be comprised included in the calculation of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86)during any Option Term. If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding the avoidance foregoing, as long as no Event of doubtDefault exists under the Initial Lease as of the Lease Commencement Date, Tenant’s obligation Base Rent payable by Tenant for the payment first partial month of Base Rent the Lease Term pursuant to this Article 3 shall commence on be fully satisfied by Landlord's application (pursuant to Section 2.3, above) of the Rent Commencement Datebase rent paid by Tenant for the last calendar month of the Initial Lease, as hereby terminated.

Appears in 1 contract

Samples: Sorrento Summit (Nuvasive Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject or, or at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of whatsoever except as otherwise provided in this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74including without limitation, which amount shall be comprised of the following: (i) the Base Rent payable by Credit to be provided to Tenant to apply against Base Rent as provided in Exhibit B. The Base Rent for the Premises for the first (1st) full month 33 of the Lease Term following shall be paid upon the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86)Date. If any rental Base Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Base Rent is for a period which is shorter than one month, then the rental Base Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Base Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.XXXXXXXXX XXXXXX XXXXXXXX I [Epicor Software Corporation] ARTICLE 4

Appears in 1 contract

Samples: And Attornment Agreement (Epicor Software Corp)

Base Rent. Commencing on Tenant agrees to pay to Landlord the Base Rent Commencement Date, Tenant shall payset forth in the Basic Lease Information, without prior notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenantexcept that Base Rent for the first full calendar month in which Base Rent is payable shall be paid upon Txxxxx’s execution of this Lease and Base Rent for any partial month at the beginning of the Term shall be paid on the Commencement Date. Base Rent for any partial month at the beginning or end of the Term shall be prorated based on the actual number of days in the month. If the Basic Lease Information provides for any change in Base Rent by reference to years or months (without specifying particular dates), the change will take effect on the applicable annual or monthly anniversary of the Commencement Date (which might not be the first day of a calendar month). Notwithstanding anything in this Lease to the contrary, so long as Tenant is not in default beyond applicable cure periods under this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (ia) the Base Rent payable by Tenant for the Premises for during the first (1st) through sixth (6th) full month months of the Lease Term following initial Term, Tenant shall be entitled to an abatement of (i) Base Rent with respect to the Rent Commencement Date (i.e.Premises in the amount of $313,036.55 per month, $383,551.88); and (ii) Tenant’s Share of Operating Costs and Taxes, and (b) during the Estimated Expenses seventh (as defined below7th) payable by Tenant for the Premises for the first through twelfth (1st12th) full month months of the Lease Term initial Term, an abatement of (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date i) Base Rent with respect to the Premises in the amount of $156,518.30 per month, and (ii) fifty percent (50%) of Tenant’s Share of Operating Costs and Taxes ((a) and (b) above, collectively, the “Abated Rent”). If Tenant defaults under this Lease at any time during the Term and fails to cure such default within any applicable cure period under this Lease, then all Abated Rent shall immediately become due and payable. The payment by Tenant of the Abated Rent in the event of a default shall not limit or affect any of Landlord's other rights, pursuant to this Lease or at law or in equity. Only Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day and Txxxxx’s Share of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month Operating Costs and Taxes shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days abated pursuant to this Section, as more particularly described herein, and all other Rent and other costs and charges specified in such fractional month bears this Lease shall remain as due and payable pursuant to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms provisions of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateLease.

Appears in 1 contract

Samples: Lease Agreement (Corsair Gaming, Inc.)

Base Rent. Commencing on (a) During the Original Lease Term and each Renewal Term, if applicable, Tenant shall pay to Landlord annual fixed rent (the "Annual Base Rent") in an amount equal to the Fair Market Rent (as hereinafter defined) as of the date (the "Rent Appraisal Date") which is not less than sixty (60) days prior to (i) the Commencement Date, Tenant with respect to the Original Lease Term, (ii) the commencement of the First Renewal Term, with respect to the First Renewal Term, and (iii) the commencement of the Second Renewal Term, with respect to the Second Renewal Term. The Annual Base Rent shall paybe payable in monthly installments, in advance, on the first day of each and every calendar month during the Lease Term and each Renewal Term, if applicable, without notice or demanddemand and without any set-off, to Landlord abatement or deduction whatsoever, at the address set forth office of Landlord stated in Section 3 of the Summary1, or at such other place as Landlord may designate from time to time designate in writing, in currency or a check for currency which, . The first monthly installment of Annual Base Rent shall be due and payable at the time of payment, is legal tender for private or public debts the execution of this Lease. Such first monthly installment of Annual Base Rent shall be in the United States of America, base rent (“Base Rent”) as set forth in Section 8 amount due for the first month of the Summary, payable in equal Original Lease Term. The first monthly installments as set forth in Section 8 installment of the Summary in advance on or before the Annual Base Rent Commencement Date and, thereafter, shall be credited by Landlord against the first day monthly installment of each and every month Annual Base Rent due during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of If the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls shall commence on a day of the month other than the first day of such month a calendar month, or if any rental payment is for shall end on other than the last day of a period which is shorter than one calendar month, then the rental monthly installment of Annual Base Rent due for any such fractional partial month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datepro-rated.

Appears in 1 contract

Samples: And Option Agreement (Ha Lo Industries Inc)

Base Rent. Commencing Tenant shall pay to Landlord in lawful United States currency the Base Rent. All Base Rent shall be payable in equal monthly installments, in advance, beginning on the Rent Commencement Date, and continuing on the first day of each and every calendar month thereafter during the Lease Term. Should the Commencement Date fall on a day other than the first day of the month, then Tenant shall paypay Rent for the fractional month commencing on the Commencement Date and ending on the last day of the month in which the Commencement Date occurs on a per diem basis (calculated on the basis of a thirty-day month), payable upon occupancy of the Premises by Tenant. The Rent payment due under this Lease for any other fractional month shall likewise be calculated and paid on such a per diem basis. All Rent, Additional Rent, and other payments to Landlord under this Lease shall be paid to Landlord, without notice or demand, to Landlord at the address set forth setoff, or deduction whatsoever, except as specifically provided in Section 3 of the Summarythis Lease, at: Highwoods/Florida Holdings, L.P., X.X. Xxx 000000 Xxxxxxx, Xxxxxxx 00000-0000 Attn: Bay Vista Gardens II or at such other place as Landlord may from time to time shall designate in writing, in currency or a check for currency which, at writing to Tenant. Tenant’s obligations to pay Rent and other amounts due under this Lease are covenants independent of the time of payment, is legal tender for private or public debts Landlord’s obligations under this Lease. One month’s rent plus applicable sales tax in the United States amount of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, $14,043.75 is due and payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with by Tenant to Landlord upon Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Commencement Agreement and Lease (Digital Lightwave Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s 's execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86226,166.40). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s 's rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and so long as Tenant is not then in default under this Lease (beyond the expiration of doubtall applicable notice and cure periods), Landlord hereby agrees (i) to xxxxx Tenant’s 's obligation to pay one hundred percent (100%) of Tenant's monthly Base Rent for the Fourth Floor Premises for the first twelve (12) full months of the initial Lease Term, and (ii) to xxxxx Tenant's obligation to pay fifty percent (50%) 843078.08/SD374622-00033/8-4-16/MLT/dek -6- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] of Tenant's monthly Base Rent for the Third Floor Premises for the first twelve (12) full months of the initial Lease Term (collectively the "Abated Rent"). During such abatement period, Tenant shall still be responsible for the payment of Base all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as a part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the unamortized amount of the Abated Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Basic Lease Information (Achaogen Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 management office of the SummaryBuilding Complex, or or, at Landlord’s option, such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (( “Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with The Base Rent for the first full calendar month of the Lease Term which occurs after the expiration of any free rent period shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the a calendar month other than the first day of such calendar month or if any rental Rent payment is for a period which is shorter than one monthcalendar month (such as during the last month of the Lease Term), then the rental Rent for any such fractional calendar month shall be a the proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Provided Tenant is not in default under the avoidance terms of doubtthis Lease beyond any applicable cure periods, Landlord conditionally agrees that Tenant’s obligation to pay Base Rent shall be abated during the second (2nd) and the third (3rd) full calendar months of the initial Lease Term (collectively, the “Abatement Months”). The total amount of Base Rent abated pursuant to the immediately preceding sentence is hereafter referred to collectively as the “Abated Rent”. During the Abatement Months, Tenant will still be responsible for the payment of Base all other monetary obligations under this Lease. The Abated Rent shall commence on only be granted provided Tenant is not in default under this Lease beyond any applicable notice and cure period. Tenant acknowledges that any default by Tenant under this Lease will cause Landlord to incur costs not contemplated hereunder, the exact amount of such costs being extremely difficult and impracticable to ascertain. Therefore, should Tenant at any time during the Lease Term be in default after having been given notice and opportunity to cure, and as a result of such uncured default Landlord elects to terminate this Lease, then the total amount of such Abated Rent Commencement Dateso conditionally excused shall become immediately due and payable by Tenant to Landlord and any remaining Abated Rent shall no longer be available to Tenant as a rent credit from the date of such default. Tenant acknowledges and agrees that nothing in this subsection is intended to limit any other remedies available to Landlord at law or in equity under applicable law in the event Tenant defaults under this Lease beyond any applicable notice and cure period.

Appears in 1 contract

Samples: Office Lease (Nabriva Therapeutics PLC)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 of management office for the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency cash or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of Americaother immediately available good funds, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month starting on the Rent Commencement Date and continuing during the remainder of the Lease Term, without any setoff or deduction whatsoever. Concurrently with The Base Rent and Additional Rent for the first full month and partial month of the Lease Term in which Base Rent is payable hereunder shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding the avoidance preceding provisions of doubtthis Article 3 to the contrary, provided that Tenant is not in default under this Lease, the Base Rent due for the last full calendar month of the Lease Term (the “Rent Abatement Period”) shall be fully abated (the “Abated Rent”). Tenant shall be required to pay Tenant’s obligation for Share of Operating Expenses, Tax Expenses, and Utilities Costs due pursuant to the payment terms of Base this Lease during the Rent Abatement Period. Furthermore, if a material default beyond any notice and cure period by Tenant shall occur during the Rent Abatement Period, the Abated Rent shall commence on the Rent Commencement Datebe immediately due and payable.

Appears in 1 contract

Samples: Atlas Crest Investment Corp.

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the SummarySummary (and subject to the three percent (3%) annual increases set forth therein), payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of Notwithstanding anything to the contrary in this Lease, Tenant may at its election pay any Rent to Landlord by electronic transfer and Landlord agrees to provide ACH information to Tenant. No later than three (3) business days after the Lease Commencement Date, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86706,024.00). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occursoccurs (and if the Lease Commencement Date falls on a day of a month other than the first day of such month, then the excess Base Rent paid by Tenant for such calendar month shall be credited against Base Rent for the next calendar month. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Extension Option Rider (Fate Therapeutics Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, pay Base Rent to Landlord at throughout the address set forth in Section 3 Term of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) this Lease as set forth herein. All Base Rent shall be paid to Landlord in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during throughout the Term of this Lease; provided, however, that (a) the installment of Suite A-1 Base Rent applicable to the first (1st) full calendar month of the Suite A-1 Period shall be payable upon Tenant's execution of this Lease; (b) if the Term of this Lease Termdoes not commence on the first day of a calendar month, without the initial level of Suite A-1 Base Rent payable with respect to the first full calendar month of the Term shall (i) be calculated on a per diem basis determined by dividing the initial monthly Suite A-1 Base Rent [i.e., [*****]] by the total number of calendar days in such first full calendar month and multiplying such amount by the number of days occurring in such first full calendar month from and including the Commencement Date (A), and (ii) be paid by Tenant to Landlord on the Commencement Date (A); and (c) if the Suite B-1 Period does not commence on the first day of a calendar month, the initial level of Suite B-1 Base Rent payable with respect to the first (1st) full calendar month of the Suite B-1 Period shall (i) be calculated on a per diem basis determined by dividing the initial monthly Suite B-1 Base Rent [i.e., [*****]] by the total number of calendar days in the calendar month in which Commencement Date (B) occurs, and multiplying such amount by the number of days occurring in such calendar month from and including the Commencement Date (B), and (ii) be paid by Tenant to Landlord on the Commencement Date (B). Except as set forth in this Section 3.1, Tenant shall not pay any setoff or deduction whatsoeverinstallment of Rent more than one (1) month in advance. Concurrently with Tenant’s execution For avoidance of doubt, if Tenant is entitled to any credits against Rent for a particular Tenant Space under the terms and provisions of this Lease, Tenant shall deliver have the right to Landlord an amount equal to $475,149.74, which amount shall be comprised deduct such credited amounts against the next payment(s) of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect related to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateapplicable Tenant Space due and payable hereunder.

Appears in 1 contract

Samples: Datacenter Lease (Rackspace Hosting, Inc.)

Base Rent. Commencing Tenant shall pay to Landlord the Base Rent set forth in Section 1.14, without offset or deduction commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Date and thereafter on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoevercalendar month. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: So long as (i) the Base Rent payable by Tenant for the Premises for the first (1st) this Lease shall be in full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); force and effect and (ii) there shall exist no Event of Default on the Estimated Expenses part of Tenant (as defined belownor any event or circumstance which, with the passage of time or the giving of notice, or both, would constitute an Event of Default), Landlord will waive payment of Base Rent (but not Additional Rent, utility charges or any other amounts due or payable hereunder) payable by Tenant on 4,815 rentable square feet of Premises Area for the period commencing on the Commencement Date and expiring on the 365th day following the Commencement Date (e.g. Tenant shall only be responsible during such period for Base Rent on 15,000 rentable square feet of Premises for the first Area (1st) full month of the Lease Term (i.e., 19,815 r.s.f. - 4,815 r.s.f. = 15,000 r.s.f. x $91,597.8627.00/r.s.f./annum = $405,000/year or $33,750/month)). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than is not the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental for any such fractional partial month shall will be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears added to the number first full twelve months of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubtTerm, Tenant’s obligation for the payment of and Base Rent shall commence on the Commencement Date and shall be payable for the remainder of the partial month at the rate set forth in Section 1.14 for such period. Base Rent Commencement Datefor any period during the term hereof which is for less than one month shall be prorated based upon the actual number of days of the calendar month involved. Base Rent and all other amounts payable to Landlord hereunder shall be payable to Landlord in lawful money of the United States, and Tenant shall be responsible for delivering said amounts to Landlord at the address stated herein or to such other person or to such other place in the continental United States as Landlord may designate in writing. Landlord and Tenant agree that all amounts due from Tenant under or in respect of this Lease, whether labeled Base Rent, additional rent, additional charges or otherwise, shall be considered as rental reserved under this Lease for all purposes, including without limitation regulations promulgated pursuant to the Bankruptcy Code, and including further without limitation Section 502(b) thereof.

Appears in 1 contract

Samples: Nitromed Inc

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on On or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) lease term, Lessee will pay to Lessor the Base Rent payable by Tenant for such month. Monthly rent for the Premises for the first (1st) full initial partial month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); lease term will be prorated. All sums and (ii) the Estimated Expenses (as defined below) other charges payable by Tenant for the Premises for the first (1st) full month of the Lessee to Lessor in this Commercial Lease Term (i.e., $91,597.86)Agreement will be deemed rent. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent and all other amounts required to be paid by Lessee will be paid without deduction or offset and without prior notice or demand. All such amounts shall be paid to Lessor at the Rent Commencement Date with respect address designated above, and will be treated as paid upon receipt by Lessor. Additional Rent. In addition to Estimated Expenses) falls Base Rent, Lessee will also pay on a day of the month other than or before the first day of such each month of the lease term the proportional share of operating expenses for the prior calendar month as reflected on monthly operating expense statements sent by Lessor to Lessee on or if about the 10thday of each month. This additional rent will be calculated using the total operating expenses multiplied by the proportionate share of the building or project as identified above. Copies of the invoices underlying monthly operating expenses are available for review by the Lessee upon reasonable advance request at the office of Lessor during regular business hours. Late Charges and Returned Item Charges. If any rental payment sums payable by Lessee to Lessor is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based not received by Lessor on the proportion that the number of days in such fractional month bears date due, Lessee shall pay a late charge equal to the number greater of days (a) [LATE CHARGE], or (b) 10% or the highest per annum rate of interest permitted under applicable Law (whichever is less) of the then delinquent amount. A [RETURNED CHECK CHARGE] handling fee will be paid to Lessor by Xxxxxx for each bank returned check. Lessor retains the right, in the calendar month during which such fractional month occursevent of one or more instances of returned checks, to require Lessee to make all future payments to Lessor by wire or electronic transfer, cashier’s check or by an automatic payment from Xxxxxx’s bank account to Lessor’s account, in each case without cost to Lessor. All other payments The acceptance of late charges and returned check charges by Xxxxxx does not act as a waiver of any rights or adjustments required to be made under the terms remedies of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateLessor.

Appears in 1 contract

Samples: Commercial Lease Agreement

Base Rent. Commencing on the Rent Lease Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord's option, at such other place as Landlord may from time to time designate in writing, at least thirty (30) days prior to the effective date of the change in currency or the rent payment address, by notice to Tenant in accordance with the provisions of Article 28 of this Lease by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of AmericaAmerica or by Automated Clearing House (but only for so long as Landlord has agreed to accept payments by Automated Clearing House), base rent ("Base Rent") as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverwhatsoever except as may be expressly set forth herein. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following shall be paid at the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month time of the Lease Term (i.e., $91,597.86)Tenant's execution of this Lease. If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (Penumbra Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e.or if the first full month of the Lease Term is within a free rent period, $91,597.86)then the Base Rent for the first full month which occurs after the expiration of any free rent period) shall be paid at the time of Tenant’s execution of this Lease. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Landlord hereby agrees to xxxxx Tenant’s obligation to pay monthly Base Rent for the first (1st) two (2) full calendar months of the initial Lease Term. During such abatement periods, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Section 19.2 of this Lease, then as a part of the recovery set forth in Section 19.2.1 of this Lease, Landlord shall be entitled to the recovery of the monthly Base Rent shall commence on abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Office Lease (Capitol Investment Corp. V)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time monthly installments of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution Notwithstanding anything to the contrary contained herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, Tenant shall deliver Landlord hereby agrees to Landlord an amount equal xxxxx Tenant’s obligation to $475,149.74, which amount shall be comprised of the following: (i) the pay monthly Base Rent payable by Tenant for the Premises and Additional Rent for the first five (1st5) full months plus the first two (2) weeks of month six (6) of the initial Lease Term following Term. During such abatement periods, Tenant shall still be responsible for the Rent Commencement Date (i.e., $383,551.88); and (ii) payment of all of its other monetary obligations under this Lease. In the Estimated Expenses (as defined below) payable event of a default by Tenant for under the Premises terms of this Lease that results in early termination pursuant to the provisions of Section 19.1 of this Lease, then as a part of the recovery set forth in Section 20 of this Lease, Landlord shall be entitled to the recovery of the monthly Base Rent abated under the provisions of this Article 3. The Base Rent for the first (1st) full month of the Lease Term (i.e.or if the first full month of the Lease Term is within a free rent period, $91,597.86)then the Base Rent for the first full month which occurs after the expiration of any free rent period) shall be paid at the time of Tenant’s execution of this Lease. If any rental or other payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental or other payment is for a period which is shorter than one month, then the rental or other payment for any such fractional month shall be a proportionate amount of a full calendar month’s rental or other payment based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (Planar Systems Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently In addition to the Security Deposit, concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to Forty-One Thousand Sixteen and 90/100 Dollars ($475,149.7441,016.90), which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., Thirty-Two Thousand Two Hundred Eighty Nine and 90/100 Dollars ($383,551.8832,289.90); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., Eight Thousand Seven Hundred Twenty-Seven Dollars ($91,597.868,727.00)). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Landlord hereby agrees to xxxxx Tenant’s obligation to pay fifty percent (50%) of Tenant’s monthly Base Rent for the second (2nd), third (3rd), fourth (4th), fifth (5th), sixth (6th), and seventh (7th), full months of the initial Lease Term. In the event that Tenant does not exercise its termination right in Section 2.2 above, then Landlord further agrees to xxxxx fifty percent (50%) of Tenant’s Monthly Base Rent for the thirty-seventh (37th), thirty-eighth (38th), thirty-ninth (39th) and fortieth (40th) full months of the initial Lease Term (all such abated monthly Base Rent collectively, the “Abated Rent”). During such abatement period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of a material default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as a part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the monthly Base Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Extension Option Rider (Turning Point Therapeutics, Inc.)

Base Rent. Commencing on Throughout the Rent Commencement DateLease Term, Tenant shall paypay Base Rent in the amount set forth above. Tenant promises to pay to Landlord in advance, without notice or demand, to Landlord at the address set forth in Section 3 of the Summarydeduction or set-off, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent and Additional Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during commencing on the Lease Term, without any setoff or deduction whatsoeverCommencement Date. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of If the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent commences or the Rent Commencement Date with respect to Estimated Expenses) falls expires on a day of the month date other than the first day or the last day of such month or if any rental payment is for a period which is shorter than one calendar month, respectively, then the rental Rent payable for any such fractional partial calendar month shall be a proportionate an amount equal to the monthly installment of a full calendar month’s rental based on the proportion that the number of days Rent otherwise then in such fractional month bears to effect, divided by the number of days in the full calendar month during which such fractional the Lease Term commences or expires, respectively, and multiplied by the number of days in the partial calendar month occursafter and including the Commencement Date or before and including the date of expiration, respectively, and provided further that the Rent for any partial calendar month at the commencement of the Initial Lease Term shall be payable on the first day of the first full calendar month during the Lease Term. All sums, liabilities, obligations and other payments or adjustments amounts which Tenant is required to be made under the terms of pay or discharge pursuant to this Lease that require proration on a time basis in addition to Base Rent, including without limitation assessments or common area maintenance charges due and payable to any applicable ownership associations, together with any interest, penalty, or other sum which may be added for late payment thereof, shall be prorated constitute additional rent hereunder (herein called "Additional Rent"). In the event of any failure on the same basis. For part of Tenant to pay or discharge any of the avoidance foregoing, Landlord shall have all rights, powers and remedies provided for herein (or by law or equity or otherwise) in the case of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.nonpayment of

Appears in 1 contract

Samples: Lease (Blue Rhino Corp)

Base Rent. The first month’s Base Rent (i.e., the Base Rent due for the first full month following the Base Rent Commencement Date) and the Security Deposit shall be due and payable on delivery of an executed copy of this Lease to Landlord. Commencing on the Base Rent Commencement Date, Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing. Payments of Base Building 1 (AOTC) / Kymera Therapeutics, Inc. - Page 6 Exhibit 10.13 Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any Rent (as defined in currency or a check Section 5) due hereunder except for currency which, at any abatement as may be expressly provided in this Lease. In addition to the time of payment, is legal tender for private or public debts Tenant Improvement Allowance (as defined in the United States of AmericaWork Letter), base rent (“Base Rent”) as set forth Landlord shall, if Tenant so requests in Section 8 writing and subject to the terms of the SummaryWork Letter, payable make available to Tenant the Supplemental Tenant Improvement Allowance (as defined in equal monthly installments as set forth in Section 8 of the Summary in advance Work Letter). Commencing on or before the Rent Commencement Date and, thereafter, and continuing thereafter on the first day of each and every month during the Lease Base Term, without any setoff Tenant shall pay the amount necessary to fully amortize the portion of the Supplemental Tenant Improvement Allowance actually funded by Landlord, if any, as Additional Rent in equal monthly payments with interest at a rate of 8% per annum over the Base Term, which interest shall begin to accrue on the Commencement Date. Any of the Supplemental Tenant Improvement Allowance and applicable interest remaining unpaid as of the expiration or deduction whatsoever. Concurrently with Tenant’s execution earlier termination of the Lease shall be paid to Landlord in a lump sum at the expiration or earlier termination of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Kymera Therapeutics, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice prior notice, demand, setoff or demanddeduction, to Landlord or Landlord’s agent at the address set forth in Section 3 10 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 9 of the Summary, payable in equal monthly installments as set forth in Section 8 9 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first (1st) day of each and every calendar month during the Lease Term, without any abatement, setoff or deduction whatsoever. Concurrently In accordance with Section 29.25, this Article 3 shall be construed as though the covenants herein between Landlord and Tenant are independent and Tenant shall not be entitled to any setoff of the Rent or other amounts owing to Landlord under this Article 3. The Base Rent for the first full month of the Lease Term which occurs after the expiration of any free rent period shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be calculated on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/30th of the applicable monthly Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (Midwest Banc Holdings Inc)

Base Rent. Commencing Base Rent for the month in which the Rent Commencement Date occurs shall be due and payable on or before the Rent Commencement Date. Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Rent Commencement Date, Tenant shall payin lawful money of the United States of America, without notice or demand, to Landlord at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any Rent (as defined in Section 5) due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything Net Lease 10151 Xxxxxx Canyon/Tandem - Page 4 to the contrary contained in this Lease, in currency no event shall Tenant be required to pay for Base Rent or a check Operating Expenses for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before any period prior to the Rent Commencement Date andDate. Notwithstanding anything to the contrary contained herein, thereafter, the first day of each so long as no Default has occurred and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of is continuing under this Lease, Tenant shall deliver not be required to Landlord an amount equal pay Base Rent with respect to $475,149.74, which amount shall be comprised the Premises for the period commencing on the later of the following: (i) the Base Rent payable by Tenant for Commencement Date, or (ii) February 1, 2017 (either, the Premises for “Abatement Commencement Date”), through the first (1st) full month of date that is 7 months after the Lease Term following the Rent Abatement Commencement Date (i.e.the “Abatement Period”). Tenant shall commence or resume, $383,551.88); and (ii) as applicable, paying Base Rent on the Estimated Expenses (as defined below) payable by Tenant for day immediately following the Premises for the first (1st) full month expiration of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateAbatement Period.

Appears in 1 contract

Samples: Lease Agreement (Tandem Diabetes Care Inc)

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Base Rent. Commencing on the Rent Commencement Date, A. Tenant shall pay, without notice or demand, covenants and agrees to pay to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with except as otherwise expressly provided herein, the full amount of all Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease (including, without limitation, any charges for replacement of electric lamps and ballasts and any other services, goods or materials furnished by Landlord at Tenant’s execution request that are not included in Basic Costs), all of which hereinafter may be collectively called “Rent.” In addition, Tenant shall pay and be liable for, as Additional Rent, all rent, sales and use taxes or other similar taxes, if any, levied or imposed by any city, state, county or other governmental body having authority, such payments to be in addition to all other payments required to be paid to Landlord by Tenant under the terms and conditions of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount . Any such payments shall be comprised paid concurrently with the payments of Rent on which the following: (i) the tax is based. The Base Rent and Additional Rent for each calendar year or portion thereof during the Lease Term, shall be due and payable by Tenant for the Premises for in advance in monthly installments on the first (1st) full day of each calendar month of during the Lease Term following the and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of Additional Rent to Landlord without demand. If the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls commences on a day of the month other than the first day of such a month or if any rental payment is for terminates on a period which is shorter day other than one the last day of a month, then the rental installments of Base Rent and Additional Rent for any such fractional month or months shall be a proportionate amount of a full calendar month’s rental prorated, based on the proportion that the number of days in such fractional month bears month. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance or pursue any other available remedy. The acceptance by Landlord of an installment of Rent on a date after the due date of such payment shall not be construed to be a waiver of Landlord’s right to declare a default for any other late payment. All amounts received by Landlord from Tenant hereunder shall be applied first to the number of days in the calendar month during which such fractional month occursearliest accrued and unpaid Rent then outstanding. All other payments or adjustments required Tenant’s covenant to be made under the terms of this Lease that require proration on a time basis pay Rent shall be prorated on the same basis. For the avoidance independent of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateevery other covenant set forth in this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (VirtualArmour International Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryReal Property, or at such other place as Landlord may from time to time designate in writing, in currency currency, by wire transfer or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”"BASE RENT") as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of except as otherwise expressly provided in this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the . The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable shall be paid by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e.to Landlord no later than June 30, $91,597.86)2001. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s 's rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of All increases in Base Rent set forth in Section 8 of the Summary shall commence on be tied to the Rent applicable anniversary of the actual Lease Commencement DateDate as set forth therein, and any time periods or specific dates for exercising any rights or taking any action described in this Lease which are measured or derived from the Lease Commencement shall be based upon the actual Lease Commencement Date as determined pursuant to Section 7.2 of the Summary.

Appears in 1 contract

Samples: Office Lease (Foundation Health Systems Inc)

Base Rent. Commencing (a) The “Rent Commencement Date” shall mean, respectively, (x) the date that is six months after the Commencement Date for the Office Portion and (y) the date that is five months month after the Commencement Date for the Lab Portion. Beginning on the Rent Commencement DateDate for the applicable Portion, and on the first day of each month thereafter, the Tenant shall pay, without notice or demand, to pay the Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth installments, in Section 8 of advance, pursuant to the Summary in advance on or before following schedule: Period Annual Base Rent for the entire Premises Annual Base Rent Per Rentable Square Foot Monthly Base Rent for the entire Premises From the Rent Commencement Date and, thereafter, through the last day of the 42nd calendar month $ 2,505,875.00 $ 25.00 $ 208,822.92 From the first day of each and every the 43rd calendar month during through the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution last day of the 78th calendar month $ 2,706,345.00 $ 27.00 $ 225,528.75 From the first day of the 79th calendar month through the expiration of the term of this LeaseLease $ 2,936,885.50 $ 29.30 $ 244,740.46 * In the event that the Office Portion and Lab Portion Rent Commencement Dates do not occur on the same day, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount the Annual Base Rent and Monthly Base Rent shall be comprised apportioned accordingly (e.g. 66.6% of the following: (i) the Annual Base Rent payable by Tenant for is allocable to the Premises for Office Portion and 33.4% is allocable to the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86Lab Portion). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month is other than the first day of the month, then, with respect to the partial month following such Rent Commencement Date, Tenant shall pay to Landlord on the applicable Rent Commencement Date a pro-rated share of the Base Rent that would have otherwise been payable for such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental (based on the proportion that the number of days remaining in such fractional month bears to the number of days in the calendar month during which month) had such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated Rent Commencement Date occurred on the same basis. For the avoidance first day of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datesuch month.

Appears in 1 contract

Samples: Lease (Mural Oncology PLC)

Base Rent. Commencing on the Rent Lease Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord at the Landlord’s address set forth in Section 3 of the Summaryherein, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent and Additional Rent”) as set forth in Section 8 of the Summary, payable without any setoff or deduction whatsoever. The Base Rent shall be paid in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following shall be paid at the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month time of Xxxxxx’s execution of this Lease. If the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls commences on a day of the month other than the first day of such a calendar month or if any rental payment is for terminates on a period which is shorter day other than one the last day of a calendar month, then the rental monthly Base Rent and Tenant’s Share of any Operating Expenses or Tax Expenses for any such fractional the month shall be a proportionate amount of a full calendar month’s rental prorated based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occursmonth. All other payments or adjustments required to be made under the terms terms, covenants and conditions of this Lease that require proration on a time basis shall be prorated on the same basis. For Tenant shall pay and be liable for all rental, sales and use taxes, if any, imposed upon or measured by rent under applicable Law. If no specific time period is given for payment of any item of Rent, such item of Rent shall be due and payable by Tenant within thirty (30) days after demand by Landlord. Landlord shall have the avoidance right to apply payments received from Tenant pursuant to this Lease, regardless of doubt, Tenant’s obligation designation of such payments, to satisfy any obligations of Tenant hereunder, in such order and amounts as Landlord, in its sole discretion, may elect. The subsequent acceptance of Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease. Acceptance of a lesser amount than shall be due from Tenant to Landlord shall be considered a payment on account, and shall not be deemed a waiver of Landlord’s right to receive the full amount due, nor shall any endorsement or statement on any check or payment or any letter accompanying such check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to any other rights or remedies which Landlord may have against Tenant. No receipt of monies by Landlord from Tenant after the termination of this Lease shall in any way alter the length of the Lease Term or of Tenant’s right of possession hereunder, or after the giving of any notice shall reinstate, continue or extend the Lease Term or affect any notice given Tenant prior to the receipt of such monies, it being agreed that after the service of notice or the commencement of a suit, or after final judgment for possession of the Premises, Landlord may receive and collect any Rent due, and the payment of Base said Rent shall commence on the Rent Commencement Datenot waive or affect said notice, suit or judgment.

Appears in 1 contract

Samples: Office Lease (Cambium Networks Corp)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord's option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”"BASE RENT") as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this LeaseNotwithstanding the foregoing, Tenant shall deliver is excused from its obligation to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the pay any Base Rent payable by Tenant for the Premises for attributable to the first (1st) month of the Lease Term ("EARLY OCCUPANCY PERIOD"). Tenant shall still be responsible for the payment of Additional Rent, as that term is defined in Article 4 below, during such Early Occupancy Period. The Base Rent for the first full month of the Lease Term following which occurs after the Rent Commencement Date (i.e., $383,551.88); and (ii) expiration of the Early Occupancy Period shall be paid at the time of Tenant's execution of this Lease along with the Estimated Building Direct Expenses (as defined below) payable by Tenant for the Premises and Project Direct Expenses for the first (1st) full month of the Lease Term (i.e., $91,597.86). Tenn. If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (Gadzoox Networks Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever, except as otherwise expressly provided in this Lease. Concurrently with The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For If, at any time, Tenant is in default of any monetary or other material term, condition or provision of this Lease (beyond applicable notice and grace periods) that results in a termination of the avoidance Lease as provided in Section 19.2 below, then to the fullest extent permitted by law, any express or implicit waiver by Landlord of doubt, Tenant’s obligation for the payment of requirement to pay Base Rent during any period of time from and after the Lease Commencement Date shall commence on the be null and void and Tenant shall immediately pay to Landlord all Base Rent Commencement Dateso expressly or implicitly waived by Landlord.

Appears in 1 contract

Samples: Office Lease (Serena Software Inc)

Base Rent. Commencing (a) The Base Rent to be paid by Tenant under each Lease Supplement shall begin to accrue on the Rent Commencement Date, Date as specified in such Lease Supplement and shall be determined based upon the Pricing Grid attached hereto as Exhibit C. Tenant shall pay, without notice or demand, to Landlord at pay Base Rent by wire transfer in accordance with the address set forth in Section 3 terms of the Summary, or at Participation Agreement. Tenant shall be supplied with such other place bank account information as Landlord may from time Tenant shall require to time designate enable payment by wire transfer of federal funds. Tenant shall wire transfer to such account in writing, in currency or a check for currency which, at accordance with the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 terms of the Summary, Participation Agreement until notified of any account change. Base Rent payments shall be due and payable in equal monthly installments as set forth in Section 8 of arrears (i) on the Summary in advance on or before the Rent Commencement Date and, thereafter, the first last day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable Rental Period selected by Tenant for a Portion (except that, with respect to any Rental Period of six (6), nine (9) or twelve (12) months, Base Rent with respect thereto shall be due and payable at the Premises for end of each three (3) month period during such Rental Period or, if such day is not a Business Day, the first following Business Day), (1stii) full month on any date on which this Lease shall terminate as to any Parcel, and (iii) on any other date on which all or any portion of the Lease Term following the Rent Commencement Date (i.e.Investment Balance is paid, $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion except that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment last installment of Base Rent shall commence be payable on the last day of the Term (each such date shall be a “Rent Commencement Payment Date”), and Base Rent payments shall be made to Landlord and Administrative Agent in accordance with the terms of the Participation Agreement. No sooner than thirty (30) days or later than ten (10) days prior to the due date for any installment of Base Rent hereunder with respect to any Portion, Landlord and Administrative Agent each shall deliver to Tenant notices indicating the exact dollar amount of the Base Rent that is due on such due date to Landlord or Administrative Agent, as applicable, with respect to such Portion (an “Invoice”). If either Landlord or Administrative Agent fails to send an Invoice, Tenant shall pay the amount shown on the previous Invoice applicable to such portion from such Entity in accordance with the terms of the Participation Agreement. If Tenant’s payment of the amount shown on the previous Invoice is less than the Base Rent then due such Entity, Tenant shall pay the difference within ten (10) days after receipt of notice from such Entity of such shortfall. If Tenant’s payment of the amount shown on the previous Invoice exceeds the Base Rent then due such Entity, then (provided that no Event of Default has occurred and is continuing), such excess amount shall be credited to the next installment of Base Rent due to such Entity with respect to such Portion.

Appears in 1 contract

Samples: Master Lease of Land and Improvements (Adobe Systems Inc)

Base Rent. Commencing (a) The Base Rent to be paid by Tenant under each Lease Supplement shall begin to accrue on the Rent Commencement Date, Date as specified in such Lease Supplement. Tenant shall pay, without notice or demand, to Landlord at pay Base Rent by wire transfer in accordance with the address set forth in Section 3 terms of the Summary, or at Participation Agreement. Tenant shall be supplied with such other place bank account information as Landlord may from time Tenant shall require to time designate enable payment by wire transfer of Federal funds. Tenant shall wire transfer to such account in writing, in currency or a check for currency which, at accordance with the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 terms of the Summary, Participation Agreement until notified of any account change. Base Rent payments shall be payable monthly in equal monthly installments as set forth in Section 8 of arrears on the Summary in advance on or before the Rent Commencement Date and, thereafter, the first fifteenth (15th) day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one successive month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion except that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment last installment of Base Rent shall commence be payable on the last day of the Term (each such date shall be a "Rent Commencement Payment Date") and Base Rent payments shall be made to Landlord and Administrative Agent in accordance with the terms of the Participation Agreement. No sooner than thirty (30) days or later than ten (10) days prior to the due date for any installment of Base Rent hereunder, Landlord and Administrative Agent each shall deliver to Tenant Notices indicating the exact dollar amount of the Base Rent that is due on such due date to Landlord or Administrative Agent, as applicable (an "Invoice"). If either Landlord or Administrative Agent fails to send an Invoice, Tenant shall pay the amount shown on the previous month's Invoice from such Entity in accordance with the terms of the Participation Agreement. If Tenant's payment of the amount shown on the previous month's Invoice is less than the Base Rent due such Entity for such month, Tenant shall pay the difference within ten (10) days after receipt of notice from such Entity of such shortfall. If Tenant's payment of the amount shown on the previous month's Invoice exceeds the Base Rent due such Entity for such month, then (provided that no Event of Default has occurred which is continuing), such excess amount shall be credited to the next installment of Base Rent due to such Entity.

Appears in 1 contract

Samples: Participation Agreement (Adobe Systems Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Xxxxxxxx agrees to provide ACH information to Tenant. Concurrently with TenantXxxxxx’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74280,610.46, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first eleventh (1st11th) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88229,844.75); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first eleventh (1st11th) full month of the Lease Term (i.e., $91,597.8650,765.71). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and so long as Tenant is not then in default under this Lease (beyond the expiration of doubtall applicable notice and cure periods), Landlord hereby agrees to xxxxx Xxxxxx’s obligation to pay (i) one hundred percent (100%) of Tenant’s monthly Base Rent for the first (1st) ten (10) full calendar months of the initial Lease Term for the sixth (6th) floor portion of the Premises only and (ii) one hundred percent (100%) of Tenant’s obligation to pay for Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs as well as Project management fees for the sixth (6th) floor portion of the Premises for the first five (5) full months of the initial Lease Term (collectively, the “Abated Rent”). During such abatement period, Tenant shall still be responsible for the payment of Base all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the unamortized amount (amortized over the 112 month Lease Term) of the Abated Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Sublease (Assembly Biosciences, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writingwriting (provided any such notice changing the place for payment is given to Tenant no later than fifteen (15) days prior to the next date that Base Rent is due), in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 6 of the Summary, payable in equal monthly installments as set forth in Section 8 6 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, commencing with respect to each floor of the Premises on the Lease Commencement Date therefor as set forth in Section 5.2 of the Summary, without any setoff or deduction whatsoeverwhatsoever (except as otherwise expressly set forth in this Lease). Concurrently with Notwithstanding the foregoing, Base Rent shall be increased by the amount of Base Rent for the Must Take Space effective as of the Must Take Space Commencement Date as set forth in Section 1.5 of this Lease. The Base Rent for the first full month of the Lease Term which occurs in calendar year 1999 for both the initial Premises and the Must Take Space (i.e., a total of $218,229.30) shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to for the Base Rent or the Rent Commencement Date with respect to Estimated Expenses22nd Floor Space) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration prorated on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the and estimated Additional Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., in the aggregate amount of $91,597.86)60,537.73) shall be paid at the time of Tenant's execution of this Lease. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s 's rental based on the XXXXXXXX PLAZA Vivus, Inc. XXXXXXXX PLAZA Vivus, Inc. proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For If, at any time, Tenant is in default of any monetary or other material term, condition or provision of this Lease beyond applicable notice and grace periods, to the avoidance fullest extent permitted by law, any express or implicit waiver by Landlord of doubt, Tenant’s obligation for the payment of 's requirement to pay Base Rent during any period of time from and after the Lease Commencement Date shall commence on the be null and void and Tenant shall immediately pay to Landlord all Base Rent Commencement Dateso expressly or implicitly waived by Landlord.

Appears in 1 contract

Samples: Office Lease (Vivus Inc)

Base Rent. Commencing Base Rent for the first full calendar month immediately following the expiration of the Abatement Period (as defined below) (or, if the first month immediately following the expiration of the Abatement Period is not a full calendar month, then the first full calendar month immediately following the expiration of the Abatement Period) and the Security Deposit shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. Such prepaid Base Rent shall be applied to Base Rent payable commencing on the date immediately following the expiration of the Abatement Period (as defined below). Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Rent Commencement DateDate (subject to the Abatement Period), Tenant shall payin lawful money of the United States of America, without notice or demand, to Landlord at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing, in currency or a check via federally insured wire transfer (including ACH) pursuant to the wire instructions provided by Landlord. Payments of Base Rent for currency whichany fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to abxxx, at the time of paymentreduce, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 of 5) due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything contained herein to the Summarycontrary, payable so long as Tenant is not then in equal monthly installments as set forth in Section 8 of default under this Lease (beyond any applicable notice or cure periods), Base Rent shall be abated for the Summary in advance period commencing on or before the Rent Commencement Date and(or, thereafter, if the Rent Commencement Date does not occur on the first day of each and every month during a calendar month, then on the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised first day of the following: (ifirst full calendar month following the Rent Commencement Date) through the Base Rent payable by Tenant for the Premises for the first (1st) full month expiration of the Lease Term 3rd full calendar month following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86“Abatement Period”). If any rental payment date (including the Lease Commencement Date with respect Notwithstanding anything to the Base Rent or contrary contained herein, if the Rent Commencement Date with respect to Estimated Expenses) falls occurs on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based then, on the proportion that Rent Commencement Date, Tenant shall pay to Landlord the number of days in such fractional month bears prorated Base Rent due (which shall not be subject to the number of days in abatement pursuant to this paragraph) for the calendar month during in which such fractional month the Rent Commencement Date occurs. All other payments or adjustments required Tenant shall commence paying full Base Rent with respect to be made under the terms of this Lease that require proration on a time basis shall be prorated entire Premises on the same basisday immediately following the expiration of the Abatement Period. For the avoidance of doubt, Tenant’s obligation for Tenant acknowledges and agrees that if the payment Rent Commencement Date does not occur on the first day of Base Rent shall commence a calendar month, Tenant will, on the Rent Commencement Date, pay Landlord the Base Rent due for such partial month.

Appears in 1 contract

Samples: Lease Agreement (Vaxcyte, Inc.)

Base Rent. The first month’s Base Rent (i.e., the Base Rent due for the first full month following the Base Rent Commencement Date) and the Security Deposit shall be due and payable on delivery of an executed copy of this Lease to Landlord. Commencing on the Base Rent Commencement Date, Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing. Building 1 (AOTC) / Kymera Therapeutics, Inc. - Page 6 Exhibit 10.13 Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any Rent (as defined in currency or a check Section 5) due hereunder except for currency which, at any abatement as may be expressly provided in this Lease. In addition to the time of payment, is legal tender for private or public debts Tenant Improvement Allowance (as defined in the United States of AmericaWork Letter), base rent (“Base Rent”) as set forth Landlord shall, if Tenant so requests in Section 8 writing and subject to the terms of the SummaryWork Letter, payable make available to Tenant the Supplemental Tenant Improvement Allowance (as defined in equal monthly installments as set forth in Section 8 of the Summary in advance Work Letter). Commencing on or before the Rent Commencement Date and, thereafter, and continuing thereafter on the first day of each and every month during the Lease Base Term, without any setoff Tenant shall pay the amount necessary to fully amortize the portion of the Supplemental Tenant Improvement Allowance actually funded by Landlord, if any, as Additional Rent in equal monthly payments with interest at a rate of 8% per annum over the Base Term, which interest shall begin to accrue on the Commencement Date. Any of the Supplemental Tenant Improvement Allowance and applicable interest remaining unpaid as of the expiration or deduction whatsoever. Concurrently with Tenant’s execution earlier termination of the Lease shall be paid to Landlord in a lump sum at the expiration or earlier termination of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Kymera Therapeutics, Inc.)

Base Rent. Commencing on the Rent Commencement DateDate with respect to each Portion of the Premises, Tenant shall pay, without prior notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord's option, at such other place as Landlord may from time to time designate in writing, in currency or by a check or wire transfer for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”"BASE RENT") as set forth in Section 8 SECTION 4 of the Summary, payable in equal monthly installments as set forth in Section 8 SECTION 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever, except as otherwise expressly set forth herein. Concurrently with Tenant’s The Base Rent for the first full month of the Initial Term in which rent is due shall be paid upon execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to l/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms TCCs of this Lease that require proration on a time basis shall be prorated on the same basis. For The "RENT COMMENCEMENT DATE" shall be the avoidance applicable date set forth in SECTION 3.3 of doubtthe Summary with respect to each Portion of the Premises, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateexcept as set forth in SECTION 14.4.1, below.

Appears in 1 contract

Samples: Office Lease (Cytyc Corp)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74617,301.82, which amount shall be comprised of the following: (i) the first (1st) monthly installment Base Rent payable by Tenant for the original Premises for during the initial Lease Term (i.e., $450,938.00); (ii) the first (1st) full month of monthly installment Base Rent payable by Tenant for the Lease Must-Take Space during the initial Must-Take Space Term following the Rent Commencement Date (i.e., $383,551.8893,990.40); and (iiiii) the Estimated Expenses (as defined below) payable by Tenant for the original Premises for the first (1st) full month of the initial Lease Term (i.e., $91,597.8659,890.32); and (iv) the Estimated Expenses payable by Tenant for the Must-Take Space for the first (1st) month of the initial Must-Take Space Term (i.e., $12,483.10). If any rental payment date (including the Lease Commencement Date with respect to and the Base Rent or the Rent Must-Take Space Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Landlord hereby agrees to (A) xxxxx Tenant’s obligation to pay the monthly Base Rent otherwise payable by Tenant for the original Premises (and if then leased by Tenant, the Must-Take Space) for the first eighteen (18) months of the initial Lease Term commencing as of the Lease Commencement Date (the “Abated Rent”), (B) apply the pre-paid Base Rent described in clause (i) hereinabove to the Base Rent otherwise payable for the original Premises during the nineteenth (19th) month of the initial Lease Term, and (C) apply the pre-paid Base Rent described in clause (ii) hereinabove to the Base Rent otherwise payable for the Must-Take Space during the later of (1) the first (1st) month of the Must-Take Space Term and (2) the nineteenth (19th) month of the initial Lease Term. During such abatement period, Tenant shall remain responsible for the payment of Base all of its other monetary obligations under this Lease, including without limitation, amounts payable pursuant to Article 4 below. In the event of a default by Tenant under the terms of this Lease that results in the early termination of this Lease pursuant to the provisions of Article 19 below, then as a part of the recovery set forth in Article 19 below, Landlord shall be entitled to recover the unamortized balance of the Abated Rent. For purposes of the immediately preceding sentence, the Abated Rent shall commence be amortized on a straight-line basis over the Rent Commencement Datescheduled ten (10)-year initial Lease Term, and the unamortized portion thereof shall be determined based upon the unexpired portion of such initial Lease Term as of the date of such early termination.

Appears in 1 contract

Samples: Escrow Agreement (Polycom Inc)

Base Rent. Commencing Base Rent for the month in which the Commencement Date occurs (or, if the Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the Commencement Date) and the Security Deposit shall be due and payable concurrently with Xxxxxx’s delivery of an executed copy of this Lease to Landlord. Base Rent for the month in which the 47 Xxxxxxx Premises Rent Commencement Date occurs (or, if the 47 Xxxxxxx Premises Rent Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the 47 Xxxxxxx Premises Rent Commencement Date, ) shall be due and payable on the 47 Xxxxxx Premises Commencement Date. Tenant shall paypay to Landlord in advance, without notice or demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Commencement Date with respect to Landlord the 45 Xxxxxxx Premises and after the 47 Xxxxxxx Premises Rent Commencement Date with respect to the 47 Xxxxxxx Premises, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing, in currency or a check via federally insured wire transfer (including ACH) pursuant to the wire instructions provided by Landlord. Payments of Base Rent for currency which, at any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the time obligations of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Landlord under this Lease Term, without any setoff or deduction whatsoeverare independent obligations. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver have no right at any time to Landlord an amount equal to $475,149.74xxxxx, which amount shall be comprised of the following: (i) the Base reduce, or set-off any Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined belowin Section 5) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental due hereunder except for any such fractional month shall abatement as may be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days expressly provided in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateLease.

Appears in 1 contract

Samples: Lease Agreement (Stoke Therapeutics, Inc.)

Base Rent. Commencing on the Rent Commencement DateDate with respect to each Portion of the Premises, Tenant shall paycommence paying with respect to such Portion of the Premises (and will thereafter continue to pay with respect to such Portion of the Premises through the Expiration Date applicable to such Portion of the Premises), without prior notice or demand, to Landlord at the address or pursuant to the wiring instructions set forth in Section 3 13 of the Summary, or or, at Landlord’s option, at such other place address or wiring instructions as Landlord may from time to time designate in writing, in currency or by a check or wire transfer for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, the base rent (“Base Rent”) as set forth in Section 8 4 of the SummarySummary with respect to such Portion of the Premises, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently The Base Rent for the first full month of the Lease Term with respect to the Tranche I Premises following the Rent Commencement Date for the Tranche I Premises shall be paid within ten (10) business days after Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base of Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate daily basis during such fractional month and shall total an amount equal to the product of (i) a full calendar month’s rental based on fraction, the proportion that numerator of which is the number of days in such fractional month bears to and the denominator of which is the actual number of days occurring in such calendar month, and (ii) the calendar month during which such fractional month occursthen-applicable monthly installment of Base Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Service Agreement (Twilio Inc)

Base Rent. Commencing on the The first full month’s Base Rent Commencement Date, shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing, in currency or a check via federally insured wire transfer (including ACH) pursuant to the wire instructions provided by Landlord. Payments of Base Rent for currency whichany fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, at the time of paymentreduce, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 of 5) due hereunder except for any abatement as may be expressly provided in this Lease. 10578 Science Ctr./Avidity Biosciences – Page 4 Notwithstanding anything to the Summarycontrary contained in this Lease, payable so long as Tenant is not then in equal monthly installments Default (as set forth defined in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of 20) under this Lease, Tenant shall deliver not be required to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the pay Base Rent payable by Tenant for with respect to the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls period commencing on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a 2nd full calendar month’s rental based month after the Commencement Date through the last day of the 6th full calendar month after the Commencement Date (the “Abatement Period”). Tenant shall resume paying full Base Rent on the proportion that first day of the number of days in such fractional month bears to the number of days in the seventh full calendar month during which such fractional month occurs. All other payments or adjustments required to be made under after the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Avidity Biosciences, Inc.)

Base Rent. Commencing Base Rent for the first full calendar month of the Partial Abatement Period (as defined below) and the Security Deposit shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the Rent first day of each calendar month during the Term hereof after the Commencement Date, Tenant shall payin lawful money of the United States of America, without notice or demand, to Landlord at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing, in currency or a check via federally insured wire transfer (including ACH) pursuant to the wire instructions provided by Landlord. Payments of Base Rent for currency whichany fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, at the time of paymentreduce, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 5) due hereunder except for any abatement as may be expressly provided in this Lease. If Tenant fails to pay the full amount due for Rent under this Lease for any month, Landlord may apply any partial payment of Rent made by Tenant to the Summaryoutstanding balance due in any manner Landlord determines, payable in equal monthly installments its sole and absolute discretion. Notwithstanding anything to the contrary contained herein, so long as set forth Tenant is not then in Section 8 of default under this Lease beyond any applicable notice and cure periods, for the Summary in advance period commencing on or before the Rent Commencement Date and(or, thereafter, if the Commencement Date does not occur on the first day of each and every a calendar month, then on the first day of the first full calendar month during following the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution Commencement Date) through the expiration of this Leasethe 9th full calendar month following the Commencement Date (the “Partial Abatement Period”), Tenant shall deliver be required to Landlord an pay Base Rent in the amount equal to of $475,149.74, 275,000.00 per month (which amount shall be comprised Base Rent is calculated on 50,000 rentable square feet of the following: (i) Premises). Notwithstanding anything to the Base Rent payable by Tenant for contrary contained herein, if the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls occurs on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based then, on the proportion that Commencement Date, Tenant shall pay to Landlord the number of days in such fractional month bears prorated Base Rent due (which shall not be subject to the number of days in abatement pursuant to this paragraph) for the calendar month during in which such fractional month the Commencement Date occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated Commencing on the same basis. For day immediately following the avoidance expiration of doubtthe Partial Abatement Period, Tenant’s obligation for Tenant shall commence paying the payment full amount of Base Rent set forth on Page 1. The parties hereby acknowledge agree that, notwithstanding that the rentable square footage of the Premises is approximately 84,321 rentable square feet, during the Base Term and any Extension Terms, Tenant shall commence only be required to pay Base Rent with respect to 77,000 rentable square feet of the Premises and the Base Rent amount set forth on the Rent Commencement DatePage 1 was calculated based on 77,000 rentable square feet.

Appears in 1 contract

Samples: Lease Agreement (Applied Molecular Transport Inc.)

Base Rent. Commencing on the Rent Commencement DateDate and then continuing throughout the Term, Tenant shall payagrees to pay Landlord Base Rent according to this Section 4.1, without notice or demand, deduction, setoff, abatement or credit except as expressly contained in the Lease. Base Rent during each Lease Year of the Term will be payable in monthly installments in an amount equal to Landlord at 1/12 of the address amount obtained by multiplying the rate of Base Rent for such Lease Year set forth in the definition of Base Rent in Section 3 1.1 by the number of square feet of Rentable Area of the Summary, or at such other place as Landlord may from time to time designate in writingPremises, in currency or a check for currency whichadvance, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution ; if the number of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for days in the first (1st) full Lease Year is greater than 365 or 366 days, as applicable, such monthly rental shall also be payable for each additional 30-day period, prorated for any partial month of as provided in the Lease Term following sentence. If the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment is a date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such a calendar month or if any rental payment is for the Term ends on a period which is shorter date other than one the last day of a calendar month, then Landlord will prorate monthly Base Rent for the rental for any such fractional first month shall be a proportionate amount of a full calendar month’s rental the Term or the last month of the Term, as the case may be, based on upon the proportion ratio that the number of days in of the Term within such fractional month bears to the total number of days in such month. Tenant acknowledges that if there are more than 90 days of Tenant's Delay the calendar month during which Rent Commencement Date may occur prior to the Commencement Date, and Tenant will be obligated to pay Rent from and after such fractional month occurs. All other payments or adjustments required Rent Commencement Date notwithstanding the fact that the Premises will not yet have been delivered to be made under the terms of this Lease that require proration Tenant on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the such Rent Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Renaissance Worldwide Inc)

Base Rent. Commencing on (a) During the Original Lease Term and the Renewal Term, if applicable, Tenant shall pay to Landlord annual fixed rent (the "Annual Base Rent") in an amount equal to the Fair Market Rent (as hereinafter defined) as of the date (the "Rent Appraisal Date") which is not less than sixty (60) days prior to (i) the Commencement Date, with respect to the first five (5) years of the Original Lease Term or the entire six (6) years of the Original Lease Term if Tenant exercises its early Lease termination right in accordance with Section 2.2.A. of this Lease, (ii) the commencement of the sixth (6th) Lease Year, with respect to the remainder of the Original Lease Term if Tenant does not exercise its early Lease termination right in accordance with Section 2.2.A. of this Lease, and (iii) the commencement of the Renewal Term, with respect to the Renewal Term. The Annual Base Rent shall paybe payable in monthly installments, in advance, on the first day of each and every calendar month during the Lease Term and the Renewal Term, if applicable, without notice or demanddemand and without any set-off, to Landlord abatement or deduction whatsoever, at the address set forth office of Landlord stated in Section 3 of the Summary1, or at such other place as Landlord may designate from time to time designate in writing, in currency or a check for currency which, . The first monthly installment of Annual Base Rent shall be due and payable at the time of payment, is legal tender for private or public debts the execution of this Lease. Such first monthly installment of Annual Base Rent shall be in the United States of America, base rent (“Base Rent”) as set forth in Section 8 amount due for the first month of the Summary, payable in equal Original Lease Term. The first monthly installments as set forth in Section 8 installment of the Summary in advance on or before the Annual Base Rent Commencement Date and, thereafter, shall be credited by Landlord against the first day monthly installment of each and every month Annual Base Rent due during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of If the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls shall commence on a day of the month other than the first day of such month a calendar month, or if any rental payment is for shall end on other than the last day of a period which is shorter than one calendar month, then the rental monthly installment of Annual Base Rent due for any such fractional partial month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datepro-rated.

Appears in 1 contract

Samples: Lease (Ha Lo Industries Inc)

Base Rent. Commencing on the Rent Commencement Date, 3.1 Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of AmericaAmerica or, if directed by Landlord by electronic funds transfer or similar wire transaction pursuant to instructions provided by Landlord, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, Summary payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Base Rent and Additional Rent shall together be denominated “Rent.” Without limiting the avoidance of doubtforegoing, Tenant’s obligation for the payment of Base to pay Rent shall commence not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Rent Commencement DatePremises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover rent. Tenant’s covenants contained herein are independent and not dependent, and Tenant hereby waives the benefit of any statute or judicial law to the contrary.

Appears in 1 contract

Samples: Massachusetts Avenue (Werewolf Therapeutics, Inc.)

Base Rent. Commencing on During the Rent initial Term of this Lease, Tenant hereby agrees to pay to Landlord base annual rental (as specified, the "Base Rent") at the rate of $21.45 per square foot of Rentable Area in the Premises, subject to annual adjustment beginning with the first anniversary of the Commencement Date, Tenant shall pay, without notice or demand, to Landlord at in the address set forth manner provided in Section 3 2.4 and subject to any adjustments based on Additional Allowance if granted to Tenant in accordance with Exhibit B. If Tenant elects to extend the Term of this Lease to one hundred eighty (180) months as provided in Section 2.1.3 above, then the initial Base Rent shall be $20.80 per square foot of Rentable Area in the Premises subject to annual adjustment beginning with the first anniversary of the SummaryCommencement Date as provided in Section 2.4 and subject to any adjustments based on Additional Allowance, or at such other place as if granted to Tenant in accordance with Exhibit B. Any overpayment of Base Rent based upon Tenant's election to so extend shall be refunded by Landlord may from time to time designate in writing, in currency or a check for currency which, at the time within sixty (60) days of payment, is legal tender for private or public debts in the United States receipt of America, base rent (“Tenant's election notice. The Base Rent”) as set forth , and any Additional Rent then in Section 8 of the Summary, effect shall be due and payable in twelve (12) equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of Except as elsewhere provided in this Lease, Tenant shall deliver agrees to pay Rent to Landlord an amount equal to $475,149.74monthly in advance without demand, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e.reduction, $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e.abatement, $91,597.86)counterclaim or setoff at Landlord's designated address. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls Term commences on a day of the month other than the first day of such a month or if any rental payment is for terminates on a period which is shorter day other than one the last day of a month, then the rental Rent for any such fractional month or months shall be a proportionate amount of a full calendar month’s rental based on prorated in accordance with the proportion that the number of days in such fractional month bears to the actual number of days in the calendar relevant month during which such fractional month occurs. All other payments and the installment or adjustments required to be made under the terms of this Lease that require proration on a time basis installments so prorated shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datepaid in advance.

Appears in 1 contract

Samples: Lease Agreement (Interstate Johnson Lane Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord's option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of , except to the extent expressly provided in this Lease. In accordance with Section 4 of the Summary, any increases in Base Rent shall occur on the first day of the applicable Lease Month. The parties acknowledge, however, that Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the pay Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month each "calendar month" of the Lease Term (i.e.or a prorated portion of a "calendar month", $91,597.86as applicable), even though the first "Lease Month" may pertain to a period longer than one (1) calendar month. The Base Rent for the first two (2) full calendar months of the Lease Term shall be paid at the time of Tenant's execution of this Lease. If any rental payment date (including the Lease Commencement Date with respect to the Base of Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate daily basis during such fractional month and shall total an amount equal to the product of (i) a full calendar month’s rental based on fraction, the proportion that numerator of which is the number of days in such fractional month bears to and the denominator of which is the actual number of days occurring in such calendar month, and (ii) the calendar month during which such fractional month occursthen-applicable Monthly Installment of Base Rent. All other payments or adjustments required to be made under the terms TCCs of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (DermTech, Inc.)

Base Rent. Commencing The first month’s Base Rent shall be due and payable on delivery of an executed copy of this Lease to Landlord. The Security Deposit shall be due on the Rent Commencement Date, date that is 5 days after the mutual execution and delivery of this Lease by the parties. Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, in currency reduce, or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 5) due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything to the contrary contain herein, so long as Tenant is not in Default under this Lease, for the period commencing on the Commencement Date through the last day of the Summary30th full month after the Commencement Date (the “Partial Abatement Period”), payable in equal monthly installments as set forth in Section 8 Tenant shall only be required to pay Base Rent with respect to 11,000 rentable square feet of the Summary in advance Premises. Commencing on or before the Rent Commencement Date and, thereafter, the first day of each and every the 31st full month during after the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this LeaseCommencement Date, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the commence paying Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateentire Premises.

Appears in 1 contract

Samples: Lease Agreement (Xeris Pharmaceuticals Inc)

Base Rent. Commencing on the Rent Commencement DateSubject to Section 3.2, Tenant shall pay, without notice or demanddemand except as otherwise expressly provided herein, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 6 of the Summary, payable in equal monthly installments as set forth in Section 8 6 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease TermTerm commencing on the Lease Commencement Date, without any setoff or deduction whatsoeverwhatsoever except as otherwise expressly provided herein. Concurrently with The Base Rent for the first full month of the Lease Term during which Base Rent is payable shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term (if sooner) at a rate per day which such fractional month occursis equal to 1/365 of the Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For All payments received by Landlord from Tenant shall be applied, if Landlord elects in its sole discretion, to the avoidance of doubtoldest payment obligation owed by Tenant to Landlord, and no designation by Tenant’s obligation for the payment of Base Rent , either in a separate writing or on a check or money order, shall commence on the Rent Commencement Datemodify this clause or have any force or effect.

Appears in 1 contract

Samples: Rooftop Area License Agreement (Cornerstone OnDemand Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time monthly installments of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e.or if the first full month of the Lease Term is within a free rent period, $91,597.86)then the Base Rent for the first full month which occurs after the expiration of any free rent period) shall be paid at the time of Tenant’s execution of this Lease. If any rental or other payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental or other payment is for a period which is shorter than one month, then the rental or other payment for any such fractional month shall be a proportionate amount of a full calendar month’s rental or other payment based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All Notwithstanding anything to the contrary contained herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, Landlord hereby agrees to xxxxx Tenant’s obligation to pay monthly Base Rent for the second (2nd) through fifth (5th) full months of the initial Lease Term. During such abatement periods, Tenant shall still be responsible for the payment of all of its other payments or adjustments required to be made monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that require proration on results in early termination pursuant to the provisions of Section 19.1 of this Lease, then as a time basis part of the recovery set forth in Section 19.2 of this Lease, Landlord shall be prorated on entitled to the same basis. For recovery of the avoidance of doubt, Tenant’s obligation for the payment of monthly Base Rent shall commence on abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Office Lease (Women First Healthcare Inc)

Base Rent. Commencing Base Rent for the month in which the Commencement Date occurs and the Security Deposit shall be due and payable on the Rent Commencement Date, delivery of an executed copy of this Lease to Landlord. Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement (except for any abatement as may be expressly provided for in this Lease), deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, in currency reduce, or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 of 5) due hereunder except for any abatement as may be expressly provided for in this Lease. Notwithstanding anything to the Summarycontrary contained in this Lease, payable so long as Tenant is not in equal monthly installments as set forth in Section 8 of Default under this Lease, for the Summary in advance period commencing on or before the Rent Commencement Date and(or, thereafter, if the Commencement Date does not occur on the first day of each and every a calendar month, then as of the first day of the first full calendar month during immediately following the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution Commencement Date) through the last day of this Leasethe 14th full calendar month following the Commencement Date (the “Partial Base Rent Abatement Period”), Tenant shall deliver only be required to Landlord an amount equal pay Base Rent with respect to $475,149.74, which amount shall be comprised only 50% of the following: (i) the Premises. Tenant shall commence paying Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls entire Premises on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a 15th full calendar month’s rental based on month following the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord's agent at the address set forth Rent Payment Address specified in Section 3 12 of the Summary, or or, at Landlord's option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with , except as otherwise expressly provided in this Lease; provided, however, that upon Tenant’s 's execution and delivery of this LeaseLease to Landlord, Tenant shall deliver pay to Landlord an amount equal to $475,149.74the Prepaid Base Rent set forth in Section 7 of the Summary, which amount shall be comprised applied to the first monthly installment of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the pursuant to this Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) beginning on the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86Base Rent Commencement Date). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount daily basis for the period from the date such payment is due to the end of a full such calendar month’s rental based month or to the end of the Lease Term on the proportion that basis of the number of days in such fractional month bears to the actual number of days in the calendar month during which such fractional month occursapplicable month. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.13112.002.675115v7

Appears in 1 contract

Samples: Office Lease (Netgear, Inc)

Base Rent. Commencing Tenant shall pay to Landlord the sum of TWO HUNDRED FORTY THOUSAND and No/100 Dollars ($240,000.00) per annum as the "Base Rent" due for the Term; which amount shall be payable in equal monthly installments of TWENTY THOUSAND and No/100 Dollars ($20,000.00). If the Term does not begin on the first day or end on the last day of a calendar month, then the Base Rent Commencement Datefor that partial month shall be prorated by multiplying the monthly Base Rent by a fraction, Tenant the numerator of which is the number of days of the partial month included in the Term and the denominator of which is the total number of days in the full calendar month. The Base Rent shall paybe paid in advance on the first day of each calendar month during the Term without advance notice, without notice or demand, offset, or deduction, unless such offset or deduction is made by Tenant as expressly permitted in this Lease or to recover any unpaid (non-appealable) arbitration award or court judgment Tenant has against Landlord. All Base Rent and Additional Rent (defined below) shall be paid to Landlord at the address set forth specified in Section 3 of the Summarythis Lease for any notice to be given hereunder, or at such other place as Landlord may from time otherwise specify in writing to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Tenant. The Base Rent”) Rent shall be subject to adjustment as set forth in Section 8 follows: Beginning as of the SummaryCommencement Date, payable in equal monthly installments as set forth in Section 8 each successive twelve (12) full calendar month period of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount Term shall be comprised of deemed to be a "Lease Year"; provided that should the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls commence on a day of the month date other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental first Lease Year shall also include the partial calendar month of the Commencement Date; and further provided that the last Lease Year shall end as of the Expiration Date or earlier termination date of this Lease. Commencing as of the second Lease Year and continuing for any such fractional month each Lease Year of the Term, the annual Base Rent shall be increased each Lease Year to an amount equal to One Hundred Two and 50/100 Percent (102.5%) of the Base Rent payable during the prior Lease Year. (i.e. The Base Rent payable during the ensuing Lease Year shall be determined by multiplying the Base Rent payable during the prior Lease Year by a proportionate amount factor of a full 102.5.) If any Lease Year is less than twelve (12) calendar month’s rental based on months, the proportion Base Rent due for that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis Year shall be prorated on the same a monthly basis. For Notwithstanding any provision of this Lease to the avoidance of doubtcontrary, Tenant’s obligation the Base Rent due hereunder shall be reduced as follows: The Base Rent installments due for the first three (3) full calendar months of the initial Term shall be abated in full. Subject to the three (3) month full abatement set forth in (i) above, the Base Rent due for the period from the Commencement Date through the end of the fifth (5th) full calendar month of the initial Term, shall be based on an annual Base Rent in the amount of One Hundred Fifty Thousand and No/100 Dollars ($150,000.00), and therefore payable in monthly installments of $12,500.00 (which amount reflects payment of rent on approximately 15,000 square feet of net rentable floor area). The Base Rent due from the beginning of sixth (6th) through the end of the ninth (9th) full calendar months of the initial Term shall be based on an annual Base Rent in the amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00), and therefore payable in monthly installments of $16,667.00 (which amount reflects payment of rent on approximately 20,000 square feet of net rentable floor area). Beginning as of the tenth (10th) full calendar month of the initial Term, the Base Rent shall commence be due in the amounts as otherwise set forth above (which amount reflects payment of rent on the Rent Commencement Dateapproximately 24,000 square feet of net rentable floor area).

Appears in 1 contract

Samples: Office Lease Agreement (E Loan Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place in the United States as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following shall be paid at the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month time of the Lease Term (i.e., $91,597.86)Tenant’s execution of this Lease. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding the avoidance foregoing, provided there is no Event of doubtDefault under this Lease, Landlord hereby agrees to xxxxx Tenant’s obligation to pay all of the Base Rent due during the first (1st), second (2nd), and third (3rd) full calendar months of the initial Lease Term (collectively, the “Abatement Months”) (such amount of abated Base Rent being hereinafter collectively referred to as the “Abated Amount”). During such Abatement Months, Tenant will still be responsible for the payment of Base Rent all other monetary obligations due under this Lease during such Abatement Months including, without limitation, as applicable, any parking charges. Tenant acknowledges that any Event of Default by Tenant under this Lease will cause Landlord to incur costs not contemplated hereunder, the exact amount of such costs being extremely difficult and impracticable to ascertain. Therefore, should Landlord terminate this Lease at any time during the initial Lease Term on account of an Event of Default, then, in addition to all of Landlord’s other rights and remedies, the total unamortized sum of such Abated Amount (amortized on a straight line basis over the initial Lease Term) so conditionally excused shall commence on become immediately due and payable by Tenant to Landlord; provided, however, Tenant acknowledges and agrees that nothing in this Section 3 is intended to limit any other remedies available to Landlord at law or in equity under applicable law (including, without limitation, the Rent Commencement Dateremedies under Civil Code Section 1951.2 and/or 1951.4 and any successor statutes or similar laws), in the event Tenant defaults under the Lease beyond any applicable notice and cure period.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall paypay annual base rent (the "Base Rent") for the first Lease Year in an amount equal to $700,000.00, without notice and for each subsequent Lease Year in an amount equal to 4.77% of the Gross Revenues of Tenant in that Lease Year (the "Base Amount"), but for each subsequent Lease Year ending on or demandbefore December 31, 2017, the Base Rent shall not be less than $1.4 million per Lease Year (the "Floor Amount"). Tenant shall pay the Base Rent for the first Lease Year ($700,000.00), together with a transaction fee of $700,000.00, to Landlord at the address set forth in Section 3 of the Summary, a lump sum on or at such other place as Landlord may from time to time designate in writing, in currency or a check before Commencement Date. The Base Rent for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, each subsequent Lease Year through 2017 shall be payable in equal monthly installments as set forth of $116,666.66 in Section 8 of the Summary in advance advance, on or before the Rent Commencement Date and, thereafter, the first day of each calendar month. The Base Rent for each Lease Year after 2017 shall be payable in monthly installments, in arrears, on or before the twentieth (20th) day of each month for the preceding calendar month. Following the first Lease Year, if the aggregate amount of monthly Base Rent payments made by Tenant for any subsequent Lease Year exceeds the Base Rent computed on the amount of Gross Revenues for that Lease Year, then the amount of such excess shall be applied to the next succeeding monthly installment(s) of Base Rent due hereunder, provided, however, that in no event shall the Base Rent payable for the second Lease Year and every month during each subsequent Lease Year ending on or before December 31, 2017, be less than the Floor Amount. If the aggregate amount of monthly Base Rent payments made by Tenant for any Lease TermYear is less than the Base Rent computed on the amount of Gross Revenues for that Lease Year, without then Tenant shall pay any setoff deficiency by March 31 of the next succeeding Lease Year. If the last Lease Year terminates on a day other than the last day of a calendar year, the Floor Amount payable under this Lease for such fractional Lease Year shall be prorated based upon the actual number of days contained in such fractional Lease Year. Tenant shall be entitled to a credit against the Base Rent owing for the first Lease Year for any fees, charges or deduction whatsoever. Concurrently expenses of the Trustee or Landlord, in excess of $97,000 in the aggregate, that are paid by Tenant in accordance with Tenant’s the Indenture at the time of the execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Six Flags Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first second (1st2nd) full month of the Lease Term following shall be paid at the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month time of the Lease Term (i.e., $91,597.86)Tenant’s execution of this Lease. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Landlord hereby agrees to axxxx Tenant’s obligation to pay Tenant’s monthly Base Rent (the “Abated Rent”) for the first (1st) month of the Lease Term (the “Abatement Period”). During the Abatement Period, Tenant shall remain responsible for the payment of Base Rent all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in the early termination of this Lease pursuant to the provisions of Article 19 of this Lease, then as a part of the recovery set forth in Article 19 of this Lease, Landlord shall commence on be entitled to the Rent Commencement Daterecovery of the Abated Rent.

Appears in 1 contract

Samples: Lease Termination Agreement (St Francis Medical Technologies Inc)

Base Rent. Commencing on the Rent Commencement Date, A. Tenant shall pay, without notice or demand, covenants and agrees to pay to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any defense, counterclaim, setoff or deduction whatsoever. Concurrently with except as otherwise expressly provided herein, the full amount of all Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease (including, without limitation, any reasonable charges for replacement of electric lamps and ballasts and any other services, goods or materials furnished by Landlord at Tenant’s execution request), all of which hereinafter may be collectively called “Rent.” In addition Tenant shall pay and be liable for, as Additional Rent, all rent, sales and use taxes or other similar taxes, if any, levied or imposed by any city, state, county or other governmental body having authority, such payments to be in addition to all other payments required to be paid to Landlord by Tenant under the terms and conditions of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount . Any such payments shall be comprised paid concurrently with the payments of the following: (i) Rent on which the tax is based. The Base Rent and Additional Rent for each calendar year or portion thereof during the Lease Term, shall be due and payable by Tenant for the Premises for in advance in monthly installments of the first (1st) full day of each calendar month of during the Lease Term following the and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of Additional Rent to Landlord without demand. If the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls commences on a day of the month other than the first day of such a month or if any rental payment is for terminates on a period which is shorter day other than one the last day of a month, then the rental installments of Base Rent and Additional Rent for any such fractional month or months shall be a proportionate amount of a full calendar month’s rental prorated, based on the proportion that the number of days in such fractional month bears month. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance or pursue any other available remedy. The acceptance by Landlord of an installment of Rent on a date after the due date of such payment shall not be construed to be a waiver of Landlord’s right to declare a default for any other late payment. All amounts received by Landlord from Tenant hereunder shall be applied first to the number of days in the calendar month during which such fractional month occursearliest accrued and unpaid Rent then outstanding. All other payments or adjustments required Tenant’s covenant to be made under the terms of this Lease that require proration on a time basis pay Rent shall be prorated on the same basis. For the avoidance independent of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateevery other covenant set forth in this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Alfacell Corp)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth Rent Payment Address specified in Section 3 12 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with , except as otherwise expressly provided in this Lease; provided, however, that upon Tenant’s execution and delivery of this LeaseLease to Landlord, Tenant shall deliver pay to Landlord an amount equal to $475,149.74the Prepaid Base Rent set forth in Section 7 of the Summary, which amount shall be comprised applied to the first monthly installment of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the pursuant to this Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) beginning on the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86Base Rent Commencement Date). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount daily basis for the period from the date such payment is due to the end of a full such calendar month’s rental based month or to the end of the Lease Term on the proportion that basis of the number of days in such fractional month bears to the actual number of days in the calendar month during which such fractional month occursapplicable month. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

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