Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 2 contracts
Additional Rent. Sublessee Tenant shall also pay (a) Tenant’s Proportionate Share of all costs and expenses paid or incurred by Landlord with respect to the ownership, management, repair, replacement, restoration, maintenance and operation of the Property, including, without limitation, the costs of Permitted Capital Expenditures (as additional rent hereinafter defined), and all insurance premiums for coverages carried by Landlord (the “Operating Expenses”); (b) Tenant’s Proportionate Share of all governmental taxes, assessments, fees and charges of every kind or nature due or assessed during the Term in connection with the ownership, leasing and operation of the Premises (“Taxes”); (c) any other amounts owed by Tenant hereunder; and (d) all sales tax imposed by any applicable governmental authority on Base Rent and any of the foregoing amounts (the sums described in (a) through (c), collectively, “Additional Rent”)) to Landlord, within twenty (20) days after demand thereforc/o Berger Commercial Realty Corp., all sums 00000 Xxxxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx 00000. Checks shall be made payable to Landlord. In the event any monthly installment of Base Rent or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenantor both, to Master Lessor under Paragraphs 4.D.(a) and (b) is not paid within 5 days of the Master Leasedate when due, and (c) the management fee charged by Master Lessor a late charge in an amount equal to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion 5% of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share then delinquent installment of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Base Rent and/or Additional Rent as for a default in (the payment of Base Rent. “Late Charge”; the Late Charge, Base Rent and Additional Rent are hereinafter sometimes shall collectively be referred to collectively as “Rent.”) shall be imposed with respect to the then-delinquent Rent payment. Tenant shall pay the Rent promptly when due, without notice or demand, and without any abatement, deduction or setoff. Tenant shall pay, as Additional Rent, its Proportionate Share (as stated in Section 1.10) of the Operating Expenses and Taxes. Landlord shall have the right to reasonably estimate the Operating Expenses and Taxes for each calendar year during the Term (the “Operating Year”). Upon Landlord’s notice to Tenant of such estimated amount, Tenant shall pay, on or before the first day of each month during that Operating Year, an amount equal to the estimate of Tenant’s Proportionate Share of Operating Expenses and Taxes divided by 12 (or the fractional portion of the Operating Year remaining at the time Landlord delivers its notice of
Appears in 2 contracts
Samples: Short Form Industrial Building Lease, Industrial Building Lease (Birks Group Inc.)
Additional Rent. Sublessee shall pay as additional rent (“Additional In accordance with the Sublease and Master Lease, in addition to the above Monthly Base Rent”), within twenty (20) days after demand thereforcommencing on the Commencement Date, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee Sub-Subtenant shall pay to Sublessor all sums Sub-Sublandlord Additional Rent, in monthly installments in advance on or before the first day of each full calendar month of the Term (or within three (3) business days of written demand by Sub-Sublandlord to Sub-Subtenant if the amounts are not a known amount), in excess of 2020 base year (other charges required than Monthly Base Rent under the Sublease and Master Lease). Additional Rent for any partial month shall be payable in advance and shall be prorated based on the actual number of days during the Sub-Sublease Term occurring in such month divided by the total number of days in such month. Sub-Sublandlord agrees to be paid by Sublessorprovide Sub- Subtenant with copies of invoices for Additional Rent from Sub-Landlord or Landlord, as tenantthe case may be, following receipt by Sub-Sublandlord. For the avoidance of doubt, Sub-Subtenant acknowledges and agrees that Sub-Subtenant is responsible for contracting directly with the applicable utility providers for all utilities that are separately metered to the Subleased Premises. To the extent any utilities are not separately metered to the Subleased Premises and are paid directly by Sub-Sublandlord (whether due to Sub-Sublandlord contracting with such providers directly, or due to Sub-Sublandlord reimbursing the Sublandlord or Master Lessor Landlord), Sub-Subtenant shall reimburse Sub-Sublandlord for all such utility costs within three (3) business days of Sub-Sublandlord’s delivery to Sub-Subtenant of an invoice for the same. Additionally, Sub-Subtenant acknowledges and agrees that Sub-Subtenant is responsible for the payment of all amounts payable by Sub-Sublandlord pursuant to the Sublease and/or Master Lease as applicable (other than Monthly Base Rent under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums Sublease and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, that are applicable to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master LeaseSubleased Premises, and Sub-Subtenant shall pay all such sums to Sub-Sublandlord within three (c3) the management fee charged by Master Lessor business days of Sub- Sublandlord’s delivery to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach Sub-Subtenant of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments an invoice for the Subleased Premises same. No past capital expenditures shall be tolled until the earlier of (x) such time as twentypassed on to Sub-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentSubtenant.”
Appears in 2 contracts
Samples: Sub Sublease Agreement (Pubmatic, Inc.), Sub Sublease Agreement (Pubmatic, Inc.)
Additional Rent. Sublessee In addition to Base Rent, Subtenant shall be responsible for all “Building Operating Expenses” and shall pay as additional rent (Sublandlord for all such Building Operating Expenses for which Sublandlord is responsible in accordance to the Master Lease Sections 3.2 through 3.3(d) inclusive, all such payments over and above the Base Rent to be considered “Additional Rent”);” provided, within twenty (20) however, that no Additional Rent shall be due or payable by Subtenant during the Free Rent Period. As of July 2013, the current Building Operating Expenses under the Master Lease are $0.351 per rentable square feet, or $4,721.58 per month. Subtenant acknowledges that the Building Operating Expenses are subject to increase and/or decrease throughout the Sublease Term, but only as and to the extent provided in the Master Lease. Subtenant shall reimburse and pay along with its Base Rent, the Building Operating Expenses as set out in the Master Lease, provided that Subtenant has received a written invoice from Sublandlord of the amount of Building Operating Expenses due under the Master Lease at least 30 days after demand therefor, all sums or other charges required to be paid by Sublessee in advance of their due date under this Sublease. During Subtenant shall also assume responsibility for any additional expenses described as the obligation of the Sublandlord in the Master Lease that result from Subtenant’s use of the Premises during the Term. Notwithstanding anything to the contrary contained in this Sublease, Subtenant shall not be required to pay any Rent that is (i) fairly allocable to any period of time before or after the Term (except as a result of any holdover by Subtenant after the expiration of the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid as otherwise provided in Paragraph 2(c) above), (ii) due as a result of any default by Sublessor, as tenant, to Master Lessor Sublandlord (through no fault of Subtenant) of any of Sublandlord’s obligations under the Master Lease, including without limitation(iii) payable as a result of the negligence or willful misconduct of Sublandlord or any of its employees, agents or contractors, or (aiv) all Real Property Taxesrelated to costs incurred in connection with the presence of any Hazardous Materials on or under the Subleased Premises, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating except to the Parking Areas extent caused by the introduction of the Hazardous Material in question by Subtenant or any of its agents, employees, contractors or invitees. Additionally, Sublandlord shall enforce on behalf of and Outdoor Areas, as such terms are defined below), (b) at the written request of Subtenant all audit rights of the “Additional RentTenant” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (bSection 3.3(a) of the Master Lease, and provided that Subtenant pays Sublandlord within fifteen (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (2015) days after written demand therefor (which written demand shall contain documentation in any and all reasonable detail evidencing the out-of-pocket costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement Sublandlord in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentenforcing such rights.”
Appears in 2 contracts
Samples: Sublease Agreement (Mobile Iron, Inc.), Sublease Agreement (Mobile Iron, Inc.)
Additional Rent. In addition to Monthly Base Rent, commencing on the Commencement Date and continuing each month thereafter throughout the remainder of the Term, Sublessee shall pay to Sublessor as additional rent under this Sublease (“Sublease Additional Rent”), at the time that Sublessee pays Monthly Base Rent or, if so notified by Sublessor in writing, within twenty (20) days after demand receipt of Sublessor’s invoice therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, one hundred percent (a100%) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense PaymentsSublessee’s Share”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) of all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (bSection 4.05(a) of the Master Lease, and hereinafter referred to as “Master Lease Additional Rent”) with respect to the Subleased Premises during the Term, including, without limitation, all taxes, assessments, fees and other impositions payable in accordance with the provisions of Article XI of the Master Lease, insurance in accordance with the provisions of Article VII of the Master Lease, operating charges and Common Area facility use privilege charges with respect to the amenities/athletic facility (cin lieu of any separate use charge to employees who use said facility, the baseball and soccer fields), as well as maintenance, repair and replacement costs and expenses, utility charges and other costs and charges allocable to the Common Area and the Common Area facilities and the Outside Areas of the Subleased Premises, all in accordance with the provisions of Article VI of the Master Lease, and any other charges, costs and expenses (including appropriate reserves therefor) which are contemplated or may arise under any provision of the management fee charged Master Lease during the Term, plus the Management Fee described in Section 4.05 (a) of the Master Lease, payable by Master Lessor to Sublessor under the Master Lease during the Term. Pursuant to Section 4.05(b) of the Master Lease, but expressly excluding Master Lessor is required to provide a “Lessor’s Statement” of the actual expenses for the Premises as compared to the estimated payments made throughout the applicable calendar period. Following Sublessor’s receipt of such Lessor’s Statement from Master Lessor, Sublessor shall promptly forward a copy to Sublessee, and there shall be an adjustment between Sublessor and Sublessee for any over- or under- payment of such Master Lease Additional Rent items for the preceding calendar period, with payment to Sublessor or credit to Sublessee against the next installment of Sublease Additional Rent (ior refund following the expiration of the Sublease Term), as the case may require, within thirty (30) days after Sublessor’s delivery of such reconciliation to Sublessee. Attached hereto as Exhibit E is a true and correct copy of the most recent reconciliation for the Subleased Premises received by Sublessor from Master Lessor. Pursuant to Section 4.07 of the Master Lease, Sublessor has a right to review supporting data for any “Basic Rent” due Lessor’s Statement. If, within ten (10) days after receipt of the Lessor’s Statement from Sublessor, Sublessee notifies Sublessor that Sublessee desires to review the supporting data and identifies for Sublessor those items it wishes to challenge, Sublessor shall forward to Master Lessor Sublessee’s statement prior to the end of the thirty (30)- day period identified in Section 4.07(1), and Sublessee may exercise the rights set forth in Section 4.07 in strict accordance therewith. If Sublessee does not timely meet the requirements of Section 4.07, or if Master Lessor does not comply with the provisions of Section 4.07, Sublessor shall have no liability to Sublessee with respect thereto other than the obligation set forth in Paragraph 24.A.(iv) below, and Sublessee shall indemnify Sublessor for any liability Sublessor incurs as tenanta result of Sublessee’s failure to comply with the provisions of Section 4.07 of the Master Lease. Except as otherwise provided in this Sublease, Sublessee also shall be responsible for payment of all other monetary obligations of Sublessor to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 terms of the Master Lease, including, without limitation, pursuant to Section 17.04, applicable to the Subleased Premises for the Term, except to the extent such Master Lease Additional Rent is incurred as a result of Sublessor’s default under the Master Lease or this Sublease. Sublessee also shall pay Sublessee’s own telephone, telecommunications, internet and data communications charges. All monies required to be paid by Sublessee under this Sublease (Bexcept for Monthly Base Rent, as defined in Paragraph 4.A.) repair or maintenance of the central courtyardshall be deemed Sublease Additional Rent, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same all rights and remedies for a default in the non-payment of Additional Rent same as it would have for a default in the non-payment of Monthly Base Rent. Monthly Base Rent and Sublease Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent.”” Notwithstanding anything to the contrary contained in this Sublease, if Sublessee elects to occupy the Subleased Premises for purposes of conducting business thereon prior to the Commencement Date, from and after such date Sublessee shall pay to Sublessor the Master Lease Additional Rent applicable to the Subleased Premises.
Appears in 2 contracts
Samples: Sublease (Biotech Spinco, Inc.), Sublease (PDL Biopharma, Inc.)
Additional Rent. Sublessee Subtenant shall pay to Sublandlord on the first day of each month during the Term, at the office of Sublandlord or at such other place as additional rent Sublandlord may designate, concurrent with Subtenant’s payment of Base Rent (without regard to any abatement of Base Rent above provided), and without demand, offset or deduction, the sum of $10,000.00 per month (the “Additional Rent”), within twenty as payment in full to Sublandlord of Subtenant’s share of the following sums payable by Sublandlord under the terms of the Lease:
(20i) days after demand therefor, all sums or other charges required to be paid payable by Sublessee Sublandlord on account of its maintenance and repair obligations under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (bSection 7.1(a) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee (A) if any of such costs are attributable solely to office space within the Demised Premises solely occupied by Sublandlord’s employees, Sublandlord shall pay 100% thereof, and (B) if any of such costs are attributable solely to a portion or portions of the Demised Premises entirely included within the Sublet Premises, Subtenant shall pay 100% thereof;
(ii) all sums payable by Sublandlord on account of service contracts maintained by Sublandlord pursuant to Section 7.1(b) of the Lease;
(iii) Lessee’s Capital Item Reimbursement Obligation payable pursuant to Section 7.1(d) of the Lease;
(iv) Real Property Taxes payable pursuant to Section 10.2 of the Lease (Subtenant agrees that it shall have no obligation right to reimburse Sublesssor for contest Real Property Taxes pursuant to Section 65 of the Addendum attached to the Lease);
(v) all sums payable by Sublandlord on account of utilities under Section 11 of the Lease (provided, that (A) if any (aa) replacement of an existing improvement in such costs are separately submetered and attributable solely to office space within the central courtyardDemised Premises solely occupied by Sublandlord’s employees, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval Sublandlord shall pay 100% thereof, which approval and (B) if any of such costs are separately submetered and attributable solely to a portion or portions of the Demised Premises entirely included within the Sublet Premises, Subtenant shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have pay 100% thereof); and
(vi) Lessor’s insurance premiums payable pursuant to Section 8.1 of the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentLease.”
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement (U.S. Auto Parts Network, Inc.)
Additional Rent. Sublessee In addition to the Base Rent under Paragraph 4 above, any and all charges, expenses or other sums Subtenant is required to pay under the terms of this Sublease, including, without limitation, any additional rent required under the Master Lease shall pay as be deemed additional rent (“Additional Rent,” and together with Base Rent and Additional Operating Costs, “Subtenant’s Rent”), within twenty (20) days after demand therefor, all sums or other charges required to and shall be paid by Sublessee Subtenant. Sublandlord shall have the same rights and remedies with respect to payment of Additional Rent as Sublandlord shall have with respect to the Base Rent. Subtenant shall remain responsible for Subtenant’s Rent and any other charges, expenses or other sums which first arise, accrue or are invoiced at any time during or after the expiration of the Sublease Term, whether by Sublandlord or Master Landlord, to the extent they arise or accrue with respect to any period during the Sublease Term from any liabilities or obligations of Subtenant under the provisions of this Sublease (including any obligations under the Master Lease which are incorporated herein as liabilities or obligations of Subtenant). Notwithstanding anything to the contrary set forth in this Sublease. During the Term, Sublessee Subtenant shall pay to Sublessor all sums or other charges not be required to be paid pay any Additional Rent, or to perform any obligation that is (i) allocable to any period of time prior to the Sublease Commencement Date or following the expiration or sooner termination of the Sublease (for any reason other than Subtenant’s default), (ii) allocable to any portion of the Master Premises other than the Sublease Premises, (iii) payable as a result of a default by Sublessor, as tenant, to Master Lessor Sublandlord of any of its obligations under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, or as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) a result of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default gross negligence or breach willful misconduct of Sublandlord or any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Buildingits agents, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) employees or more employees of Sublessee occupy any portion of the Buildingcontractors, or (yiv) are incurred for the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share sole and exclusive benefit of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentSublandlord.”
Appears in 2 contracts
Samples: Sublease Agreement (Halozyme Therapeutics Inc), Sublease Agreement (Avanir Pharmaceuticals)
Additional Rent. All monies other than Base Rent required to be paid by Sublessor under the Master Lease as to the Subleased Premises, including, without limitation, any amounts payable by Sublessor to Master Lessor as “Operating Expenses”, “Tax Expenses” and “Utilities Costs” (as defined in Section 4.2 of the Master Lease), shall be paid by Sublessee hereunder as and when such amounts are due under the Master Lease, as incorporated herein. Sublessee shall also pay to Sublessor any gross receipts or rent tax payable with respect to this Sublease and all costs directly incurred by or at the request of Sublessee, and Sublessor’s reasonable expenses reasonably allocable to the Subleased Premises, in maintaining the systems serving the Premises and the Subleased Premises in common and providing utility service to the Premises and Subleased Premises in common to the extent not included in Operating Expenses (excluding any capital improvements or expenditures except to the extent amortized over their useful lives as reasonably determined by Sublessor). All such amounts shall be deemed additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent”. Notwithstanding anything to the contrary in the Sublease, (i) Sublessee shall not be required to pay any Rent or perform any obligation that is required as a result of a default by Sublessor of any of its obligations under the Master Lease (except to the extent such default was due to the negligence, willful misconduct or violation of this Sublease by Sublessee) or the misuse, negligence or willful misconduct of or by Sublessor or its agents, contractors or invitees or the violation of law by Sublessor, in each case not caused by Sublessee, and (ii) Sublessee shall not be required to pay any cost to construct the Tenant Improvements (or any other improvements constructed by or for Sublessor), the Additional Allowance or the Amortization Rent under the Master Lease or Hazardous Materials brought onto the Premises, Building or Project by Sublessor.”
Appears in 2 contracts
Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
Additional Rent. Sublessee During the Sublease Term, if Sublandlord shall pay as be charged for additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required sums pursuant to be paid by Sublessee under this Sublease. During any of the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under provisions of the Master Lease, including including, without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense PaymentsExpenses”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) Section 7.2 of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessorreal property taxes, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained set forth in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 6.2 of the Master Lease, (B) repair or maintenance as each is incorporated herein by reference, but excepting those sums incurred by Sublandlord as a result of Sublandlord’s breach of the central courtyardMaster Lease, Subtenant shall pay, as “Additional Rent,” 100% of such additional rent or sums that relate to the Subleased Premises, and if the same cannot be so allocated then 40.3% of those charges that relate generally to Building 170 or 23.68% of those charges that relate generally to the Master Premises (C) repairas applicable, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor“Subtenant’s Share”); provided, however, that Sublessee Subtenant shall have no obligation be entitled to reimburse Sublesssor for a proportional share of any (aa) replacement refund of an existing improvement such additional rent or sums received by Sublandlord from Master Landlord in accordance with Section 7.4 of the central courtyardMaster Lease. If Subtenant shall procure any additional services from Master Landlord, or (bb) construction if additional rent or installation of any new improvement in the central courtyardother sums are incurred for Subtenant’s sole benefit, if Sublessor had not first obtained Sublessee’s written approval thereofSubtenant shall make such payment to Sublandlord or Master Landlord, which approval as Sublandlord shall direct, and such charges shall not be unreasonably withheldprorated between Sublandlord and Subtenant. Any other rent or other sums payable by Subtenant under this Sublease shall constitute and be due as additional rent. So long as Sublandlord timely provided Subtenant with an estimate of such Additional Rent in accordance with the terms of Section 7.3 of the Master Lease, conditioned or delayed by Sublesseeall Additional Rent that is payable to Sublandlord shall be paid at the time and place that Base Rent is paid, except as otherwise provided in this Sublease. Sublessor shall Sublandlord will have the same remedies for a default in the payment of any Additional Rent as for a default in the payment of Base Rent. Together, Base Rent, Additional Rent and Additional Rent any other sums due hereunder from Subtenant are hereinafter sometimes referred to collectively in this Sublease as “Rent”. Sublandlord shall include with any bills for Additional Rent appropriate back up materials for such amounts. In the event that Subtenant disputes or questions any xxxx from Sublandlord for Additional Rent, Sublandlord and Subtenant agree to act in a commercially reasonable fashion and in good faith to resolve any such disputed or questioned bills. In addition to the foregoing, Sublandlord shall deliver to Subtenant a copy of Master Landlord’s notice of Operating Expenses (as set forth in Sections 7.3 and 7.4 of the Master Lease) promptly following Sublandlord’s receipt thereof, and a copy of the results of any audit of Master Landlord’s records Sublandlord, in its sole discretion, elects to perform in accordance with the Master Lease.”
Appears in 2 contracts
Samples: Sublease (Threshold Pharmaceuticals Inc), Sublease (Exelixis Inc)
Additional Rent. Sublessee In addition to Base Rent, Subtenant shall also pay as additional rent (“Additional Rent”), within twenty (20) days after demand thereforto Wind River, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, Subtenant's Proportionate Share (as tenant, to Master Lessor under the Master Lease, including without limitation, defined below) of Property Taxes and Operating Expenses (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such those terms are defined below), (b) all “Additional Rent” (as defined in Paragraph 4 of the Master Lease) and all other costs incurred by Wind River in performing to its obligations under the Master Lease as they relate to the Sublease Premises, other than costs due from Sublessorto Sublandlord's gross negligence or willful misconduct or violation of the Master Lease (except if such violation is caused by Subtenant) ("Additional Rent"). Notwithstanding the foregoing or anything to the contrary in this Sublease, any Additional Rent that is (i) payable as tenanta result of a default by Subtenant or as a result of the negligence or willful misconduct of Subtenant or any of its agents, employees or contractors, or (ii) incurred for the sole benefit of Subtenant or the Sublease Premises shall not be pro rated between Wind River and Subtenant and shall be the sole responsibility of Subtenant. Additional Rent shall be payable by Subtenant following three (3) days prior notice by Wind River, and otherwise no less than five (5) business days prior to the date Wind River must pay such amounts to Master Lessor under Paragraphs 4.D.(a) Landlord. As used herein, Subtenant's Proportionate Share shall be equal to a fraction, the numerator of which is the rentable square footage of the Sublease Premises, the denominator is which is 44,000. Upon Subtenant's request, Sublandlord shall exercise Sublandlord's right to audit the Master Landlord's determination of Property Taxes and (b) Operating Expenses in accordance with Paragraph 4 of the Master Lease, and ; provided that (ci) Subtenant shall pay for the management fee charged by costs of such audit (unless Master Lessor to Sublessor under Landlord is liable therefor in accordance with Paragraph 4 of the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late chargesovercharge or undercharge determined from such audit will be allocated to Subtenant in Subtenant's Proportionate Share. In the event Sublandlord independently decides to audit Master Landxxxx'x xetermination of Property Taxes and Operating Expenses at its expense, default interest and other penalties due any overcharge or undercharge determined from Sublessor, as tenant, such audit will be allocated to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained Subtenant in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentSubtenant's Proportionate Share.”
Appears in 2 contracts
Samples: Net Office Tech Lease (Silicon Energy Corp), Net Office Tech Lease (Silicon Energy Corp)
Additional Rent. Sublessee This Lease is intended by the parties hereto to be a so-called “net” lease, to the end that the Basic Rent shall pay be received by Landlord net of all costs and expenses related to the Premises as set forth in this Lease, and net of Tenant’s Share, as hereinafter defined, of all Common Expenses. The same shall be paid to Landlord commencing on the Term Commencement Date, and thereafter upon demand as additional rent (sometimes referred to as “Additional Rent”), within twenty in the same manner as Basic Rent. For the purposes hereof, the term “Park” shall mean the Building and those other buildings currently owned by Landlord and numbered 200, 500 and 800 Research Drive. Landlord shall, in its commercially reasonable discretion, make such allocations as Landlord may deem appropriate of expenses between Common Areas of the individual buildings and those of the Park as a whole, so long as such allocations are computed on a commercially reasonably basis throughout the Term. Currently, the Park expenses include the costs of landscaping Research Drive (20of which the Building’s share is 16.09%), and the costs of maintaining and repairing the water booster station serving the Park (of which the Building’s share is 19.20%). The “Tenant’s Share” of the common areas of the Building is 40.62% (being the ratio of the rentable square footage of the Premises (40,751) days after demand thereforto the rentable square footage of the Building (100,256)), all sums or other charges required provided, however, that with respect only to be paid by Sublessee under this Sublease. During the first twelve months of the Term, Sublessee Tenant’s Share shall mean 26.91% (being the ratio of 27,000 to the rentable square footage of the Building). In addition to paying Tenant’s Share of Common Expenses, Tenant will pay to Sublessor all sums Landlord as Additional Rent for each calendar year (or other charges required to be paid by Sublessorportion thereof) a commercially reasonable property management fee, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding not exceed (i) any “3% of Tenant’s Basic Rent” due from Sublessor, as tenant, to Master Lessor under Rent for the Master Leasecalendar year in question during the first two (2) years of the Term, and (ii) 4.0% of Tenant’s Basic Rent for the calendar year in question thereafter. In addition to Common Expenses, Tenant shall also pay as Additional Rent, promptly upon being billed therefor by Landlord, any late and all charges, default interest and other penalties due from Sublessorcosts, as tenant, to Master Lessor under the Master Lease expenses provided the same are not caused by the default or breach of any of Sublessee’s obligations contained for in this Sublease. Sublessor shall not charge Subtenant Lease, and obligations as Landlord may from time to time incur at the request of Tenant (or as a management fee result of Tenant’s failure to perform its obligations as provided herein) with regard to the BuildingPremises or the operation or maintenance thereof (to the extent not properly included in Common Expenses), other than except as otherwise expressly agreed in this Lease, including, without limiting the management fees charged by Master Lessor under the Master Lease. Notwithstanding generality of the foregoing, Sublessee’s obligation to pay Operating Expense Payments for reasonable attorneys’ fees incurred by Landlord in connection with any subleases and assignments of this Lease requested by Tenant and in connection with the Subleased Premises shall be tolled until the earlier enforcement of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion rights and pursuit of the Building, remedies of Landlord under this Lease (whether during or (y) after the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 expiration or termination of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by SublessorTerm); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 2 contracts
Samples: Lease (ConforMIS Inc), Lease Agreement (ConforMIS Inc)
Additional Rent. Sublessee In addition to the Base Rent under Paragraph 4 above, any and all charges, expenses or other sums Subtenant is required to pay under the terms of this Sublease, including, without limitation, any additional rent required under the Master Lease shall pay as be deemed additional rent (“Additional Rent,” and together with Base Rent, “Subtenant’s Rent”), within twenty (20) days after demand therefor, all sums or other charges required to and shall be paid by Sublessee Subtenant. Sublandlord shall have the same rights and remedies with respect to payment of Additional Rent as Sublandlord shall have with respect to the Base Rent. Subtenant shall remain responsible for Subtenant’s Rent and any other charges, expenses or other sums which first arise, accrue or are invoiced at any time during or after the expiration of the Sublease Term, whether by Sublandlord or Master Landlord, to the extent they arise or accrue with respect to any period during the Sublease Term from any liabilities or obligations of Subtenant under the provisions of this Sublease (including any obligations under the Master Lease which are incorporated herein as liabilities or obligations of Subtenant). Notwithstanding anything to the contrary set forth in this Sublease. During the Term, Sublessee Subtenant shall pay to Sublessor all sums or other charges not be required to be paid pay any Additional Rent, or to perform any obligation that is (i) allocable to any period of time prior to the Sublease Commencement Date or following the expiration or sooner termination of the Sublease (for any reason other than Subtenant’s default), (ii) allocable to any portion of the Master Premises other than the Sublease Premises, (iii) payable as a result of a default by Sublessor, as tenant, to Master Lessor Sublandlord of any of its obligations under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, or as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) a result of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default gross negligence or breach willful misconduct of Sublandlord or any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Buildingits agents, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) employees or more employees of Sublessee occupy any portion of the Buildingcontractors, or (yiv) are incurred for the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share sole and exclusive benefit of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentSublandlord.”
Appears in 2 contracts
Samples: Sublease Agreement (Halozyme Therapeutics Inc), Sublease Agreement (Avanir Pharmaceuticals)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or All monies other charges than Base Rent required to be paid by Sublessee Sublessor under this Sublease. During the TermMaster Lease as to the Subleased Premises, Sublessee including, without limitation, any amounts payable by Sublessor to Master Lessor as “Direct Expenses” (as defined in Section 4.2.2 of the Master Lease) shall pay to Sublessor all sums or other charges required to be paid by Sublessor, Sublessee hereunder as tenant, to Master Lessor and when such amounts are due under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which as incorporated herein. Sublessee shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from also pay Sublessor, as tenantwithin thirty (30) days of request by Sublessor, to Master Lessor under Paragraphs 4.D.(a) and fifty percent (b50%) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor’s cost of providing daily janitorial services, as tenantand 100% of nightly and weekend janitorial services, and sixty seven percent (65%) of Sublessor’s cost of utilities to Master Lessor under the Premises pursuant to Section 6.1 of the Master Lease, and (ii) any late charges, default interest and Sublessor’s cost of providing other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard services to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for Premises that benefit the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share maintenance of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessorsystems therein); provided, however, that Sublessee shall have no obligation pay the entire cost of such amounts to reimburse Sublesssor for any (aa) replacement the extent due to the misuse or excess use or negligence, willful misconduct or violation of an existing improvement in the central courtyardthis Sublease by Sublessee or its agent, employee, or contractor. All such amounts shall be deemed additional rent (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of “Additional Rent as for a default in the payment of Base Rent”). Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent”. Sublessee and Sublessor agree, as a material part of the consideration given by Sublessee to Sublessor for this Sublease, that Sublessee shall pay all costs, expenses, taxes, insurance, maintenance and other charges of every kind and nature arising in connection with this Sublease, the Master Lease as to the Subleased Premises, or the Subleased Premises, such that Sublessor shall receive, as a net consideration for this Sublease, the Base Rent payable under Paragraph 4.A. hereof.”
Appears in 2 contracts
Samples: Sublease (Twist Bioscience Corp), Sublease (Twist Bioscience Corp)
Additional Rent. (a) Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required covenants and agrees to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required as Rent for the Premises during the term of this Sublease an amount equal to be paid the Rent payable by Sublessor, as tenant, Sublessor to Master Lessor under the Master Lease, including payable in equal monthly installments, in advance, on the first day of each and every month during the term of this Sublease, without limitationnotice, demand, offset, or counterclaim. The parties acknowledge and agree that Sublessor shall as of the Commencement Date hereof tender to Sublessee all portions of the Premises. Sublessee and Sublessor agree that the rent payable during the term of this Sublease is $315,343.30 per annum, payable in installments of $26,278.61 per month (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below"Rent"), .
(b) all “Additional Rent” (as defined in the Master Lease) due from Sublessee further covenants and agrees to pay to Sublessor, as tenantadditional rent, without notice, demand, offset, or counterclaim, any and all payments owing with regard to Master Lessor under Paragraphs 4.D.(a) operating and (b) of the Master Leasemaintenance expenses, real estate taxes, and (c) other costs or sums to the management fee charged extent payable by Master Lessor to Sublessor under the Master LeaseLease with respect to or attributable to the Premises. Any and all statements, but expressly excluding (i) any “Basic Rent” due from Sublessor, xxxxxxxx and calculations of such amounts as tenant, to prepared or submitted by or an behalf of Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard be binding upon Sublessee to the Building, other than the management fees charged by Master Lessor extent Sublessor is bound under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises All payments shall be tolled until due within 15 days of each invoice therefore by Sublessor (which invoice should be accompanied by the earlier of (x) corresponding invoice from Master Lessor to Sublessor for such time as twenty-five (25) or more employees of Sublessee occupy any portion amount). It is the intention of the Buildingparties to this Sublease that all charges with respect to or attributable to the Premises or Sublessee's use or occupancy of same shall be passed through to Sublessee, or (y) the Commencement Date. Moreover, and Sublessee covenants and agrees to pay its proportionate share same to Sublessor accordingly. Sublessee's obligations hereunder shall survive the expiration or earlier termination of any costs this Sublease.
(c) Sublessee shall pay interest at the rate of twelve percent (12%) per annum on each payment of Rent and expenses incurred additional rent received by Sublessor for more than five (A5) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) business days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing such payment is due, accrued from the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation end of such 5 day period to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed date such payment is made by Sublessee. Sublessor Rent and additional rent shall have be paid at Sublessor's notice address as set forth below. If the same remedies for term of this Sublease begins on a default in day other than the payment first day of Additional Rent as for a default in month or ends on a day other than the payment last day of Base Rent. a month, Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentadditional rent will be prorated on a per them basis.”
Appears in 1 contract
Additional Rent. Sublessee In addition to the Base Rent under Paragraph 4 above as well as the additional payment obligations set forth in Paragraph 1(e), any and all charges, expenses or other sums Subtenant is required to pay under the terms of this Sublease, including, without limitation, any additional rent required under the Master Lease, shall pay as be deemed additional rent (“Additional Rent,” and together with Base Rent, “Subtenant’s Rent”), within twenty (20) days after demand therefor, all sums or other charges required to and shall be paid by Sublessee under this SubleaseSubtenant. During Sublandlord shall have the same rights and remedies with respect to payment of Additional Rent as Sublandlord shall have with respect to the Base Rent. Subtenant shall remain responsible for Subtenant’s Rent and any other charges, expenses or other sums which first arise, accrue or are invoiced at any time during or after the expiration of the Sublease Term, Sublessee whether by Sublandlord or Master Landlord, to the extent they arise or accrue with respect to any period during the Sublease Term from any liabilities or obligations of Subtenant under the provisions of this Sublease (including any obligations under the Master Lease which are incorporated herein as liabilities or obligations of Subtenant). Except as expressly set forth in Section 1(e) above, Subtenant shall pay to Sublessor all sums or other charges not be required to be paid pay any Additional Rent, or to perform any obligation that is (i) allocable to any period of time prior to the Sublease Commencement Date or following the expiration or sooner termination of the Sublease (for any reason other than Subtenant’s default), (ii) allocable to any portion of the Master Premises other than the Sublease Premises, (iii) payable as a result of a default by Sublessor, as tenant, to Master Lessor Sublandlord of any of its obligations under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, or as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) a result of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default gross negligence or breach willful misconduct of Sublandlord or any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Buildingits agents, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) employees or more employees of Sublessee occupy any portion of the Buildingcontractors, or (yiv) are incurred for the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share sole and exclusive benefit of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentSublandlord.”
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Additional Rent. Sublessee In addition to the Base Rent, commencing on the Rent Commencement Date and thereafter throughout the Term of the Sublease, Subtenant shall pay as additional rent Subtenant's Proportionate Share (defined below) of Additional Rent which Sublandlord is obligated to pay to Master Landlord under the Master Lease (“Additional RentOperating Expenses”), within twenty (20) days after demand therefor, all sums or other charges required with respect to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay including, but not limited to, Master Landlord’s monthly management fee equal to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor three percent (3%) of Sublandlord’s “Base Monthly Rent” under the Master Lease, including without limitation, (a) all Real Property Taxesproperty taxes, insurance premiums and common area expenses required maintenance costs. All Operating Expenses and other sums payable by Subtenant hereunder shall be deemed to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” . Notwithstanding the foregoing, Subtenant shall not be obligated to pay for those sums which (as defined in the Master Leasex) due result from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged a default by Master Lessor to Sublessor Sublandlord under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, except to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not extent caused by the default acts or breach omissions of any of Sublessee’s obligations contained Subtenant or (y) are not related in this Sublease. Sublessor shall not charge Subtenant a management fee with regard whole or in part to the Building, other than Sublease Premises. Subtenant’s “Proportionate Share” shall be one hundred percent (100%) as Subtenant is subleasing the management fees charged entire premises leased by Master Lessor Sublandlord under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises Said sums (including any estimates of such sums) shall be tolled until paid to Sublandlord at the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor times required pursuant to Section 54 the terms and conditions of the Master Lease. The estimated Operating Expenses for the calendar year 2016 is $14,660.10 per month. Subject to and without limiting the exclusions set forth above in this Section 5, (B) repair or maintenance Subtenant shall also be responsible to pay for any additional charges and expenses imposed by Master Landlord pursuant to the terms of the central courtyard, Master Lease and (C) repair, maintenance, replacement or new construction related specifically to Subtenant’s use and occupancy of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand the Sublease Premises during the Term. All sums payable pursuant to this section shall contain documentation in reasonable detail evidencing the costs be considered Additional Rent payable under this Sublease and expenses incurred by Sublessor); provided, however, that Sublessee Sublandlord shall have no obligation all rights and remedies available hereunder for the failure to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of pay such Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Samples: Sublease (Mobileiron, Inc.)
Additional Rent. Sublessee 3.2.1 Except as otherwise expressly provided in this Lease (including, without limitation, as provided with respect to Capital Repair Costs in Section 11.2.2), the Base Rent shall pay be net to Landlord, and thus all impositions, insurance premiums, utility charges, maintenance, repair and replacement expenses, payments or charges under covenants, conditions and restrictions now or hereafter of record, all expenses relating to compliance with Legal Requirements, and all other costs, fees, charges, expenses, reimbursements and obligations of every kind and nature whatsoever relating to the Premises (excepting only Landlord’s obligations expressly set forth in this Lease) which may arise or become due to Landlord or third parties during the Term or by reason of events occurring during the Term of this Lease shall be paid or discharged by Tenant, at Tenant’s sole cost and expense (all charges payable by Tenant other than Base Rent, however denoted, hereinafter being collectively referred to as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are sometimes hereinafter sometimes collectively referred to collectively as “Rent” or “Rents.”
3.2.2 Together with, and in addition to, any payment of Rent or other sum(s) payable to or for the benefit of Landlord under this Lease, Tenant shall pay to Landlord, further as Additional Rent, a sum equal to the aggregate of any excise, sales, occupancy, franchise, privilege, rental, or transaction privilege tax on, or of any similar tax now or in the future levied, assessed, or imposed by any governmental authority upon, Landlord or the Premises as a result (and to the extent) of payments comprising Rent under this Lease, or as a result of Tenant’s use or occupancy of the Premises.
Appears in 1 contract
Samples: Lease Agreement
Additional Rent. Sublessee shall (a) Subtenant agrees to pay to Sublandlord, as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During , the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid amount of any additional rent payable by Sublessor, as tenant, to Master Lessor Sublandlord under the Master LeaseXxxxxxxxx (to the extent related to Subtenant’s use or occupancy of the Subleased Premises, including including, without limitation, pursuant to Sections 5.2 and 5.3 of the Xxxxxxxxx. It is agreed that any amounts payable by the Sublandlord under the Xxxxxxxxx (aincluding, without limitation, those payable pursuant to Sections 5.2 and 5.3 of the Xxxxxxxxx) all Real Property Taxesthat are not specifically attributable to either the Subleased Premises or the remainder of the Main Premises, insurance premiums shall be deemed attributable to the Subleased Premises and common included in Additional Rent in the same proportion as the rentable area expenses required of the Subleased Premises bears to the rentable area of the Main Premises (“Subtenant’s Share”, which, for the purposes of this Sublease, the parties agreed shall be deemed to be paid 24.21%). For purposes of this Sublease, Operating Costs shall, in addition to Master Lessor thereunder (collectivelythose amounts payable under Section 5.2 of the Xxxxxxxxx, “include those costs that are incurred by Sublandlord to the extent such costs would be permitted as Operating Expense Payments”, and which Costs had they been charged by Overlandlord. Operating Costs shall include expenses relating the costs of the services provided by Sublandlord as more particularly set forth on Schedule 6(a) hereto (“Sublandlord Services”). Notwithstanding anything to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined contrary in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to , the Building, other than the commercially reasonable management fees charged incurred by Master Lessor under Sublandlord (not to exceed 3% of gross rents from the Master Lease. Notwithstanding property, plus reimbursable) in connection with the foregoing, Sublessee’s obligation to pay Operating Expense Payments for operation and maintenance of the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion included in Operating Costs and Subtenant shall pay Subtenant’s Share of the Buildingsame. For purposes of this Sublease, “Additional Rent” means any and all sums (whether or (y) the Commencement Date. Moreovernot specifically designated as “Additional Rent” in this Sublease), Sublessee agrees other than Monthly Base Rent, that Subtenant is or becomes obligated to pay its proportionate share to Sublandlord under this Sublease. Subtenant shall have the right to inspect, at reasonable times and in a reasonable manner, during the ninety (90) day period following the delivery of any Sublandlord’s statement of the actual amount of Operating Costs, such of Sublandlord’s books of account and records as pertain to and contain information concerning such costs and expenses incurred in order to verify the amounts thereof. Subtenant agrees that any information obtained during an inspection by Sublessor Subtenant of Sublandlord’s books of account and records shall be kept in confidence by Subtenant and its agents and employees and shall not be disclosed to any other parties, except to Subtenant’s attorneys, accountants and other consultants. Any parties retained by Subtenant to inspect Sublandlord’s books of account and records shall not be compensated on a contingency fee basis. If Subtenant shall not dispute any item or items included in the determination of Operating Expenses for a particular Sublease Year by delivering a written notice to Sublandlord generally describing in reasonable detail the basis of such dispute within sixty (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (2060) days after written demand therefor (which written demand the statement for such year was delivered to it, Subtenant shall contain documentation in reasonable detail evidencing be deemed to have approved such statement. During the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation pendency of any new improvement in the central courtyarddispute over Operating Expenses, if Sublessor had not first obtained SublesseeSubtenant shall pay, under protest and without prejudice, Subtenant’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed Share of Operating Costs as calculated by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentSublandlord.”
Appears in 1 contract
Additional Rent. Sublessee In addition to the Monthly Rent, Tenant shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During Tenant's Percentage of the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by SublessorCommon Area Operating Expenses, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined provided in PARAGRAPH 6 below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation or anything to pay the contrary contained herein, in the event that it would be materially inequitable to charge Tenant Tenant's Percentage of the Common Area Operating Expense Payments Expenses (for example, as a result of materially different and/or more intensive uses of the Subleased Premises Project by Tenant or other tenants at the Project), Landlord shall be tolled until the earlier of (x) allocate such time as twenty-five (25) or more employees of Sublessee occupy any portion of the BuildingCommon Area Operating Expenses on an equitable basis rather than based on Tenant's Percentage. All amounts which Tenant is required to pay or discharge pursuant to this Lease in addition to Monthly Rent, including, but not limited to all sums owed by Tenant to Landlord or paid to third parties by Landlord on behalf of Tenant, together with every fine, penalty, interest and cost which may be added for non-payment or late payment under this Lease or pursuant to applicable law, shall constitute "ADDITIONAL RENT." Additional Rent shall be paid directly to Landlord at the address specified herein, or (y) the Commencement Dateat such other place, as Landlord may designate, in writing. Moreover, Sublessee agrees If Tenant fails to pay its proportionate share of or discharge any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master LeaseAdditional Rent, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee Landlord shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement all rights, powers and remedies provided herein or by law as in the central courtyard, or (bb) construction or installation case of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the non-payment of Additional Rent as for a default in the payment of Base Monthly Rent. Base Monthly Rent and Additional Rent are hereinafter shall sometimes be collectively referred to collectively herein as “Rent"RENT.”"
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Additional Rent. Sublessee shall pay as additional rent (“Additional In addition to Base Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall also pay to Sublessor the entirety of all sums or other charges required to be paid costs payable by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding except for any costs for services, repairs or maintenance which are not made at the request or for the benefit of Sublessee (i) "ADDITIONAL RENT"). In addition, at all times during the term of this Sublease, Sublessor shall maintain direct contracts, in Sublessor's own name, with the relevant utility provider, for the provision of any “Basic Rent” utilities to the Premises, including, without limitation, for utilities such as electricity, water and heating. Sublessor shall invoice Sublessee for the costs of the utilities provided under such contracts, and Sublessee shall pay such amounts as Additional Rent pursuant to the terms of this Section 3.(b). Additional Rent shall be payable to Sublessor as and when payments are due from Sublessor, as tenant, Sublessor pursuant to Master Lessor under the Master Lease, and but at least five (ii5) any late charges, default interest and other penalties due from Sublessor, as tenant, business days prior to the date Sublessor must pay such amounts to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Lessor. Sublessee’s obligations contained in this Sublease
1. shall further pay to Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of Additional Rent any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant applicable to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (Sublease Premises which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred are paid directly by Sublessor), including, but not limited to, utilities, personal property taxes and real property taxes; provided, however, that Sublessee shall have no obligation with respect to reimburse Sublesssor any of such costs which are incurred solely for any (aa) replacement the benefit of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base RentSublessor. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent"RENT.”" Sublessee shall be entitled to, and benefit from, any rental abatement granted Sublessor under the Master Lease for whatever reason to the extent that such abatement relates to the Subleased Premises and the term of this Sublease.
Appears in 1 contract
Samples: Sublease Agreement (Vari L Co Inc)
Additional Rent. Sublessee shall pay as additional rent (“Additional In addition to Base Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall also pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “entirety of Tenant's Share of Common Area Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” Expenses (as that term is defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease), and (c) the management fee charged all other costs payable by Master Lessor to Sublessor under the Master Lease, but expressly excluding except for any costs for services, repairs or maintenance which are not made at the request or for the benefit of Sublessee (i) "ADDITIONAL RENT"). In addition, at all times during the term of this Sublease, Sublessor shall maintain direct contracts, in Sublessor's own name, with the relevant utility provider, for the provision of any “Basic Rent” utilities to the Premises, including, without limitation, for utilities such as electricity, water and heating. Sublessor shall invoice Sublessee for the costs of the utilities provided under such contracts, and Sublessee shall pay such amounts as Additional Rent pursuant to the terms of this Section 3.(b). Additional Rent shall be payable to Sublessor as and when payments are due from Sublessor, as tenant, Sublessor pursuant to Master Lessor under the Master Lease, and but at least five (ii5) any late charges, default interest and other penalties due from Sublessor, as tenant, business days prior to the date Sublessor must pay such amounts to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this SubleaseLessor. Sublessee shall further pay to Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of Additional Rent any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant applicable to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (Sublease Premises which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred are paid directly by Sublessor), including, but not limited to, utilities, personal property taxes and real property taxes; provided, however, that Sublessee shall have no obligation with respect to reimburse Sublesssor any of such costs which are incurred solely for any (aa) replacement the benefit of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base RentSublessor. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent"RENT.”" Sublessee shall be entitled to, and benefit from, any rental abatement granted Sublessor under the Master Lease for whatever reason to the extent that such abatement relates to the Subleased Premises and the term of this Sublease.
Appears in 1 contract
Samples: Sublease (Vari L Co Inc)
Additional Rent. In addition to Base Monthly Rent, Sublessee shall pay to Sublessor all amounts payable with respect to the Subleased Premises by Sublessor to Master Lessor under the Master Lease (other than Base Monthly Rent), including, but not limited to, all amounts payable to Master Lessor as additional rent (“"Additional Rent”" (as set forth in Section 4 of the Master Lease), within twenty (20) days after demand therefor, all sums or . All monies other charges than Base Monthly Rent required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessorincluding, as tenant, to Master Lessor under the Master Lease, including without limitation, any amounts payable by Sublessor to the Master Lessor as "Additional Rent" shall be deemed additional rent (a"Additional Rent") all Real Property Taxes, insurance premiums for purposes of this Sublease and common area expenses required to shall be paid to Sublessor within ten (10) days of receipt from Sublessor of written notice and copy of the Master Lessor's statement for each item of Additional Rent. Base Monthly Rent and Additional Rent are collectively referred to herein as "Rent". Upon receipt from the Master Lessor thereunder of a reconciliation of Additional Rent payable for the current lease year (collectively, “Operating Expense Payments”, and which shall include expenses relating pursuant to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (bSection 4(IV) of the Master Lease), Sublessor and Sublessee shall prorate between them any credit and allocate any underpayment due on the basis of the number of months of the Sublease Term which are included in the applicable lease year. Within eight (c) 8) days of receipt of the management fee charged by Master Lessor Lessor's billing for any underpayment, Sublessee shall pay Sublessee's share of such underpayment to Sublessor under as hereinabove provided. Notwithstanding anything in this Subsection 4.2 to the Master Leasecontrary, but expressly excluding (i) Sublessee shall not be liable hereunder for the payment of any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, amounts payable by Sublessor to Master Lessor under the Master Lease provided as a result of Sublessor's default under the same are not Master Lease unless Sublessor's default was directly or indirectly caused in whole or in part by the default or breach of Sublessee's failure to perform in a timely manner any of Sublessee’s 's duties or obligations contained in under this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Samples: Sublease (Ultratech Stepper Inc)
Additional Rent. Sublessee (a) In addition to the Base Rent set forth above, commencing on the Commencement Date, Subtenant shall pay to Sublandlord as additional rent (“"Additional Rent”"), within the following:
(i) additional rent equal to twenty five percent (2025%) days after demand therefor("Subtenant's Proportionate Share") of all amounts payable by Sublandlord, all sums or other charges required if any, pursuant to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, Master Lease for porters wage rate escalations (as tenant, to Master Lessor under set forth in Article 22 of the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” except that for purposes of this Sublease the Base Wage Rate (as defined in the Master Lease) due from Sublessorshall be the Base Wage Rate in effect for calendar year 2003;
(ii) additional rent equal to Subtenant's Proportionate Share of all amounts payable by Sublandlord on account of electricity, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) set forth in Article 23 of the Master Lease, except that Subtenant shall have the right, at any time during the term of this Sublease, at Subtenant's sole cost and expense and in accordance with all laws and requirements of governmental authority and in compliance with the Master Lease, to install a submeter which measures consumption of electricity within the Premises only, and, upon the installation and commencement of operation thereof Subtenant shall no longer be required to pay to Sublandlord Subtenant's Proportionate Share of electricity charges and shall thereafter commence paying for electricity usage as measured by such submeter to Sublandlord based upon the actual readings as shown on such meter from time-to-time. Subtenant, at its sole cost and expense, shall be required to maintain said meter in good operating condition;
(ciii) additional rent equal to Subtenant's Proportionate Share of any Real Estate Taxes (as defined in the Master Lease) as set forth in Section 22.01 of the Master Lease, except that for purposes of this Sublease, Subtenant's Tax Base Factor shall be deemed to be actual Real Estate Taxes for the period July 1, 2003 to June 30, 2004;
(iv) additional rent equal to Subtenant's Proportionate Share of any and all additional rent payable by Sublandlord under any other provisions of the Master Lease to the extent the same relates to the Premises or is incurred by Subtenant;
(v) the management fee charged cost of any additional services or materials requested of Landlord by Master Lessor or on behalf or at the request of Subtenant; and
(vi) any other amounts payable by Subtenant pursuant to Sublessor the provisions of this Sublease.
(b) The aforesaid Additional Rent shall be payable by Subtenant to Sublandlord upon the later of (i) five (5) days prior to the date Sublandlord, as tenant under the Master Lease, but expressly excluding (i) any “Basic is required to make a corresponding payment, if any, for each item of Additional Rent” due from Sublessor, as tenant, to Master Lessor under the Master LeaseLandlord, and or (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor presentation by Sublandlord to Subtenant of the bills therefor, whether issued during or after the term of this Sublease. This paragraph 3 shall survive the expiration or earlier termination of this Sublease.
(which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aac) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes is referred to in this Sublease collectively as “"Rent".”
Appears in 1 contract
Additional Rent. (a) In addition to Base Rent and the other amounts provided for in this Sublease, Sublessee shall be responsible for paying any amounts charged by Landlord or incurred by Sublessor under the Lease on account of any additional services that are not included in Operating Expenses under the Lease which are requested or incurred by Sublessee and provided by Landlord or Sublessor in respect of the Sublease Premises, including, but not limited to, additional cleaning charges, additional HVAC or overtime charges for HVAC, excess use charges for electricity, water or other utilities, security services, supplies and materials, freight elevator services, parking charges, and construction or construction-related charges. For the avoidance of doubt, Sublessee shall not have any obligation to pay any “Operating Expenses” (which term includes, among other things, “Real Estate Taxes,” “Project Common Expenses” and standard utility charges as additional rent (“Additional Rent”contemplated by Section 4.1(b)(1)(i) of the Lease), within twenty as defined in the Lease, and Sublessor and Sublessee acknowledge that the Base Rent and escalations provided for herein includes 100% of Sublessee’s required contribution towards Operating Expenses.
(20b) days after demand thereforIn addition to Base Rent and the other amounts provided for in this Sublease, Sublessee shall be responsible for paying, or reimbursing Sublessor for, any charges or costs imposed by Landlord on account of any failure of Sublessee to perform or comply with its obligations under this Sublease which result in a default or other charge under the Lease including, without limitation, the following: any increases in insurance premiums under Article XIII of the Lease resulting from Sublessee’s use of the Sublease Premises; any charges imposed by Landlord under Article VIII of the Lease as a result of Sublessee’s failure to properly maintain or repair the Sublease Premises; any charges imposed by Landlord under Article IX of the Lease for discharging any liens arising from any work performed, material furnished or obligations incurred by or for Sublessee or the Sublease Premises; any amounts imposed by Landlord under Article XIX of the Lease for curing any defaults of Sublessee in respect of the Sublease Premises, any parking charges imposed under the Lease for reserved or non-reserved parking spaces assigned to or requested by Sublessee, including any reserved or non-reserved parking spaces in excess of the number provided for in Section 27 below.
(c) In addition to Base Rent and the other amounts provided for in this Sublease, Sublessee shall be responsible for paying, prior to delinquency, all sums or other charges required to be paid personal property taxes assessed in respect of Sublessee’s personal property, if any.
(d) All amounts that are payable by Sublessee under this SubleaseSublease (including, without limitation, the provisions incorporated by reference from the Lease) other than Base Rent shall be referred to in this Sublease as “Additional Rent.” Unless specifically provided otherwise herein, all Additional Rent shall be payable by Sublessee directly to Landlord as and when due or to Sublessor within thirty (30) days after Sublessee’s receipt of an invoice for the same from Sublessor. During The remedies afforded Sublessor for the Termnon-payment of Additional Rent by Sublessee shall be the same as for nonpayment of Base Rent.
(e) Any installment of Base Rent or Additional Rent not received by Sublessor within ten (10) days following the due date thereof shall be subject to a late payment charge equal to five percent (5%) of the amount due, which charge Sublessee shall pay to Sublessor all sums or other charges required upon demand.
(f) Additional Rent payable to Sublessor shall be paid by Sublessorto Sublessor at the address or per the wiring instructions provided in Section 3(c). Additional Rent payable to Landlord shall be paid to Landlord at the address that Sublessor shall designate in writing to Sublessee.
(g) Subject to Sublessee’s compliance with its payment and reimbursement obligations under this Sublease including, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) those under Section 3 above and this Section 4, Sublessor shall pay all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively“Base Rent”, “Additional Rent” and “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, Expenses” as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, and when such payments are required to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor be made under the Master Lease. Consequently, but expressly excluding (i) any “Basic Rent” due from Sublessoronly Sublessor shall be entitled to dispute or audit such amounts, as tenant, or to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach receive refunds of any overpayments of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to such amounts or the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share benefit of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements reductions in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentamounts.”
Appears in 1 contract
Additional Rent. Sublessee Sublessee's Proportionate Share of Sublessor's Proportionate Share as set forth in the Basic Sublease Information, hereinabove, and the rent for the Storage Space described in Section 15 below shall pay as additional rent (“be considered "Additional Rent”)." Additional Rent shall also include expenses or charges applicable to the Premises, within twenty which may be imposed, at any time, on Sublessor pursuant to the Master Lease (20) days after demand thereforexpressly excluding any late charges, all sums interest or damages or other charges required or penalties imposed on Sublessor due to its negligence, willful misconduct, default or delay beyond any applicable grace period pursuant to the terms of the Master Lease) as described in the Master Lease or incurred by Sublessor in compliance with the Master Lease. As herein used, "Rent" shall include Monthly Rent and Additional Rent to be paid by Sublessee under pursuant to this SubleaseSection 5.b. During The payments of Additional Rent required of Sublessee pursuant to this Section shall be made within the Term, Sublessee shall pay to same time periods after notice from Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged amount owed as are established by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease for the comparable obligation of Sublessor to make such payments to Master Lessor, or if not so provided the same are not caused by the default or breach therein, within ten (10) days of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Leasewritten notice from Sublessor. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for 's Additional Rent will be payable in the Subleased Premises shall be tolled until the earlier of (x) such same time and manner as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred required by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease. Overpayments and underpayments of Additional Rent shall be handled in the same manner as provided in the Master Lease; provided, however that overpayments and underpayments shall be reconciled by Sublessor within ten (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (2010) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred Expiration Date. Any overpayment by Sublessor); provided, however, that Sublessee shall have no obligation be refunded to reimburse Sublesssor for Sublessee within five (5) business days after the reconciliation, as long as Sublessee is not otherwise in default of its obligations hereunder. Any underpayment shall be deducted from Sublessee's Security Deposit and any shortage shall be paid by Sublessee within five (aa5) replacement business days after Sublessee's receipt of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublesseereconciliation. Sublessor shall have the same remedies for a default in the payment promptly provide Sublessee with copies of all relevant estimates and statements prepared by Master Lessor with respect to Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) Beginning on the Commencement Date, Tenant shall pay, as Additional Rent one hundred percent (100%) of all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder additional rent payments for real estate taxes under Section 6 of the Prime Lease (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined referred to in the Prime Lease) and one hundred percent (100%) of all payments for the use of the dumpster under Section 22 of the Prime Lease. Rental and any other sums due hereunder not paid by the due date shall bear interest of 18% per annum. All payments shall be made to Landlord at its address set forth in Section 24 below), or at such other address or addresses as Landlord may from time to time designate by written notice to Tenant. Tenant shall also pay, as Additional Rent, the cost of all utilities furnished to Tenant on the Premises, including, but not limited to, electricity, gas, oil, water and sewer. Tenant agrees to pay any and all such charges for the Premises to Landlord in the event any such utilities are not separately metered to Tenant (to the extent Landlord is assessed such charges by Prime Landlord) or directly to the utility company if such utilities are separately metered.
(b) all “Tenant's obligation to pay Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) Rent hereunder shall be on account of the Master Lease, period from and after the Commencement Date and shall survive the Expiration Date or sooner termination of the Term.
(c) the management fee charged All amounts payable by Master Lessor Tenant to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, Landlord pursuant to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoingincluding, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Buildingwithout limitation, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent Rent, shall be deemed and constitute rent and, in the event of any non-payment thereof, Landlord shall have all of the rights and remedies provided herein, in the Prime Lease or in law or at equity for non-payment of rent.
(d) Tenant agrees to pay to Landlord Tenant's pro rata share of any taxes attributable to leasehold improvements, furniture or equipment within the Premises which are hereinafter sometimes referred to collectively as “Rentpayable by Landlord under the Prime Lease.”
Appears in 1 contract
Additional Rent. Sublessee shall pay as additional rent (As used in this Lease, the term “Additional Rent”), within twenty (20) days after demand therefor, ” shall mean all sums or of money, other charges required than Base Rent, that shall become due from and payable by Tenant pursuant to this Lease. This Lease is intended to be a triple-net lease with respect to Landlord; subject to Paragraph 13(b) below and except as otherwise expressly provided in this Lease, the Base Rent owing hereunder is (i) to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor Tenant absolutely net of all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums costs and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas Landlord’s ownership and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) operation of the Master Lease, Project and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master LeaseBuilding, and (ii) not to be reduced, offset or diminished, directly or indirectly, by any late chargescost, default interest and other penalties due from Sublessorcharge or expense payable hereunder by Tenant or by others in connection with the Premises, as tenantthe Building and/or the Project, to Master Lessor under the Master Lease provided the same are not caused by the default or breach any part thereof. The provisions of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments Paragraph 4(b) for the Subleased Premises shall be tolled until the earlier payment of Tenant’s Proportionate Share(s) of Expenses (xas hereinafter defined) are intended to pass on to Tenant, Tenant’s Proportionate Share of all such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses relating to Landlord’s ownership and operation of the Premises, the Building and/or the Project. Landlord may from time to time, at its option, allocate and charge Expenses to an individual Building(s) or Tenant(s) in the Project in its reasonable discretion. During the term, in addition to the Base Rent, Tenant shall pay to Landlord, in accordance with this Paragraph 4, Tenant’s Proportionate Share(s) of all costs and expenses paid or incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of Landlord in connection with the Master Leaseownership, (B) repair or maintenance of the central courtyard, and (C) repairoperation, maintenance, replacement management and repair of the Premises, the Building and/or the Project or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval part thereof, which approval shall not be unreasonably withheldincluding, conditioned or delayed by Sublessee. Sublessor shall have without limitation, all the same remedies for a default in following items (collectively, the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.Expenses”):
Appears in 1 contract
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges All monies required to be paid by Sublessee under this Sublease. During the TermSublease (excluding Monthly Base Rent pursuant to Paragraph 4.A), Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessorincluding, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged any amounts payable by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained (including, without limitation, Property Operating Expenses, as defined in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 13.12 of the Master Lease), shall be deemed additional rent (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor"Additional Rent"); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Monthly Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “"Rent". Sublessee and Sublessor agree, as a material part of the consideration given by Sublessee to Sublessor for this Sublease, that from and after the Commencement Date, Sublessee shall pay all costs, expenses, taxes, insurance, maintenance and other charges of every kind and nature arising in connection with this Sublease, the Master Lease or the Subleased Premises; in this regard Sublessee shall pay sixty-eight percent (68%) of Sublessor's (i) Property Proportionate share of Real Property Taxes, Landlord's Insurance Costs and Property Maintenance Costs, and (ii) Building Proportionate Share of Building Maintenance Costs. Additionally, Sublessee shall pay __________ percent (_______%) of the gas and electrical utility charges for the Premises if and to the extent any such utilities are not separately metered to the Premises. Notwithstanding anything to the contrary set forth in this Sublease, Sublessee's obligation to pay Additional Rent (attributable to the Term) shall survive the expiration or earlier termination of this Sublease, and if Sublessor is unable to determine the amount of Additional Rent due and payable by Sublessee at the expiration or earlier termination of this Sublease, then the parties shall make an adjusting payment between them when the correct amount can be determined.”
Appears in 1 contract
Samples: Sublease (Adept Technology Inc)
Additional Rent. Sublessee In addition to Base Rent, Subtenant shall pay to Sublandlord Subtenant’s Pro Rata Share of all operating costs, taxes and related amounts payable by Sublandlord under the Lease (which related amounts shall not include costs relating to Sublandlord’s negligence, willful misconduct or default under the Lease (unless such default was due to Subtenant’s default under this Sublease) or which are for the sole benefit of portions of the Premises other than the Subleased Premises) as and when such amounts are due under the Lease, including, without limitation, Operating Costs Share Rent and Tax Share Rent, as defined in Section 2A of the Lease; provided, however, that Subtenant shall not be responsible for maintenance costs for the building foundation, structural exterior walls (excluding exterior painting) and roof elements (structure and membrane) of the Subleased Premises which shall be the responsibility of Landlord pursuant to the Lease, except to the extent the same are properly included in “Operating Costs” under the Lease; provided, further, however that damage to the foregoing caused by the negligence or willful acts or omissions of Subtenant or Subtenant’s agents, employees, subtenants, licensees or invitees, or by reason of the failure of Subtenant to perform or comply with any terms of this Sublease or the Lease, or caused by Subtenant or Subtenant’s agents, employees or contractors during the performance of any work, shall be repaired solely at Subtenant’s expense. Sublandlord shall deliver to Subtenant promptly upon request copies of the invoices that it receives from Landlord as to Operating Costs Share Rent and Tax Share Rent. All monies other than Base Rent required to be paid by Subtenant under this Sublease shall be deemed additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent”. Subtenant’s Pro Rata Share for purposes hereof shall be equal to 100%, as to the Subleased Premises (Building C), and a fraction, the numerator of which is the square footage of the Subleased Premises and the denominator of which is the square footage of the Premises, as to the Premises or the Lease generally.”
Appears in 1 contract
Samples: Sublease (Vitria Technology Inc)
Additional Rent. Sublessee If not directly paid by LESSEE, the LESSEE will reimburse LESSOR for all costs incurred by LESSOR for: real property taxes, which will be paid directly to the taxing authority, and in the event that LESSEE does not pay taxes directly to the taxing authority, LESSEE shall pay be responsible for reimbursing LESSOR for said taxes, assessment, building insurance, snow removal, lawn care, refuse removal, common area maintenance, and administrative, (collectively referred to as additional rent (“Additional Rent”), within twenty (20during the term of this Lease and any renewals thereof. In the event that the LESSEE shall fail to pay such Additional Rent as it shall come due, the LESSOR may pay same, and xxxx LESSEE at 105% of actual cost, and the LESSEE shall pay said Additional Rent on the next ensuing rent date; such failure to pay Additional Rent shall constitute a default in the lease at the option of the LESSOR. Common Area Maintenance charges shall not include the following:
a) days after demand thereforSalaries or benefits for LESSOR’s executives and employees above the grade of building manager, all sums and of any employees in excess of the time devoted to the Building.
b) Expenditures for which LESSOR is reimbursed from any insurance carrier, from any lessee, or from any other source.
c) Cost of repairs or replacements incurred by reason of fire or other charges required to be paid by Sublessee under this Sublease. During the Termcasualty or condemnation.
d) Advertising and promotional expenditures.
e) Costs incurred in performing work or furnishing services for any lessee (including LESSEE), Sublessee shall pay to Sublessor all sums whether at such LESSEE’s or other charges required to be paid by Sublessor, as tenantLESSOR’s expense, to Master Lessor under the Master Leaseextent such work or service is in excess of any work or service that LESSOR is obligated to furnish to LESSEE at LESSOR’s expense.
f) Depreciation, except as provided above.
g) Bad debt loss, rent loss, or reserves for either of them.
i) Financing costs, including without limitationpoints, (a) all Real Property Taxescommitment fees, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”broker’s fees, and which shall include expenses relating to mortgage interest and amortization payments.
j) Costs incurred in connection with the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) construction of the Master Lease, and (cBuilding or the initial development of the Property.
k) the management fee charged Costs incurred by Master Lessor LESSOR arising out of its failure to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default perform or breach of any of Sublesseeits covenants, agreements, representations, warranties, guarantees or indemnities made under this Lease.
l) Costs of compliance, fines or penalties incurred by LESSOR due to violations of or non-compliance with any applicable legal requirements.
m) Costs incurred in the removal, abatement or other treatment of underground storage tanks or Hazardous Substances present in the building or on the Property.
n) Legal fees, space planners fees, broker’s obligations contained commissions and other costs incurred in this Sublease. Sublessor shall not charge Subtenant a management fee connection with regard to marketing space, leasing space, or negotiating leases with lessees of the Buildingbuilding, or legal fees in connection with disputes between LESSOR and any other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion lessee of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of between LESSOR and any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentmortgagee.”
Appears in 1 contract
Samples: Lease Agreement (Transcat Inc)
Additional Rent. Sublessee (a) LESSEE shall pay LESSOR, as additional rent rent, Lessee's Proportionate Share of the real estate taxes (“Additional Rent”)or other payments imposed by governmental authorities in the nature of or in lieu of real estate taxes) or betterments assessments levied against the Property, and LESSEE shall make such payment to LESSOR within twenty (20) days after demand therefor, all sums notice from LESSOR that any installment of such taxes or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be betterments assessment has been paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and the appropriate taxing authority. Any such payment shall be prorated if this Lease terminates before the end of the tax period to which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), payment relates.
(b) all “Additional Rent” (as defined in the Master Lease) due from SublessorLESSEE shall also pay LESSOR, as tenantadditional rent, (i) during the first three (3) years after the Term Commencement Date, a monthly management fee equal to Master Lessor under Paragraphs 4.D.(a) and five percent (b5%) of the Master LeaseBase Rent payable for such month by LESSEE, (ii) thirty-one percent (31%) of LESSOR's payments under service contracts with independent contractors for services to the Building or the Leased Premises, provided that LESSEE's obligations under this clause (ii) shall not exceed One Thousand Five Hundred Dollars ($1,500) per year, and (iii) Lessee's Proportionate Share of LESSOR's expenses for electricity, gas, water, and sewer use charges not separately chargeable to other tenants of the Building.
(c) the management fee charged by Master Lessor to Sublessor under the Master LeaseDuring any Extension Term, but expressly excluding (i) any “Basic Rent” due from SublessorLESSEE shall pay LESSOR, as tenantadditional rent, to Master Lessor under the Master LeaseLessee's Proportionate Share of Lessor's Operating Expenses for any calendar year during such Extension Term, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments prorated for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of a calendar year occurring at the Buildingbeginning and end of such Extension Term, or (y) For purposes of this Lease, the Commencement Date. Moreover, Sublessee agrees term "Lessor's Operating Expenses" shall mean those expenses of LESSOR not separately chargeable to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 tenants of the Master Lease, (B) repair or Building and incurred in connection with the operation and maintenance of the central courtyardProperty, including: (1) electricity, water, gas, sewer and other utility charges not separately chargeable to tenants; (2) cost of maintenance and repairs, including engineering services, landscaping, grounds maintenance and snow removal; (3) payments under the service contracts with independent contractors, including security service; (4) payments for management services of not more than five percent (5%) of collected base rents from the Property; and (C5) repair, maintenance, replacement or new construction the cost of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing maintaining insurance on the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentProperty.”
Appears in 1 contract
Samples: Lease Agreement (BGS Systems Inc)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (201) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During Beginning with the payment of Fixed Rent due for the 13th full calendar month of the Term, Sublessee shall pay to Sublessor, as Additional Rent, Sublessee's Proportionate Share, as hereinafter defined, of such amounts as Sublessor all sums from time to time gives notice to Sublessee that Sublessor is obligated to pay to Landlord in respect of Operating Costs, including estimated payments thereof, under and pursuant to Section 4.2 of the Lease, but only to the extent such payments on an annualized basis, exceed, or other charges required are reasonably estimated by Sublessor to exceed, $9.50 per rentable square feet per year. Sublessee shall be paid entitled to Sublessee's Proportionate Share of any credit or refund as and when received by Sublessor, and shall pay Sublessee's Proportionate Share of any additional payment request to be made by Sublessor for Operating Costs in excess of $9.50 per rentable square feet per year as tenanta result of the final determination of Operating Costs for any calendar year as Section 4.2 of the Lease provided. Sublessee's Proportionate share shall be a fraction, the numerator of which is the rentable square feet in the Subleased Premises and the denominator of which is the rentable square feet in the Building, currently 50,345/201,378 or 25%.
(2) All amounts payable by Sublessee to Master Lessor under the Master LeaseSublessor pursuant to this Sublease, including including, without limitation, (a) all Real Property TaxesFixed Rent and Additional Rent, insurance premiums and common area expenses required shall be deemed to be paid to Master Lessor thereunder (collectivelyand shall constitute rent for all purposes hereunder and, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach event of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twentynon-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval payment thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have all of the same rights and remedies provided herein (including, without limitation, those rights and remedies set forth in Section 10 hereof), at law or in equity for a default in the non-payment of Additional Rent as for a default in the payment rent. The obligation of Base Rent. Base Sublessee to pay all amounts to Sublessor of Fixed Rent and Additional Rent are hereinafter sometimes referred to collectively due hereunder and under the Lease arising during the term of the Sublease, as “Rentincorporated herein and as modified hereby, shall survive the Expiration Date or earlier termination of this Sublease.”
Appears in 1 contract
Samples: Sublease Agreement (Netegrity Inc)
Additional Rent. Sublessee In Addition to the Annual Net Net Rent mentioned in Section A, the Sub-Tenant shall pay the Additional Rent, hereinafter defined. The Sub-Tenant acknowledges and agrees that it is intended that the Sublease Agreement be a completely net net lease to the Sub-Landlord and, except as additional rent (expressly set out herein or in the Head Lease, the Sub-Landlord shall not be responsible during the Term of the Sublease Agreement for any costs, charges, expenses and outlays or any nature whatsoever arising form or relating to the Subleased Premises, or the use and occupancy thereof, or the contents thereof, or the business carried on therein, and the Sub-Tenant shall pay all charges, impositions, costs and expenses of every nature and kind relating to the Subleased Premises, as expressly set out herein or in the Head Lease. The Real Estate Taxes, Operating Expenses and utilities described below are hereinafter referred to as the “Additional Rent”), within twenty .
(20a) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee Sub-Tenant shall pay to Sublessor all sums or other charges required to be paid by Sublessorthe Sub-Landlord oil municipal, school and local taxes, general and special, as tenantwell as other similar taxes, to Master Lessor under reclamations, levies and assessments imposed upon the Master LeaseBuilding, including without limitation, (a) all Real Property Taxes, insurance premiums the business and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating water taxes allocable to the Parking Areas and Outdoor Areas, Subleased Premises hereinafter referred to as such terms are defined belowthe “Real Estate Taxes”), ;
(b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor Sub-Tenant shall not charge Subtenant a management fee with regard pay to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twentySub-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any Landlord alls costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of Sub-Landlord in connection with the central courtyard, and (C) repairoperation, maintenance, replacement repair and replacement, management, administration, insurance, heating, air-conditioning, ventilation, electricity and daily cleaning of the Subleased Premises and the Building {hereinafter referred to as the “Operating Expenses”). For estimation purposes, Sub-Landlord estimates that the Additional Rent of the Building for 2009 will be approximately TWENTY-TWO DOLLARS AND SEVENTY-TWO CENTS (522.721. The Additional Rent will be paid, along with the Annual Net Net Rent in advance in lawful money of Canada, on the first day of each month, without demand, deduction or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing compensation whatsoever. The Additional Rent will be subject to a yearly adjustment by the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement Head Landlord as expressly set out in the central courtyard, or Head Lease. Applicable taxes (bbi.e. GST & PST) construction or installation of any new improvement in have to be added to the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Annual Net Net Rent and Additional Rent and are hereinafter sometimes referred to collectively as “Rentpayable by the Sub-Tenant.”
Appears in 1 contract
Samples: Sublease Agreement (BioAmber Inc.)
Additional Rent. Sublessee A. If and to the extent that Sublandlord is obligated to pay additional rent under the Prime Lease to reimburse Prime Landlord for Taxes, Operating Expenses, common area maintenance charges or other expenses incurred by the Prime Landlord in connection with the Premises. Subtenant shall pay as to Sublandlord, the percentage of such additional rent (“Additional Rent”to the extent such additional rent is attributable to events occurring during the term of this Sublease) set forth in Section 1(M) as the Sublease Share. Such payment shall be due from Subtenant to Sublandlord no fewer than five (5) days prior to the date upon which Sublandlord's payment of such additional rent is due to the Prime Landlord, provided that Subtenant shall have been billed therefor at least fifteen (5) days prior to such due date (which xxxx shall be accompanied by a copy of Prime Landlord's xxxx and other material furnished to Sublandlord in connection therewith).
B. The Sublease Share provided for in Section 1(M) is calculated by dividing the rentable area of the Premises by the rentable area of the premises leased by Prime Landlord to Sublandlord pursuant to the Prime Lease. In the event the rentable area of the Premises or the area of the premises leased pursuant to the Prime Lease shall be changed during the Term, then the Sublease Share shall be recalculated.
C. The information set forth in the xxxx furnished to Subtenant as provided above shall be deemed approved by Subtenant unless, within twenty thirty (2030) days after demand thereforsubmission to Subtenant, all sums or other charges required to be paid by Sublessee under this SubleaseSubtenant shall notify SubLandlord that it disputes the correctness thereof, specifying the basis for such assertion. During Subtenant shall also have the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, same rights as tenant, to Master Lessor SubLandlord under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required Prime Lease to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to dispute the Parking Areas and Outdoor Areas, amounts contained in Prime Landlords statement as such terms are defined below), (b) all “Additional Rent” (as defined provided in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (bSection 4(h) of the Master Prime Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Samples: Sublease (Aquantive Inc)
Additional Rent. Sublessee shall pay as additional rent This Lease is intended to be a triple-net Lease with respect to Landlord; and subject to Paragraph 13(b) below, the Base Rent owing hereunder is (“Additional Rent”), within twenty (201) days after demand therefor, all sums or other charges required to be paid by Sublessee under Tenant net of all costs and expenses relating to Landlord's ownership and operation of the Project and the Building, and (2) not to be reduced, offset or diminished, directly or indirectly, by any cost, charge or expense payable hereunder by Tenant or by others in connection with the Premises, the Building and/or the Project or any part thereof. The provisions of this SubleaseParagraph 4(b) for the payment of Tenant's Proportionate Share(s) of Expenses (as hereinafter defined) are intended to pass on to Tenant its share of all such costs and expenses. During In addition to the TermBase Rent, Sublessee Tenant shall pay to Sublessor Landlord, in accordance with this Paragraph 4, Tenant's Proportionate Share(s) of all sums costs and expenses paid or incurred in connection with the operation, maintenance, management and repair of the Premises, the Building and/or the Project or any part thereof (collectively, the "Expenses"), including, without limitation, all the following items (Tenant's Proportionate Share(s) of the Expenses is hereinafter referred to as "Additional Rent"):
(1) All supplies, materials and rental equipment used in the operation and maintenance of the Project.
(2) Utilities, that are not separately metered to Tenant, including, without limitation, water, power, gas, sewer, waste disposal, communication and cable T.V. facilities, heating, cooling, lighting and ventilation of the Project.
(3) A management fee equal to [...***...] of the annual Base Rent derived from the Building; and all wages, salaries and other charges required compensation for any employees who provide service to be paid the Building and/or the Project; provided such wages, salads and other compensation shall not exceed [...***...] in any given year (the "Wage Ceiling) (such Wage Ceiling to increase each year by Sublessor[...***...] of the Wage Ceiling for the preceding year).
(4) Legal and accounting services for the Project, as including, but not limited to, the costs of audits by certified public accountants of Basic Operating Cost records; provided, however, that legal expense shall not include the cost of (i) negotiating lease terms for prospective tenants, (ii) negotiating termination or extension of leases with existing tenants, (iii) proceedings against any other specific tenant relating to such tenant, to Master Lessor under the Master Lease's breach of its lease, including without limitationlimitation failure to pay rent or other sums due to Landlord from such tenant, or (aiv) all Real Property Taxes, legal costs incurred in connection with development and/or construction of the Project.
(5) All insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectivelycosts, “Operating Expense Payments”including but not limited to, the premiums and which shall include expenses relating costs of fire, casualty, liability, rental abatement and earthquake insurance applicable to the Parking Areas Project and Outdoor Areas, Landlord's personal property used in connection therewith (and all mounts paid as a result of loss sustained that would be covered by such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, policies but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default for "deductible" or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twentyself-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessorprovisions); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyardLandlord may, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval but shall not be unreasonably withheldobligated to, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”carry earthquake *CONFIDENTIAL TREATMENT REQUESTED
Appears in 1 contract
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges All monies required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay Sublease (excluding Monthly Base Rent pursuant to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master LeaseParagraph 4.A), including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged any amounts payable by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained (including, without limitation, Basic Operating Costs, as defined in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 7 of the Master Lease), shall be deemed additional rent (B) repair or maintenance "Additional Rent"). Monthly Base Rent and Additional Rent hereinafter collectively shall be referred to as "Rent." Sublessee and Sublessor agree, as a material part of the central courtyardconsideration given by Sublessee to Sublessor for this Sublease, that, with respect to the period arising from and (C) repairafter the Commencement Date, maintenanceSublessee shall pay all costs, replacement expenses, taxes, insurance, maintenance and other charges of every kind and nature arising in connection with the Sublease, the Master Lease or new construction of improvements in the Subleased Premises, such central courtyardthat Sublessor shall receive, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing as a net consideration for this Sublease, the costs and expenses incurred by Sublessor)Monthly Base Rent payable under Paragraph 4. A. hereof; provided, however, that all such costs, expenses, taxes, insurance, maintenance and other charges shall be equitably prorated to reflect the Commencement Date and the Termination Date of this Sublease. In no event shall Sublessee's obligation to pay for the foregoing charges exceed the amount attributable to the Subleased Premises, subject, however, to Sublessor's obligations hereunder with respect to the Retained Space. Sublessee shall have no obligation be entitled to reimburse Sublesssor all credits, if any, given by Master Lessor to Sublessor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation Sublessor's overpayment of any new improvement in of the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentforegoing charges.”
Appears in 1 contract
Samples: Sublease (Juniper Networks Inc)
Additional Rent. Sublessee (a) In addition to the Base Rent set forth above, commencing on the Commencement Date, Subtenant shall pay to Sublandlord as additional rent (“"Additional Rent”"), within twenty the following:
(20i) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” extent not included in the Fixed Rent (as defined in the Master Lease), additional rent equal to 100% of the amount payable by Sublandlord, if any, pursuant to the Master Lease for electricity, provided however, that if, pursuant to Article 46 of the Master Lease, Subtenant shall install any extraordinary power equipment (i.e., equipment not generally used in connection with office use) due from Sublessorin the Premises (but such installation shall be in accordance with the terms of the Master Lease and this Sublease), in addition to any costs for electricity specified above, Subtenant shall pay the entire cost of electricity, and for any necessary additional electric capacity, for such equipment at the rates and in the manner as tenantspecified in the Master Lease;
(ii) additional rent equal to 100% of the amount payable by Sublandlord, if any, pursuant to Article 39 of the Master Lessor Lease;
(iii) additional rent equal to 100% of the amount payable by Sublandlord pursuant to Article 40 of the Master Lease;
(iv) 100% of any and all additional rent payable by Sublandlord under Paragraphs 4.D.(aany other provisions of the Master Lease, other than payments made by Subtenant pursuant to subparagraphs (i), (ii) and (iii) of this paragraph 3:
(v) the cost of any additional services or materials requested of Landlord by or at the request of Subtenant; and
(vi) any other amounts payable by Subtenant pursuant to the provisions of this Sublease.
(b) The aforesaid Additional Rent shall be payable by Subtenant to Sublandlord not later than five (5) days prior to the corresponding due date for such payment to be made to Landlord pursuant to the Master Lease and after presentation by Sublandlord to Subtenant of the bills therefor (which bills shall include a copy of the bill xx invoice issued by Landlord to the extent received by Sublandlord), whether issued during or after the term of this Sublease. This paragraph 3 shall survive the expiration or termination of this Sublease.
(c) Base Rent and Additional Rent is referred to in this Sublease collectively as "Rent". Notwithstanding anything in this Sublease to the contrary, provided that Sublandlord is entitled to any abatement of (or credit against) Fixed Rent (as defined in the Master Lease), or any other amounts due under the Master Lease (including, without limitation, the abatement referred to in Article 37 (b) of the Master Lease), and (c) the management fee charged by Master Lessor Subtenant shall be entitled to Sublessor a corresponding abatement of Base Rent under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Samples: Sublease (Media Metrix Inc)
Additional Rent. Sublessee During the Lease, the Tenant shall pay ------------ --------------- Landlord, as additional rent (“"Additional Rent”)", within twenty (20) days after demand therefor, all sums or other charges required to be the cost paid by Sublessee under this Sublease. During the Term, Sublessee shall pay Landlord pursuant to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums a service contract which provides upkeep and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion maintenance of the Building, or (y) parking area, driveways, lawns and landscaping on the Commencement DateDemised Premises. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor Tenant shall have the same remedies right and opportunity to review and approve such service contract and the party providing such service, which approvals may be granted or withheld in Tenant's sole and absolute discretion. To the extent such service contract covers property and facilities in addition to the Building and Demised Premises, such costs thereunder shall be equitably pro-rated. No markup or fee shall be charged by Landlord in connection with such service contract. Landlord shall obtain at least three (3) bids for such service contract. In the event the lowest bidder is an entity or individual related or affiliated with Landlord, Tenant shall have the right to consent to such service contract, which consent may be granted or withheld in Tenant's sole and absolute discretion. In the event any such service contract is terminated or expires, Landlord shall immediately replace such service contract with a default in company and agreement approved by Tenant, and during any lapse of the payment service contract, Landlord shall provide the required services at a cost not to exceed that of Additional Rent as for the terminated, or expired contract. Such amounts shall be paid on a default in the payment monthly basis within fifteen (15) days of Base Rentreceipt of an invoice therefor from Landlord. Minimum Base Rent and Additional Rent under this Section 4.02 are hereinafter sometimes referred to collectively herein together as “"Rent". The service contract described in this Section 4.02 may be referred to hereinafter as the "Service Contract".”
Appears in 1 contract
Samples: Lease (Delco Remy International Inc)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required In addition to be paid by Sublessee under the Base Rent due pursuant to --------------- Paragraph 5.1 of this Sublease. During , but otherwise Subject to the Termterms hereof, Sublessee shall pay to Sublessor all sums or other charges the additional rent (excluding the difference between basic monthly rent payable under the Lease and Base Rent payable hereunder) required to be paid by Sublessor to Lessor pursuant to Paragraphs 31 and 35 of the Lease (as modified by Paragraphs 9 and 11 hereof), and, following Sublessor's receipt of written notice from Sublessee, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses Sublessor shall pay such additional amounts required to be paid under any other provision of this Sublease, for the period commencing on the Commencement Date and continuing through the expiration of the Sublease term ("Additional Rent"). Additional Rent shall include all utilities and services described in Paragraph 37 of the Lease, which shall be paid by Sublessee directly to Master Lessor thereunder the providers of such services. Additional Rent shall also include all charges, costs and expenses and other sums which Sublessee is required to pay hereunder (collectively, “Operating Expense Payments”together with all interest and charges that may accrue thereon in the event of Sublessee's failure to pay the same to the extent payable hereunder), and all damages, costs and expenses which Sublessor may incur by reason of any default by Sublessee shall include expenses relating be deemed to be Additional Rent hereunder. Additional Rent shall accrue commencing on the commencement Date. In the event of nonpayment by Sublessee of any Additional Rent, Sublessor shall have all rights and remedies with respect thereto as Sublessor has for the nonpayment of Base Rent, Subject to the Parking Areas and Outdoor Areas, as such terms are defined below), ten (b10) all “Additional Rent” (as defined day notice period provided in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (bParagraph 30(a) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of required to pay Additional Rent as for to the extent such amounts become due by reason of a Sublessor's Lease Default, if such default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentis not cured within such ten (10) day period.”
Appears in 1 contract
Samples: Sublease (Power Integrations Inc)
Additional Rent. Sublessee All monies other than Base Rent required to be --------------- paid by Subtenant under this Sublease, including, without limitation, any amounts payable by Sublandlord to the Master Landlord as "Additional Rent" (as defined in Paragraph 3B of the Master Lease), shall pay as be deemed additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, Subtenant (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “"Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor"); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “"Rent". All amounts payable by Sublandlord to the Master Landlord as "Additional Rent" (as defined in Paragraph 3B of the Master Lease) are referred to herein as "Master Lease Additional Rent". Subtenant shall pay all Master Lease Additional Rent as and when the same are due and payable to the Master Landlord under the Master Lease. Subtenant shall be entitled to all credits, if any, given by the Master Landlord to Sublandlord for Sublandlord's overpayment of Master Lease Additional Rent to the extent such overpayment is fairly allocable to Master Lease Additional Rent accruing during the Term of this Sublease. Subtenant shall not be required to pay any Master Lease Additional Rent that is (i) fairly allocable to any period of time prior to the Delivery Date or after the Expiration Date, or (ii) payable solely as a result of a default by Sublandlord under the Master Lease, which default is not the result of any failure of Subtenant to fully and timely observe, perform and discharge all obligations imposed on Subtenant by this Sublease (including, without limitation, the obligation of Subtenant, at Subtenant's sole cost, fully to restore the Premises and otherwise surrender the Premises in the condition required by the Master Lease).”
Appears in 1 contract
Samples: Consent of Landlord to Proposed Sublease (Vitria Technology Inc)
Additional Rent. Sublessee In addition to the Base Rent, beginning on the Sublease Term Commencement Date and continuing throughout the Sublease Term thereafter, Subtenant shall pay as additional rent Additional Rent (hereinafter defined) to Sublandlord. For purposes of this Sublease, “Additional Rent”), within twenty (20) days after demand therefor, ” shall mean any and all sums or other charges amounts required to be paid by Sublessee Subtenant under this Sublease. During , other than Base Rent, including the Termactual, Sublessee shall pay to Sublessor all sums or other charges required to be paid out-of-pocket, reasonable expenses incurred by Sublessor, as tenant, to Master Lessor Sublandlord on behalf of Subtenant under the Master Lease, including terms of this Sublease. Additional Rent shall include (without limitation, ) Subtenant’s Share of Operating Expenses (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areashereinafter defined), as such terms are defined below), (b) all term “Additional RentOperating Expenses” (as is defined in the Master Lease. “Subtenant’s Share of Operating Expenses” shall mean eleven and seventy-eight hundredths percent (11.78%) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) based on the ratio of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach rentable area of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises to the rentable area of all premises in the Project as set forth in the Lease. Additional Rent shall be tolled until payable in the earlier of (x) such time same manner and upon the same terms and conditions as twenty-five (25) or more employees of Sublessee occupy any portion of the BuildingBase Rent. Base Rent, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyardAdditional Rent, and (C) repair, maintenance, replacement or new construction all other amounts payable by Subtenant to Sublandlord hereunder are collectively referred to herein as “Rent.” In the event of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent Rent, Sublandlord shall have the same remedies as for a default in the payment of Base Rent. Base Rent Subtenant acknowledges and Additional Rent are hereinafter sometimes referred agrees that it is intended that this is a net sublease that is completely carefree to collectively as “RentSublandlord; that Sublandlord is not responsible during the Sublease Term for any costs, charges, expenses, and outlays of any nature whatsoever arising from or relating to the Subleased Premises, or the use and occupancy thereof, or the contents thereof, or the business carried on therein; and Subtenant shall pay all charges, expenses, costs, and outlays of every nature and kind relating to the Subleased Premises.”
Appears in 1 contract
Samples: Sublease (Maxcyte, Inc.)
Additional Rent. Sublessee shall pay as to Sublessor during the Sublease Term and on or prior to the date such sums are due under the Master Lease, all sums of additional rent and expenses (“Additional Rent”)) payable by the “Tenant” under the Master Lease, within twenty (20) days which accrues from and after demand thereforthe Commencement Date. Sublessor and Sublessee agree that this Sublease is intended to pass through to Sublessee all financial obligations imposed on Sublessor pursuant to the Master Lease, including, without limitation, Sublessor’s Share of all sums Common Operating Expenses, taxes, and all other costs and expenses associated with the operation of the Premises, Building or Project as stipulated in the Master Lease and the operation, maintenance, repairs and replacements of the systems serving the Premises, which, in all cases, accrue after the Commencement Date. Any ambiguity in the terms of this Sublease shall be construed in accordance with such intention. Sublessee shall be responsible for all electrical, data or other charges utility costs associated with Sublessee’s set-up and use of the Sublessor Personal Property and the Premises. All monies (other than Rent) required to be paid by Sublessee to Sublessor as a result of any default or breach by Sublessee under this SubleaseSublease or other express provisions hereof shall be deemed “Additional Rent”. During Subject to the TermMaster Lease and the Master Landlord’s approval, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under have the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor audit right provided to Sublessor under the Master LeaseLease to audit applicable operating expenses. All amounts payable shall be due on invoice. Sublessee shall be entitled to all credits, but expressly excluding (i) any “Basic Rent” due from Sublessorif any, as tenant, given by Landlord to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessor for Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment overpayment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Additional Rent. For the purposes of this Sublease: the rentable area of the Sublet Premises shall mean 24,523 square feet, which is the agreed rentable square foot area of the Sublet Premises; and the rentable area of the Building shall mean 114,782 square feet, which is the agreed rentable square foot area of the Building; and “Sublessee’s Share” shall be deemed to mean 21.37%, which is the agreed percentage obtained by dividing 24,523 by 114,782. In the event that the rentable square foot area leased by Sublessor under the Prime Lease shall be increased or decreased during the term of this Sublease, Sublessee’s Share shall be recalculated in accordance with ANSI Z65.1-1996, as promulgated by the Building Owners and Managers Association. Sublessee shall pay as additional rent Additional Rent Sublessee’s Share of:
(a) any increases in charges incurred by Sublessor pursuant to Article 4 of the Prime Lease over sums incurred by Sublessor pursuant to Article 4 of the Prime Lease for the calendar year ending December 31, 2008 (the “Additional Rent”Base Year” for purposes of this Sublease); and further provided that the “gross up” provisions of Section 4.2 of the Prime Lease shall be limited to Landlord’s gross up of Project and Building Operating Expenses under the Prime Lease and shall not require Sublessee to pay more that the Sublessee’s Share of such Operating Expenses payable by Sublessor if the Building is not fully sublet or occupied at any time during the Sublease Term; and
(b) any increases in charges incurred by Sublessor pursuant to provisions of the Prime Lease other than Article 3 or 4 of the Prime Lease (less any applicable credits), within twenty provided however that Sublessee shall pay 100% of all charges payable for electricity and other utilities supplied to the Sublet Premises; 100% of all charges for services supplied to the Sublet Premises (20except as otherwise set forth in this Sublease) days after demand thereforand 100% of all such charges resulting from Sublessee’s violation of any provision of this Sublease; and
(c) If applicable in the jurisdiction where the Sublet Premises are situated, Sublessee shall pay and be liable for all sums rental, sales, use and other similar taxes, if any, (excluding income taxes of Sublessor) levied or other imposed by any governmental or municipal authority having authority on payments by Sublessee pursuant to this Sublease. If any applicable taxing authority requires payment of such taxes as a component of taxes payable by Sublessor to such taxing authority, Sublessor shall notify Sublessee of such requirement and Sublessee shall thereafter make such payments to Sublessor concurrently with the payment of the Rent upon which the tax is based as set forth above.
(d) Sublessor shall provide Sublessee with copies of all documentation received by Sublessor from Landlord in support of the Base Year charges required to be paid and calculations of Additional Rent payable by Sublessee under this Sublease. During At Sublessee’s written request, Sublessor shall exercise its rights pursuant to Section 4.6 of the Term, Sublessee shall pay Prime Lease to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to request documentation evidencing the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “accuracy of Landlord’s calculations of Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) dispute such calculations and seek to have them adjusted, provided that Sublessee shall pay Sublessor for any and all out of pocket expenses (including the Master Lease, reasonable accountants and (cattorneys fees) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in connection with such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentdispute.”
Appears in 1 contract
Samples: Sublease (Santarus Inc)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property TaxesSubtenant shall pay, insurance premiums and common area expenses required in addition to be paid to Master Lessor thereunder Base Rent, its Proportionate Share (collectively, “as hereinafter defined) of the (a) Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” Costs (as defined in the Master Prime Lease) due from Sublessorwhich are in excess of the Operating Costs in the Operating Cost Base Year, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) Taxes (as defined in the Prime Lease) which are in excess of the Master LeaseTaxes in the Tax Base Year (both of which payments, in addition to those payments set forth in Section 7(b) and any other amounts due hereunder, are referred to as "ADDITIONAL RENT"). For purposes of calculating such excess amounts, the term "OPERATING COST BASE YEAR" shall be calendar year 2004, and (c"TAX BASE YEAR" shall be fiscal tax year 2004. All payments due by Subtenant under this Section 7(a) shall be made on the management fee charged same day as comparable payments are due by Master Lessor to Sublessor Sublandlord under the Master Prime Lease. Subtenant's obligations hereunder to the extent accrued prior to the Sublease expiration date, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under shall survive the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under expiration of the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee Subtenant's "PROPORTIONATE SHARE" with regard respect to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Demised Premises shall be tolled until equal to the earlier Rentable Area set forth in Section 1 of this Agreement of Sublease, divided by 77,666 square feet, as set forth in the Prime Lease (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee if less than 95% of the Building is occupied by tenants at any time during the term of this Sublease, then the cleaning charges for such period shall be extrapolated by Sublandlord to the estimated cleaning charges that would have no obligation been incurred if the Building had been at least 95% occupied by tenants; and such extrapolated amount shall for the purposes hereof be deemed to reimburse Sublesssor be the amount of the cleaning charges for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentsuch period).”
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Additional Rent. Sublessee shall acknowledges that pursuant to the Master Lease, Sublessor is obligated to pay as annually to Master Lessor additional rent equal to a portion of any increase of the New Tax and Insurance Charge which is in excess of the Base Tax and Insurance Charge (such increase of the New Tax and Insurance Charge being the “Applicable New Tax and Insurance Charge”) (capitalized terms used herein but not otherwise defined shall have the meaning set forth in the Master Lease). Sublessor shall deliver to Sublessee promptly after receipt thereof any statements of such Tax and Insurance Charge delivered to Sublessor by Master Lessor. Notwithstanding anything contained herein to the contrary, Sublessee may exercise any and all rights that Sublessor has under the Master Lease to audit and inspect the Master Lessor’s books and records relating to such Tax and Insurance Charge and to seek reimbursement from Sublessor or Master Lessor, as applicable, in the event an overpayment or discrepancy is discovered. Sublessor shall be responsible for the payment of utilities and performance of repair, replacement and maintenance as required under the Master Lease and shall also pay for the provision of services in Schedule A (collectively, the “Operating Expenses,” together with the Applicable Tax and Insurance Charge, the “Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenantadditional rent, to Master Lessor under the Master Lease, including without limitation, thirty-three percent (a33%) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense PaymentsSublessee’s Pro Rata Share”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and Additional Rent (cwith the exception that the Sublessee has agreed to pay forty percent (40%) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard Additional Rent related to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs electricity and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessorgas charges); provided, however, that all such Operating Expenses will be reasonable, customary and obtained at fair market value in an arm’s length transaction. In order to afford Sublessee the benefits of this Sublease and of those provisions of the Master Lease which by their nature are intended to benefit the party in possession of the Lease Premises, Sublessor covenants and agrees to enforce the Master Lease against Master Lessor at Sublessee’s request. Sublessee shall have no be responsible for the reasonable out-of-pocket expenses of such enforcement unless, in the good faith determination of Sublessor, the cause of the enforcement action is of common interest to Sublessee and Sublessor, in which case Sublessee will pay only Sublessee’s Pro Rata Share of such reasonable out-of-pocket expenses of enforcement. Should Sublessor fail to enforce a breach by the landlord under the Master Lease and such failure materially impairs Sublessee’s ability to conduct its business at the Lease Premises, then Sublessor shall, within five (5) business days of written notice, validly assign all of its enforcement rights to Sublessee, or either (i) Sublessee's obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. pay Base Rent and Additional Rent hereunder shall thereafter xxxxx until such enforcement is commenced and diligently prosecuted or (ii) Sublessee may terminate this Sublease, in which case Sublessor shall be liable to Sublessee for the payment of any other sum for which Sublessee may become obligated because of Sublessor’s failure, or for any loss sustained by Sublessee as a result thereof. For the Term of the Sublease, Sublessor and Sublessee agree to share the costs associated with the receptionist and one building services/security person. Sublessee shall reimburse the Sublessor for said expenses in an amount equal to $1,250 per month for the receptionist and $1,950 per month for the building services/security person (each to increase at 3% per annum), which such employees will be those of the Sublessor or its affiliate. Sublessee shall not be responsible for any costs related to benefits, pension or other non-hourly/salary wage related expenses for the aforesaid employees. Sublessor shall invoice Sublessee for those costs attributable to Sublessee and Sublessee shall pay Sublessor within thirty days of the date of each invoice. Nothing contained herein prohibits Sublessor from outsourcing such employees, provided that if any of the foregoing services are hereinafter sometimes referred outsourced, Sublessee shall pay one-half of the total costs to collectively as “RentParent of these outsourced services. Sublessor and Sublessee agree that all furniture and fixtures in the designated commons areas of the Lease Premises, including reception, lunch room, conference room(s) and restrooms is Sublessor’s property, but will be used by both parties, coordinated through Sublessor’s receptionist on a first come, first served basis.”
Appears in 1 contract
Additional Rent. In addition to Monthly Base Rent, Sublessee shall pay as additional rent (“Additional Rent”)to Sublessor, at the time that Sublessee pays Monthly Base Rent or, if otherwise so notified by Sublessor in writing, within twenty (20) days after demand receipt of Sublessor’s invoice therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, Sublessee’s share of “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) Tenant’s Proportionate Share” of all “Additional Rent” (as defined in Section 4.2 of the Master Lease) due from Sublessor(“Sublessee’s Share”), including, without limitation, Taxes and Assessments, Insurance, Utilities, Common Area Expenses, Parking Charges, Maintenance and Repair Costs, Life Safety Costs, Management and Administration, Operational Fees Related to Expansion Approvals and Gateway Operational Expenses, all as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) more particularly described in Section 4.2. of the Master Lease, and (c) the management fee charged payable by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing or anything to the contrary in this Sublease, Sublessee shall not be required to pay any Additional Rent or to perform any obligation that is (1) fairly allocable to any period of time prior to the Commencement Date or following the expiration or sooner termination of this Sublease (for any reason other than Sublessee’s default), (2) fairly allocable to any portion of the Premises other than the Subleased Premises, (3) payable as a result of a default by Sublessor of any of its obligations under the Master Lease, or as a result of the negligence or willful misconduct of Sublessor or any of its agents, employees, or contractors, or (4) incurred for the sole benefit of Sublessor. Sublessee’s Share shall be seventeen and fifty-two hundredths percent (17.52%), which is determined by dividing the square footage of the Subleased Premises (10,509 rentable square feet) by the square footage of the Premises (60,000 rentable square feet). Notwithstanding the foregoing, Sublessee’s obligation Share of “Tenant’s Proportionate Share” of “Additional Rent” conclusively is established for purposes of this Sublease at $0.34 per rentable square foot per month for each month during the Term. Commencing on the Commencement Date and continuing for each month during the Term, Sublessee shall pay to pay Operating Expense Payments Sublessor Sublessee’s Share for the Subleased Premises in the amount of $0.34 per rentable square foot, or $3,537.06 per month. In addition, Sublessee shall be tolled until responsible for payment directly to the earlier of (x) such time provider for Sublessee’s telephone, data and telecommunications costs, fees, charges and expenses, and Sublessee’s personal property taxes as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 set forth in Article 28 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies responsible for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred personal property taxes on Furniture or Equipment being leased by Sublessee from Sublessor pursuant to collectively as “RentParagraph 30.B below.”
Appears in 1 contract
Additional Rent. Sublessee In addition to the Base Rent, Subtenant shall pay as additional rent (“Additional Rent”i), within twenty (20) days after demand thereforany and all charges, all sums expenses or other charges sums Subtenant is required to be paid by Sublessee pay under the terms of this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas (ii) any and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from SublessorLease (which Additional Rent encompasses, among other things, Operating Costs, Taxes and Assessments, Utilities and Services, Repairs and Maintenance, and the costs of management services), the periodic payments into the Reserve Fund as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) provided in Section 18.5 of the Master Lease, and (c) the management fee charged all other amounts required to be paid by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor Sublandlord under the Master Lease provided (“Additional Rent,” and together with Base Rent, “Subtenant’s Rent”), whether directly to Master Landlord or directly to the same are not caused by taxing authorities or to the default or breach providers of any of Sublessee’s obligations contained in this Subleasethe services, utilities, insurance policies or other matters to be paid for by Subtenant. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor Sublandlord shall have the same rights and remedies for a default in the with respect to payment of Additional Rent as for a default in Sublandlord shall have with respect to the payment of Base Rent. Base Subtenant shall remain responsible for Subtenant’s Rent and Additional Rent any other charges, expenses or other sums that first arise, accrue or are hereinafter sometimes referred invoiced at any time during or after the expiration of the Sublease Term, whether by Sublandlord or Master Landlord, to collectively the extent they arise or accrue with respect to any period during the Sublease Term from any liabilities or obligations of Subtenant under the provisions of this Sublease (including any obligations under the Master Lease that are incorporated herein as “Rentliabilities or obligations of Subtenant).”
Appears in 1 contract
Additional Rent. Sublessee All sums due from Sub-Subtenant to Sub-Sublandlord or to any third party under the terms of this Sub-Sublease (other than Base Rent) shall pay as be additional rent (“Additional Rent”), within twenty (20) days after demand thereforincluding, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxesany charges, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating as they relate to the Parking Areas and Outdoor AreasSub- Subleased Premises during the Sub-Sublease Term, as such terms that are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, billed to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged Sub-Sublandlord by Master Lessor to Sublessor under the Master LeaseLandlord, but expressly excluding Sublandlord or a third party other than charges (i) any “Basic Rent” due from Sublessor, such as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, ) assessed as tenant, a result of Sub-Sublandlord’s failure to Master Lessor under comply with the Master Lease provided and/or the same are not Sublease, unless such failure was caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master LeaseSub-Subtenant. Notwithstanding the foregoing, Sublessee’s Sub-Subtenant shall have no obligation to pay Operating Expense Payments for the Subleased Premises (and Base Rent shall be tolled until the earlier of (xdeemed to include) such time as twentySub-five (25) or more employees of Sublessee occupy any portion Subtenant’s Share of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor charges for (A) any insurance obtained by Sublessor pursuant to “Operating Expenses,” as defined in Section 54 5 of the Master LeaseLease Agreement, (B) repair or maintenance and “Taxes,” as defined in Section 9 of the central courtyard, and (C) repair, maintenance, replacement Master Lease Agreement or new construction “TI Rent” as defined in Section 4 of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor)Master Lease Agreement; provided, however, if Sub-Sublandlord reasonably determines that Sublessee Sub-Subtenant is consuming Utilities or other services in excess of its proportionate share of the same (based upon the size of the Sub-Subleased Premises compared to the size of the Building or the Project), then Sub-Subtenant shall have no obligation pay to reimburse Sublesssor for any Sub-Sublandlord, as Additional Rent, within ten (aa10) replacement business days after receipt of an existing improvement invoice, the cost of such excess consumption. All Additional Rent that is payable to Sub-Sublandlord shall be paid at the time and place provided herein for payment of Base Rent, except as otherwise provided in this Sub-Sublease or instructed by Sub- Sublandlord in writing or set forth in the central courtyard, Master Lease or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by SublesseeSublease. Sublessor shall Sub-Sublandlord will have the same remedies for a default in the payment of any Additional Rent as for a default in the payment of Base Rent. Together, Base Rent, Additional Rent and Additional Rent any other sums due hereunder from Sub-Subtenant are hereinafter sometimes referred to collectively in this Sub-Sublease as “Rent”. Any time Rent abates under the Sublease, Rent otherwise required to be paid to Sub-Sublandlord under this Sub- Sublease (and not waived hereunder) shall xxxxx proportionally to the extent Sub-Subtenant is prevented from, and does not actually use the Sub-Subleased Premises as set forth in the Master Lease, as incorporated herein. If Sub-Subtenant is entitled to any abated Base Rent which has been prepaid, Sub-Sublandlord shall return such abated amount to Sub-Subtenant within thirty (30) days.”
Appears in 1 contract
Samples: Sub Sublease (Cortexyme, Inc.)
Additional Rent. Sublessee 11.1 Subtenant stipulates that it is familiar with the provisions of Section V.(c) of the Sublease and agrees that such provision is incorporated herein by reference, except that the Base Pilot Amount shall mean the PILOT for the tax fiscal year July 1, 2000 through June 30, 2001.
11.2 Subtenant stipulates that it is familiar with the provisions of Section V.(d) of the Sublease and agrees that such provision is incorporated herein by reference, except that the Base Operating Year shall mean the Operating Expenses for the calendar year 2000. Notwithstanding anything to the contrary contained in this Section 11.2, the additional rent paid pursuant to this Section 11.2 shall be abated during the period commencing on the Underlease Commencement Date and ending on June 30, 2001.
11.3 Undertenant shall pay to Underlandlord any "Tenant Surcharges" (as that term is hereinafter defined. "Tenant Surcharges" shall mean any and all amounts other than annual fixed rent, "Operating Expenses" [as such term is defined in the Main Lease] and the "PILOT" [as such term is defined in the Main Lease] which, by the terms of the Sublease or Main Lease, become due and payable by Underlandlord to Sublandlord or to Overlandlord as additional rent (“Additional Rent”)or otherwise and which would not have become due and payable but for the acts, within twenty (20) days after demand thereforrequests for services, all sums and/or failures to act of Undertenant, its agents, officers, representatives, employees, servants, contractors, invitees, licensees or other charges required to be paid by Sublessee visitors under this Sublease. During the TermUnderlease, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Leaseincluding, but expressly excluding not limited to: (i) any “Basic Rent” due increases in Overlandlord's or Sublandlord's fire, rent or other insurance premiums resulting from Sublessorany act or omission of Undertenant, as tenant, to Master Lessor under the Master Lease, and (ii) any late chargesadditional charges to Underlandlord on account of Undertenant's use of heating, default interest and other penalties due from Sublessorventilation, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”air
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Additional Rent. All monies other than Monthly Base Rent required to be paid by Sublessor under the Master Lease during the Term, including, without limitation, any amounts payable by Sublessor to Master Lessor as “Additional Rent” (as defined in Section 3.2(b) of the Master Lease), shall be paid by Sublessee hereunder as and when such amounts are due under the Master Lease, as incorporated herein. Sublessee shall also pay as to Sublessor all costs directly incurred by or at the request of Sublessee with respect to its use of the Premises. All such amounts shall be deemed additional rent (“Additional Rent”). Until such time that both the First Floor Commencement Date and the Second Floor Commencement Date have occurred, within twenty (20) days after demand thereforSublessee shall pay its pro rata portion of the Additional Rent based on the portion of the Premises to which Sublessor has delivered possession to Sublessee. Base Rent and Additional Rent hereinafter collectively shall be referred to as “Rent”. Sublessee and Sublessor agree, as a material part of the consideration given by Sublessee to Sublessor for this Sublease, that Sublessee shall pay all sums costs, expenses, taxes, insurance, maintenance and other charges of every kind and nature arising in connection with this Sublease, the Master Lease or the Subleased Premises, such that Sublessor shall receive, as a net consideration for this Sublease, the Base Rent payable under Section 4.A. hereof; provided, however, that in no event shall Sublessee be responsible for Sublessor’s costs and expenses incurred in connection with the negotiation and execution of this Sublease or Sublessor’s request for Master Lessor’s consent to this Sublease, including without limitation attorneys’ fees, broker commissions, and any Bonus Rent or other charges required fees or consideration payable to be paid by Sublessee under Master Lessor in connection with Master Lessor’s consent to this Sublease. During the TermC. Advance Payment of Rent. Upon execution hereof by Sublessee, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessorthe sum of Seventy-Nine Thousand Four Hundred Eighty-Three and 20/100 Dollars ($79,483.20), as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments constitute Base Rent for the Subleased Premises shall be tolled until the earlier month of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentJanuary 2019.”
Appears in 1 contract
Samples: Sublease (eHealth, Inc.)
Additional Rent. Sublessee In addition to Base Rent, Subtenant shall pay be responsible forreimbursing Sublandlord for (i) Subtemmt's Proportionate Share of Expenses that exceed the Expenses chargeable to Sublandlord under the Master Lease for the calendar year 2019, subject to Section 1 (B)(iv) of the Original Lease; (ii) electrical utility costs, which are separately sub-metered to the Subleased Premises, plus five (5%) percent administrative charge, and shall be payable in the amounts billed to Sublandlord under Section 3 ofthe Original Lease; and (iii) Subtenant's Proportionate Share of real estate taxes except that the base tax year for purposes of this Sublease shall mean the tax year commencing on July 1, 2019 and ending on June 30,2020 and (iv) Subtenant's Proportionate Share of routine and scheduled maintenance expenses under Sublandlord HVAC maintenance contract (a copy of which is attached hereto as additional rent (“Additional Rent”Exhibit D), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the TermSublease Tenn, Sublessee Sublandlord agrees to maintain such HVAC maintenance contracts with a third-party vendor selected from time to time by Sublandlord and Subtenant shall pay Subtenant's Proportionate Share thereof so long as such cost is commercially reasonable, in no event shall the cost to Sublessor all sums or Subtenant exceed $20,000 on an annual basis, charged to Subtenant in monthly installments. Aside from the foregoing Expenses, electric utility costs and real estate taxes (collectively, "Additional Rent"), Subtenant xxxXX not be responsible for the payment of any other charges required to be paid by Sublessor, as tenant, to Master Lessor Expenses that may become due under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation Subtenant agrees to reimburse Sublesssor pay all additional charges imposed by Master Landlord for any additional services or materials provided by Master Landlord to the Subleased Premises which are incUITed due to a request or action of Subtenant, including but not limited overtime HVAC or other special services, which costs and charges shall be included as part of the Additional Rent. For clarification purposes, Sublandlord shall be responsible for any expenses under the HVAC maintenance contract that are associated with any repairs and replacement approved by Sublandlord, acting reasonably and in good faith. The Additional Rent due hereunder shall be paid within twenty (aa20) replacement business days from receipt of an existing improvement invoice from Sublru1dlord setting forth such amounts in reasonable detail. "Subtenant's Proportionate Share"shall mean 5.686% for the purposes of items (i) and (iii) in Section 3(b) and shall mean 52.59% for the purposes of item (iv) in Section 3(b). Notwithstanding anything contained herein or in the central courtyardMaster Lease to the contrary, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval Subtenant shall not be unreasonably withheldcharged for any freight elevator service in connection with its initial move in to the Subleased Premises, conditioned or delayed and any costs associated therewith shall be borne exclusively by SublesseeSublandlord. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”3
Appears in 1 contract
Samples: Sublease Agreement (Progyny, Inc.)
Additional Rent. Sublessee (a) It is the express intent of the parties that Base Rent or any rental amount under the Extended Term shall be absolutely net to Landlord in each year during the existence of this Lease. Accordingly, commencing on the Commencement Date and continuing throughout the entire Lease Term and the Extended Term, Tenant shall pay as additional rent (“the "Additional Rent”), within twenty "): (20i) days after demand therefor, all sums or other property taxes as required by Article 10; (ii) insurance premiums as required by Article 11; (iii) maintenance charges as required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges Article 8; (iv) utilities as required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, Article 9 and (av) all Real Property Taxesother costs, insurance premiums expenses and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, obligations of every kind and which shall include expenses nature whatsoever relating to the Parking Areas Leased Premises that may arise during the Lease Term; and Outdoor Areas, as (vi) any other charges due Landlord pursuant to this Lease. Tenant hereby indemnifies Landlord against liability for any such terms are defined below), (b) all “Additional Rent” (as defined in . A payment with respect to Additional Rent shall be deemed delinquent if it is not paid on or before the Master Lease) due from Sublessor, as tenant, date on which Landlord or the Leased Premises becomes subject to Master Lessor under Paragraphs 4.D.(a) and (b) any penalty or disability of any kind or nature whatsoever because of the Master Lease, and (c) failure to timely discharge the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Subleasesum due. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor Landlord shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. .
(b) In addition to the Base Rent or any rental amount under the Extended Term, Landlord shall receive as additional rent, five percent (5%) of Tenant's gross revenues from the Leased Premises, including tasting room and Additional hospitality sales, and all other revenues from the use or occupation of the Real Property other than the sale of wine by Tenant to wholesalers, retailers or distributors ("Percentage Rent"). The Percentage Rent are hereinafter sometimes referred shall be paid to collectively as “RentLandlord annually on or before January 30th of the following year.”
Appears in 1 contract
Samples: Lease Agreement (Awg LTD)
Additional Rent. All monies other than Base Rent required to be paid by Sublessor under the Master Lease as to the Subleased Premises, including, without limitation, any amounts payable by Sublessor to Master Lessor as “Direct Expenses” (as defined in Section 4.2.2 of the Master Lease) and costs of utilities under Section 6.2 of the Master Lease, as incorporated herein, with respect to the Subleased Premises shall be paid by Sublessee hereunder as and when such amounts are due under the Master Lease, as incorporated herein. Sublessee shall be entitled to its Pro Rata Share of all [illegeable], if any, given by Master Lessor to Sublessor for Sublessor’s overpayment of such expenses. Sublessee shall also pay Sublessor its Pro Rata Share, within thirty (30) days of request by Sublessor, of Sublessor’s actual and reasonable cost of maintaining and operating the autoclave/glass wash facility and in performing any repairs or providing other services to the Premises that benefit the Subleased [illegeable] (such as maintenance of any systems therein but excluding any capital improvements or expenditure except to the extent amortized over their useful lives as reasonably determined by Sublessor), and shall pay the entire cost of such amounts to the extent due to the misuse or excess use or negligence, willful misconduct or violation of this Sublease by Sublessee or its agent, employee, or contractor. All such amounts shall be deemed additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent”. Notwithstanding anything to the contrary in the Sublease, Sublessee shall not be i:equiretto pay any Rent or perform any obligation that is required as a result of a default by Sublessor of any of its obligations under the Master Lease (except to the extent such default was due to the negligence, willfull misconduct or violation of this Sublease by Sublessee) or the misuse, negligence or willful Misconduct of arty Sublessor or its agents, contractors or invitees or the violation of law by Sublessor.”
Appears in 1 contract
Samples: Sublease (Alector, Inc.)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20a) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee Tenant shall pay to Sublessor all sums or other charges required to be paid by SublessorLandlord, as tenantAdditional Rent hereunder, the full amount of any other charge, fee, cost, sum or expense which Landlord pays or incurs on or after the Commencement Date (x) for the provision of, or in connection with, any services or supplies provided to Master Lessor under or for the Master Lease, including without limitation, Premises (aor any part thereof) all Real Property Taxes, insurance premiums at the request of Tenant and common area expenses (y) as may be required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating pursuant to the Parking Areas terms and Outdoor Areas, as such terms are defined below), provisions of the Lease with respect to the Premises.
(b) all “Tenant shall pay to Landlord, as a portion of Fixed Rent, in equal monthly installments in advance commencing on the Commencement Date, and continuing on the third business day prior to the first day of each month thereafter during the term of this Sublease, as the fixed annual electricity rent inclusion factor, $3.00 per rentable square foot of the Premises which for the purposes of this Section 3(b)) shall be deemed to be 9,312 rentable square feet (the "ERIF") (the Fixed Rent set forth in Section 2(c) hereof includes an allowance of $27,936.00 per annum on account of the ERIF). If any taxes are payable in connection with the distributing of electrical energy on a rent inclusion basis or if any taxes or surcharges, including sales taxes, are imposed as a result of the resale of such energy to Tenant, Tenant covenants and agrees that, where permitted by law, Tenant shall pay to Landlord, as Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and such taxes or surcharges.
(c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) Tenant shall pay any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default commercial rent or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee occupancy tax with regard to the BuildingPremises either to the taxing authority, other than or, if appropriate, to Landlord, as Additional Rent, at least five (5) business days before the management fees charged by Master Lessor under due date of each and every such tax payment to the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises taxing authority.
(d) All payments of Additional Rent shall be tolled until the earlier of (x) such time as twenty-paid by Tenant to Landlord within five (255) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) business days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor)Landlord's request therefor; provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement if the Lease requires the making of an existing improvement in the central courtyard, or (bb) construction or installation payments on account of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment item of Additional Rent as Rent, Tenant shall make such payments at least five (5) business days prior to its respective due date under the Lease without the need for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentrequest therefor by Landlord.”
Appears in 1 contract
Additional Rent. Sublessee shall A.
(i) Subject to (a) Sublessor‘s obligation to pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under any portion of same in accordance with this Sublease. During , including, without limitation, the Termterms and provisions of this Article 4; and (b) Articles 4(iii) and 4(iv) hereof, Sublessee shall pay to Sublessor Master Landlord all sums or other charges required due from Sublessor to be paid Master Landlord under the Master Lease as billed to Sublessor by Master Landlord pursuant to the Master Lease solely with respect to the Premises, whether or not designated as "additional" rent, and which are attributable to the Premises within ten (10) days of Sublessee‘s receipt of notice thereof. Sublessor shall have the same rights and remedies for Sublessee‘s failure to pay any Additional Rent as for Sublessee‘s failure to pay any Basic Rent. Sublessee‘s failure to pay any component of Basic Rent on or before the date upon which such sum is due and to pay any component of Additional Rent within seven (7) days of the date upon which such sum is due shall thereafter accrue interest and late fees in accordance with Article 23.2 of the Master Lease.
(ii) Notwithstanding anything to the contrary in the Master Lease, Sublessee shall pay Master Landlord for electricity consumed in the Premises calculated as provided in Section 5.3 of the Master Lease ("Electricity Additional Rent") on or prior to the tenth (10th) day after the date Master Landlord provides Sublessee with an invoice therefore.
(iii) Notwithstanding anything to the contrary in this Sublease or in the Master Lease, commencing July 1, 2010 and continuing on July 1st of each subsequent Lease Year during the Term hereof, Sublessee shall pay Master Landlord as Additional Rent the difference between (x) the then-effective Tax Payment payable by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined provided in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) Article 2 of the Master Lease, and (cy) the management fee charged Tax Payment required to be made by Sublessor pursuant to Article 2 of the Master Lessor Lease with respect to Sublessor under the Tax Year ending June 30, 2010 ("Sublessee‘s Tax Payment") within ten (10) days after Master Landlord shall have furnished Sublessee with written notice thereof, together with a copy of the Tax Statement.
(iv) Notwithstanding anything to the contrary in this Sublease or in the Master Lease, but expressly excluding commencing on January 1,2010 and continuing on January 1st of each subsequent Lease Year during the Term hereof, Sublessee shall pay Master Landlord as Additional Rent the difference between (ix) any “Basic Rent” due from the then-effective Operating Expense Payment payable by Sublessor, as tenant, to Master Lessor under provided in Article 2 of the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees Operating Expense Payment required to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained be made by Sublessor pursuant to Section 54 Article 2 of the Master LeaseLease with respect to the Operating Expense Year ending December 30, 2009 (B"Sublessee‘s Operating Expense Payment") repair or maintenance of the central courtyard, and within ten (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (2010) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee Master Landlord shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s furnished Sublessee with written approval notice thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have together with a copy of the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentOperating Expense Statement.”
Appears in 1 contract
Additional Rent. All monies other than Base Rent required to be paid by Sublessor under the Master Lease as to the Subleased Premises shall be paid by Sublessee hereunder as and when such amounts are due under the Master Lease, as incorporated herein. All such amounts shall pay as be deemed additional rent (“Additional Rent”); provided, within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, however that Sublessee shall pay to only be liable for any amounts payable by Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectivelyas “Operating Expenses”, “Operating Expense Payments”, Real Estate Taxes” and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional RentUtilities” (as defined in Section 4.2 of the Master Lease) due from Sublessorto the extent the same are in excess of any amounts payable by Sublessor as to the Subleased Premises in calendar year 2009 (the “Base Year”). Sublessee and Sublessor agree that the Subleased Premises account for 72.64% of the obligation for total Operating Expenses, as tenant, Real Estate Taxes and Utilities chargeable to Master Lessor under Paragraphs 4.D.(a) and (b) of Sublessor pursuant to the Master Lease, and (c) the management fee charged by Master Lessor for purposes of calculating those costs chargeable to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base RentYear. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent”. Sublessee and Sublessor agree, as a material part of the consideration given by Sublessee to Sublessor for this Sublease, subject to the Base Year above, that Sublessee shall pay all costs, expenses, taxes, insurance, maintenance and other charges of every kind and nature arising in connection with this Sublease, the Master Lease as to the Subleased Premises, or the Subleased Premises, such that Sublessor shall receive, as a net consideration for this Sublease, the Base Rent payable under Paragraph 4.A. hereof. Notwithstanding the foregoing, in the event any cost or expense is incurred under the Master Lease for Sublessee’s sole benefit (including the disproportionate use of utilities or dedicated HVAC units) or as a result of Sublessee’s request for certain services (such as after hours HVAC charges), Sublessee shall pay the entire cost thereof.”
Appears in 1 contract
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until prorated for all periods prior to the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion that the entire Subleased Premises has been delivered to Sublessee, on the basis of the Building, or (y) ratio that the Commencement Daterentable square footage of those portions of the Subleased Premises delivered to Sublessee bears to 94,484 rentable square feet. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyardcourtyard amongst the Buildings, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Samples: Sublease (Sandisk Corp)
Additional Rent. Sublessee shall pay In addition to the Base Rent payable by Subtenant as additional rent (“Additional Rent”)provided above, within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee Subtenant shall pay to Sublessor Sublandlord the following: (i) prior to the 2024 Commencement Date, Fifty-Five and Thirty-Three Hundredths percent (55.33%) (“Subtenant’s Proportionate Share”) of all sums or other charges required Operating Expenses due and payable by Sublandlord to be paid by Sublessor, as tenant, to Master Lessor Landlord under the Master Lease, including without limitationincluding, (a) but not limited to, all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectivelypremiums, “Operating Expense Payments”costs of repairs, and which utilities; (ii) from and after the 2024 Commencement Date, Subtenant’s Proportionate Share shall include expenses relating equal one hundred percent (100%) and all references herein to Subtenant’s Proportionate Share shall mean and equal one hundred percent (100%); (iii) one hundred percent (100%) of the charges for any services and utilities provided solely to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in Subleased Premises due under the Master Lease) due from SublessorLease with respect to the Term to the extent payable to Landlord under the Master Lease and otherwise not included as Base Rent, as tenant, including such service and utility charges pursuant to Master Lessor under Paragraphs 4.D.(a) Sections 15 and (b) 16 of the Master Lease, and ; and/or (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (iiv) any costs and expenses related or attributable to Subtenant, or the use and occupancy of the Subleased Premises by Subtenant or any permitted assignee or Subtenant (e.g. personal property taxes, overuse of utilities or requested overtime HVAC services). All amounts payable by Subtenant under this Section 3(b) are referred to in this Sublease as “Basic Additional Rent.” The term “Rent” as used herein shall mean all Base Rent and Additional Rent. Each amount due from Sublessorto pursuant to Section 3(b) above and each other amount payable by Subtenant hereunder, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease unless a date for payment of such amount is provided the same are not caused by the default or breach of any of Sublessee’s obligations contained for elsewhere in this Sublease. Sublessor , shall not charge Subtenant a management fee with regard be due and payable to the BuildingSublandlord at the same time and in the same manner as Base Rent, other but in no event later than the management fees charged by Master Lessor date on which any such amount is due and payable under the Master Lease. Notwithstanding Sublandlord shall deliver to Subtenant all Annual Statements immediately following receipt. Subtenant shall have the foregoing, Sublesseeright to cause an Independent Review of Landlord’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time books and records as twenty-five (25) or more employees of Sublessee occupy any portion provided in Section 7.7 of the BuildingMaster Lease provided that Subtenant has requested Sublandlord to perform such Independent Review at least ten (10) business days prior to the expiration of the period to elect an Independent Review and Sublandlord shall notify Landlord prior to the expiration of such period. Following Subtenant’s request, or Sublandlord shall timely notify Landlord in the time period set forth in Section 7.7 of the Master Lease and perform such Independent Review on Subtenant’s behalf, but at Subtenant’s sole cost and expense (y) the Commencement Date. Moreover, Sublessee agrees subject to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor reimbursement pursuant to Section 54 7.7 of the Master Lease). Upon completion of such Independent Review, (B) repair or maintenance the parties shall reconcile the Operating Expense in the same manner as set forth in Section 7.7 of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentMaster Lease.”
Appears in 1 contract
Samples: Sublease (Upstart Holdings, Inc.)
Additional Rent. Sublessee Commencing on the earlier of: (i) the Delivery Date for each Building or (ii) the Commencement Date for the applicable Building, Subtenant shall pay to Sublandlord, as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” Charges (as defined in the Master Prime Lease) due from Sublessor), as tenantincluding but not limited to Real Estate Taxes, Expenses, and all other such amounts payable by Sublandlord under the Prime Lease allocable to such Building, and, following the Building 20 and 21 Commencement Date for the entire Demised Premises (excluding Specific Default Charges). As used herein, “Specific Default Charges” shall mean, to Master Lessor the extent not caused in whole or in part by Subtenant’s default hereunder, any amounts resulting solely from a default by Sublandlord under Paragraphs 4.D.(a) the Prime Lease and (bidentified in a notice of default delivered by Prime Landlord to Sublandlord, which amounts may include, without limitation, any late fees or interest payable by Sublandlord pursuant to Section 4(e) of the Master Prime Lease. Without limiting the generality of the foregoing, Subtenant shall pay to Sublandlord, as Additional Rent, all charges for (i) alterations (excluding charges for alterations made by Sublandlord prior to the date hereof), (ii) all amounts payable to by Subtenant pursuant to Section 2(c) of the Work Letter Agreement attached as Exhibit B hereto, (iii) any additional services provided to the Demised Premises or otherwise in connection with the Prime Lease, including, without limitation, charges and fees for after-hours heating and air conditioning services, if any, and (civ) all costs for electricity consumed at the management fee charged Demised Premises. Sublandlord shall provide Subtenant with copies of all relevant statements and bills received by Master Lessor Sublandlord pursuant to Sublessor under the Master applicable provisions of the Prime Lease. Subtenant shall pay one-twelfth of the annual Expenses and Real Property Taxes, as defined and estimated pursuant to Article 4 of the Prime Lease, but expressly excluding (ito Sublandlord together with each monthly payment of Base Rent subject to annual reconciliation in accordance with Section 4(c)(3) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under of the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Prime Lease. Notwithstanding the foregoing, Sublessee’s obligation if the Prime Lease requires Sublandlord to pay Operating Expense Payments for Expenses or Real Estate Taxes other than on a monthly basis based on estimates of such costs, Subtenant shall make payments of each element of Expenses or Real Estate Taxes on the Subleased Premises shall be tolled until the earlier later of (xi) such time as twenty-five two (252) or more employees business days prior to the date on which Sublandlord is obligated to pay the applicable sum under the Prime Lease (only if the applicable element of Sublessee occupy any portion of Expenses and/or Real Estate Taxes is payable by Sublandlord under the BuildingPrime Lease), or (yii) twenty (20) business days after receipt of a statement from Sublandlord setting forth the Commencement Dateamount of Real Estate Taxes and/or Expenses due. Moreover, Sublessee agrees to Subtenant shall pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, all other Additional Rent within twenty (20) business days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no receipt of an invoice therefore from Sublandlord. Subtenant’s obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of pay Additional Rent as for a default in shall survive the payment expiration or earlier termination of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentthis Sublease.”
Appears in 1 contract
Additional Rent. Sublessee (a) Subtenant shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges be required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required any amounts payable by Sublessor to be paid by Sublessor, as tenant, to Master Lessor Overlandlord under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating Main Lease pursuant to the Parking Areas and Outdoor Areas, provisions thereof as such terms are defined below), (b) all “Additional Rent” Charges (as defined in the Master Main Lease) ), including, without limitation, all sums due from Sublessorin respect of real estate taxes, as tenantutilities, to Master Lessor under Paragraphs 4.D.(a) expenses of operation, escalations or any other matters, and (b) the entire amount of the Master Leasecosts, and (c) the management fee charged by Master Lessor to Sublessor under the Master Leaseif any, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by imposed on Sublessor pursuant to Section 54 of the Master LeaseMain Lease (collectively, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor"Additional Rent"); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have required to pay any sums due to Overlandlord under the same remedies for Main Lease solely as a result of a default by Sublessor as tenant under the Main Lease when Subtenant is not similarly in default under this Sublease (e.g., late charges and attorney's fees due as a result of the late payment of rent under the Main Lease when Subtenant has timely paid all Fixed Rent and Additional Rent).
(b) There shall be no proration or adjustment of Additional Rent as a result of the occupancy of any part of the Subleased Premises by Sublessor under Paragraphs 1(c) or 32. To the extent that Sublessor has prepaid any item constituting Additional Rent (e.g., real estate taxes) for a default in period beyond the payment Rent Commencement Date, same shall be adjusted as between Sublessor and Subtenant as of Base the Rent Commencement Date. All amounts, charges, expenses, pass throughs and other sums due from Subtenant to Sublessor under this Sublease (other than Fixed Rent. Base ) shall constitute Additional Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentshall be paid within five (5) days after demand.”
Appears in 1 contract
Samples: Sublease Agreement (He Ro Group LTD)
Additional Rent. Sublessee shall pay Tenant covenants and agrees to pay, as additional rent rent, Tenant’s Proportionate Share (“as hereinafter defined), adjusted to reflect an occupancy rate in the Building of one hundred percent (100%), of the following costs and expenses: (i) all costs and expenses incurred by Landlord relating to the Premises; (ii) all costs and expenses relating to the Common Facilities; and (iii) if applicable, certain costs and expenses relating to the Property and the Park, all as hereinafter provided and to pay all other amounts payable by Tenant under the terms of this Lease ("Additional Rent”"), within twenty (20) days after demand thereforincluding, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property TaxesTaxes and Assessments (as defined in Article V below); (b) insurance costs (as provided in Article VI below); (c) operating expenses (as provided in Section 7.2 below); (e) maintenance and repair expenses (as provided in Section 7.3 below); and, insurance premiums (f) other costs and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor AreasPremises, the Common Facilities, the Property, and, if applicable, the Park during or attributable to the Term, all as such terms are defined below)hereinafter provided in this Lease. Landlord shall notify Tenant in writing, (b) all “giving calculations of the amount of Additional Rent” (as defined in , which Additional Rent shall be payable at the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Leasesame time as, and (c) in addition to, the management fee charged by Master Lessor to Sublessor under the Master LeaseBase Rent, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained minimum Base Rent may never be less than that stated in this SubleaseSection 4. Sublessor Tenant shall not charge Subtenant a management fee with regard to further pay as Additional Rent any sales or use tax imposed on rents collected by Landlord or any tax on rents in lieu of ad valorem taxes on the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation even though laws imposing such taxes may attempt to require Landlord to pay Operating Expense Payments for the Subleased Premises same. If any such sales or use tax shall be tolled until imposed upon Landlord, and Landlord shall be prohibited by applicable law from collecting the earlier amount of such tax from Tenant as Additional Rent, then Landlord, upon sixty (x60) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Buildingdays prior written notice to Tenant, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master may terminate this Lease, (B) repair or maintenance of the central courtyard, unless Tenant legally can and (C) repair, maintenance, replacement or new construction of improvements does in fact reimburse Landlord for such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Renttax.”
Appears in 1 contract
Samples: Lease (Immucor Inc)
Additional Rent. All monies other than Base Rent required to be paid by Sublessor under the Master Lease as to the Subleased Premises, including, without limitation, any amounts payable by Sublessor to Master Lessor as “Direct Expenses” (as defined in Section 4.2.2 of the Master Lease) and costs of utilities under Section 6.2 of the Master Lease, as incorporated herein, with respect to the Subleased Premises shall be paid by Sublessee hereunder as and when such amounts are due under the Master Lease, as incorporated herein. Sublessee shall be entitled to its Pro Rata Share of all credits, if any, given by Master Lessor to Sublessor for Sublessor’s overpayment of such expenses to the extent paid by Sublessee. Sublessor shall promptly forward the appropriate invoices received from Master Lessor. For avoidance of doubt, Sublessee shall not be required to pay for any Additional TI Allowance Payment payable under the Master Lease. Sublessee shall also pay to Master Lessor its pro rata share based on the square footage of the Subleased Premises to the square footage of the Premises (“Pro Rata Share”), which amount may be equitably adjusted by Sublessor based on its reasonable determination of actual usage, within thirty (30) days of request by Sublessor, of the cost of any utilities that are not separately metered and not included in Direct Expenses and Sublessee’s Pro Rata Share of Sublessor’s actual and reasonable cost of performing any repairs or maintenance to the shared clean dry air and house vacuum systems or providing the services described in Paragraph 9.B and any other services that benefit the Subleased Premises (but excluding any capital improvements or expenditures except to the extent amortized over their useful lives as reasonably determined by Sublessor), and shall pay the entire cost of such amounts to the extent due to the misuse or excess use or negligence, willful misconduct or violation of this Sublease by Sublessee or its agent, employee or contractor. Sublessee shall also pay any gross receipts or rent tax payable with respect to this Sublease, but Sublessee shall not be required to pay any gross receipts or rent tax payable with respect to the Master Lease. All such amounts shall be deemed additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent”. Notwithstanding anything to the contrary in the Sublease, Sublessee shall not be required to pay any Rent or perform any obligation that is required as a result of a default by Sublessor of any of its obligations under the Master Lease (except to the extent such default was due to the negligence or willful misconduct of Sublessee or its agents, employees, contractors, licensees or invitees or violation of this Sublease by Sublessee) or, except to the extent due to the negligence or willful misconduct of Sublessee or its agents, employees, contractors, licensees or invitees or violation of this Sublease by Sublessee, the misuse, negligence or willful misconduct of or by Sublessor or its agents, contractors or invitees or the violation of law by Sublessor.”
Appears in 1 contract
Samples: Sublease (Graphite Bio, Inc.)
Additional Rent. Sublessee shall also pay to Sublessor Sublessee’s Pro Rata Share of any amounts payable by Sublessor to Master Lessor as “Direct Expenses” (as defined in Section 4.2.2 of the Master Lease) and costs of utilities under Section 6.2 of the Master Lease, as incorporated herein, with respect to the Subleased Premises shall be paid by Sublessee hereunder as and when such amounts are due under the Master Lease, as incorporated herein. Sublessee shall be entitled to its Pro Rata Share of all credits, if any, given by Master Lessor to Sublessor for Sublessor’s overpayment of such expenses. Sublessee shall also pay Sublessor its Pro Rata Share, within thirty (30) days of request by Sublessor, of Sublessor’s actual and reasonable cost of maintaining and operating the autoclave/glass wash facility and in performing any repairs or providing other services to the Shared Areas (such as maintenance of any systems therein but excluding any capital improvements or expenditure), and shall pay the entire cost of such amounts to the extent due to the misuse or excess use or negligence, willful misconduct or violation of this Sublease by Sublessee or its agent, employee, or contractor. All such amounts shall be deemed additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent.”” Notwithstanding anything to the contrary in the Sublease, Sublessee shall not be required to pay any Rent or perform any obligation that is required as a result of a default by Sublessor of any of its obligations under the Master Lease (except to the extent such default was due to the negligence, willful misconduct or violation of this Sublease by Sublessee) or the misuse, negligence or willful misconduct of Sublessor or its agents, contractors or invitees or the violation of law by Sublessor.
Appears in 1 contract
Samples: Sublease (CytomX Therapeutics, Inc.)
Additional Rent. Sublessee shall In addition to Base Rent, Tenant agrees to pay to Landlord as additional rent (“Additional Rent”)): (i) beginning on the Post Rent Credit Date, within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, Tenant’s Share of “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional RentExpenses” (as defined in Section 5), provided that for the Master Leasefirst 2 months after the Post Rent Credit Date, Tenant’s Share of Operating Expenses for the Project, Tenant’s Share of 60 Binney Building Expenses and Tenant’s Share of Operating Expenses for the Premises shall be calculated based on 195,000 rentable square feet in the Premises and Tenant’s Share of Campus Expenses shall be calculated based on 169,475 square feet of “gross floor area” (as defined in Section 10) due from Sublessorin the Premises, (i.e., for such 2-month period, Tenant’s Share of Operating Expenses for the Project shall be 36.76%, Tenant’s Share of 60 Binney Building Expenses shall be 76.25%, Tenant’s Share of Operating Expenses for the Premises shall be 77.04% and Tenant’s Share of Campus Expenses shall be 14.03%), and thereafter Tenant’s Share of Operating Expenses for the Project, Tenant’s Share of 60 Binney Building Expenses, Tenant’s Share of Operating Expenses for the Premises and Tenant’s Share of Campus Expenses shall be as tenantset forth in the Basic Lease Provisions, to Master Lessor under Paragraphs 4.D.(a) and (b) provided further that beginning on the Delivery Date in the event of a CM Build Election, or the date of Substantial Completion of the Master LeaseShell and Core Improvements in the event of a Non-CM Build Election, Tenant shall pay for the costs of the Utilities used in the construction of the Tenant Improvements or consumed in the Premises as provided in Section 11, (ii) beginning on the Post Rent Credit Date, Tenant’s Share of Operating Expenses for the Garage, and (ciii) the management fee charged by Master Lessor to Sublessor as and when due under the Master this Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and all other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default amounts Tenant assumes or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share under the provisions of this Lease, including, without limitation, any and all other sums that may become due by reason of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 Default of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentTenant.”
Appears in 1 contract
Samples: Lease Agreement (2seventy Bio, Inc.)
Additional Rent. All monies other than Base Rent required to he paid by Sublessor under the Master Lease, including, without limitation, any amounts payable by Sublessor to Master Lessor as “Real Property Taxes” (as defined in Section 10 of the Master Lease) and all insurance costs pursuant to Section 8 of the Master Lease, shall be paid by Sublessee hereunder as and when such amounts are due under the Master Lease, as incorporated herein, subject to the terms of this Paragraph 4.B. All such amounts shall pay as be deemed additional rent (“Additional Rent”). Base Rent and Additional Rent hereinafter collectively shall be referred to as “Rent”. Sublessee and Sublessor agree, within twenty (20) days after demand therefor, all sums or other charges required to be paid as a material part of the consideration given by Sublessee under to Sublessor for this Sublease. During the Term, that Sublessee shall pay to Sublessor all sums or costs, expenses, taxes, insurance, maintenance and other charges required to be paid by Sublessorof every kind and nature arising in connection with this Sublease, the Master Lease or the Subleased Premises, such that Sublessor shall receive, as tenanta net consideration for this Sublease, the Base Rent payable under Paragraph 4.A hereof; provided, however, that notwithstanding anything to the contrary set forth in this Sublease, Sublessor shall be solely responsible for paying to Master Lessor under the Master Lease, including without limitation, (a) and all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged Rent imposed by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided to the same are extent due to any breach of the Master Lease committed or caused by Sublessor and not caused by the default or a breach of any of Sublessee’s obligations contained in under this Sublease. Sublessor shall not charge Subtenant a management fee with regard promptly deliver to the BuildingSublessee copies of all invoices, statements, written demands and other than the management fees charged written notices for Additional Rent that are given to Sublessor by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation and are related to pay Operating Expense Payments for the Subleased Premises shall be tolled until and the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentSublease Term.”
Appears in 1 contract
Samples: Sublease (Couchbase, Inc.)
Additional Rent. In addition to Monthly Base Rent, Sublessee shall pay as additional rent (“Additional Rent”)to Sublessor, at the time that Sublessee pays Monthly Base Rent or, if so notified by Sublessor in writing, within twenty (20) days after demand receipt of Sublessor's invoice therefor, one hundred percent (100%) of "Tenant's Building Share", "Tenant's Phase Share" and "Tenant's Project Share" (all sums or other charges as defined in Section 1.01(16) of the Master Lease, including, without limitation all Rent Adjustment Deposits and Rent Adjustments [defined in Section 1.03 of the Master Lease]) of all Operating Expenses (as defined in Section 1.03 of the Master Lease) payable by Sublessor to Master Lessor with respect to the Subleased Premises. Sublessee also shall be responsible for payment of its own utilities, as set forth in Section 6.02 of the Master Lease, to the extent not provided to the Subleased Premises, as well as its own telephone, telecommunications and data communications charges, directly to the provider. All monies required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by SublessorSublease (except for Monthly Base Rent, as tenant, to Master Lessor under the Master Leasedefined in Paragraph 4.A.), including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged any amounts payable by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided with respect to the same are not caused Subleased Premises, shall be deemed additional rent ("Additional Rent"). Sublessee and Sublessor agree, as a material part of the consideration given by the default or breach of any of Sublessee’s obligations contained in Sublessee to Sublessor for this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation pay all costs, expenses, taxes, insurance, maintenance and other charges of every kind and nature arising in connection with the Master Lease and relative to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyardSubleased Premises during the Term, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. such that Sublessor shall have the same remedies receive, as net consideration for a default in the payment of Additional Rent as for a default in the payment of Base Rentthis Sublease, full reimbursement thereof. Monthly Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “"Rent.”"
Appears in 1 contract
Samples: Sublease (Genitope Corp)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required In addition to be paid the Base Rent payable by Sublessee under this Sublease. During the Term, Sublessee shall also pay the following expenses under the Lease: (i) fifty percent (50%) of the cost of all summer landscaping; (ii) fifty percent (50%) of the cost of lawn irrigation maintenance; (iii) all water bills levied against the Leased Premises, except when lawn irrigation is underway, in which case Sublessee shall pay fifty percent (50%) of the water bills; (iv) all electricity expenses over and above the sum of SEVEN HUNDRED AND NO/100 DOLLARS ($700.00) incurred on a monthly basis; (v) seventy-five percent (75%) of all gas expenses on a monthly basis; (vi) the cost of preventative maintenance for all heating and air-conditioning units in the Sublease Space; and (vii) all other maintenance and operational costs and expenses chargeable to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums Lease and common area expenses required attributable to be paid to Master Lessor thereunder the Sublease Space (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “"Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease"). Sublessor shall not charge Subtenant a management fee with regard submit written invoices to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier Sublessee requesting payment of (x) such time as twenty-five (25) all or more employees of Sublessee occupy any portion of the Building, or Additional Rent. Sublessee shall pay all Additional Rent within ten (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (2010) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing from the costs and expenses incurred by effective date of Sublessor); provided, however, 's invoice for the same. In the event that Sublessee shall have no obligation to reimburse Sublesssor for Sublessor receives any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment refund of Additional Rent under the Lease or otherwise, with respect to amounts paid by Sublessee for the Sublease Space, as for provided herein, then Sublessor shall promptly remit all such refunds to Sublessee. In the event the remainder of the Leased Premises (excluding the Sublease Space) is sublet to a default in the payment of Base Rent. Base Rent third party, Sublessor and Sublessee agree to amend this Additional Rent are hereinafter sometimes referred provision to collectively as “Rentreflect the presence of another sublessee.”
Appears in 1 contract
Samples: Sublease (Micro Warehouse Inc)
Additional Rent. Sublessee shall pay as additional rent This Lease is intended to be a triple-net Lease with respect to Landlord; and subject to Paragraph 13(b) below, the Base Rent owing hereunder is (“Additional Rent”), within twenty (20i) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor Tenant net of all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums costs and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas Landlord's ownership and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) operation of the Master Lease, Project and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master LeaseBuilding, and (ii) not to be reduced, offset or diminished, directly or indirectly, by any late chargescost, default interest charge or expense payable hereunder by Tenant or by others in connection with the Premises, the Building and/or the Project or any part thereof. The provisions of this Paragraph 4(b) for the payment of Tenant's Proportionate Share(s) of Expenses (as hereinafter - - - - - - - - Confidential Treatment Requested. defined) are intended to pass on to Tenant its share of all such costs and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Subleaseexpenses. Sublessor shall not charge Subtenant a management fee with regard In addition to the BuildingBase Rent, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoingTenant shall pay to Landlord, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier in accordance with this Paragraph 4, Tenant's Proportionate Share(s) of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any all costs and expenses paid or incurred in connection with the operation, maintenance, management and repair of the Premises, the Building and/or the Project or any part thereof (collectively, the "Expenses"), including, without limitation, all the following items (Tenant's Proportionate Share(s) of the Expenses is hereinafter referred to as "ADDITIONAL RENT"):
(i) All supplies, materials and rental equipment used in the operation and maintenance of the Project.
(ii) Utilities, that are not separately metered to Tenant, including, without limitation, water, power, gas, sewer, waste disposal, communication and cable T.V. facilities, heating, cooling, lighting and ventilation of the Project.
(iii) A management fee equal to [*] of the annual Base Rent derived from the Building; and all wages, salaries and other compensation for any employees who provide service to the Building and/or the Project, provided that such wages, salaries and other compensation shall not exceed [*] in any given year (the "WAGE CEILING") (such Wage Ceiling to increase each year by Sublessor [*] of the Wage Ceiling for the preceding year).
(iv) Legal and accounting services for the Project, including, but not limited to, the costs of audits by certified public accountants of Basic Operating Cost records; provided, however, that legal expense shall not include the cost of (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Leasenegotiating lease terms for prospective tenants, (B) repair negotiating termination or maintenance extension of the central courtyardleases with existing tenants, and (C) repairproceedings against any other specific tenant relating to such tenant's breach of its lease, maintenanceincluding, replacement without limitation, failure to pay rent or new other sums due to Landlord from such tenant, or (D) legal costs incurred in connection with development and/or construction of improvements the Project.
(v) All insurance premiums and costs, including, but not limited to, the premiums and costs of fire, casualty, liability, rental abatement and earthquake insurance applicable to the Project and Landlord's personal property used in connection therewith (and all amounts paid as a result of loss sustained that would be covered by such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessorpolicies but for "deductible" or self-insurance provisions); provided, however, that Sublessee Landlord may, but shall have no not be obligated to, carry earthquake insurance. Notwithstanding the foregoing, if Landlord elects to carry earthquake insurance, Tenant shall only be obligated to pay the following amounts on account of such earthquake insurance during any calendar year: (A) if the premiums and costs associated with the earthquake insurance for the Building carried by Landlord for any given year are equal to or less than the Break Point defined below, Tenant shall pay [*] of such premiums and costs as Additional Rent; or (B) if the premiums and costs associated with the earthquake insurance for the Building carried by Landlord for any given year exceed the Break Point, Tenant shall only pay [*] of such premiums and costs as Additional Rent. For purposes of this provision, "BREAK POINT" shall equal [*] (such amount to increase each year by [*] of the Break Point for the preceding year). By way of example, if the premium and costs for earthquake insurance carried by Landlord in a calendar year are [*], Tenant shall be responsible for payment of [*] as Additional Rent; however, - - - - - - - - Confidential Treatment Requested. if the premiums and costs for earthquake insurance carried by Landlord in a calendar year are [*], Tenant shall be responsible for paying [*] as Additional Rent. If for any reason the earthquake insurance carried by Landlord is part of an umbrella or overall insurance policy covering the Building, the Project and other buildings, the determination of premiums and costs shall be based on the allocated portion of the premium and costs with respect to the Building, as reasonably determined by Landlord.
(vi) Repairs, replacements and general maintenance (except for repairs and replacements (A) paid for from the proceeds of insurance, (B) paid for directly by Tenant, other tenants or any third party, or (C) for the benefit solely of tenants of the Project other than Tenant to the extent that Tenant could not obtain similar services from Landlord without an obligation to reimburse Sublesssor Landlord for the entire cost thereof under the provisions of this Lease).
(vii) All real estate or personal property taxes, possessory interest taxes, business or license taxes or fees, service payments in lieu of such taxes or fees, annual or periodic license or use fees ("REAL PROPERTY TAXES"), including, but not limited to, all of the following: (A) all real estate taxes and assessments, and all other taxes relating to, or levied, assessed or imposed on, the Project, or any portion thereof, or interest therein; (aaB) replacement all taxes, assessments, charges, levies, fees, excises or penalties, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of an existing improvement any kind and nature imposed, levied upon, measured by or attributable to Landlord's equipment, furniture, fixtures and other property located in, or used in connection with, the central courtyardProject, or levied upon, measured by or reasonably attributable to the cost or value of any of the foregoing; (C) all other taxes, assessments, charges, levies, fees, or penalties, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of any kind and nature imposed, levied, assessed, charged or collected by any governmental authority or other entity either directly or indirectly (1) for public improvements, user, maintenance or development fees, transit, housing, employment, police, fire, open space, streets, sidewalks, utilities, job training, child care or other governmental services or benefits, (2) upon or with respect to the development, possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy of, or business operations in, the Project, (3) upon, against or measured by the area of the Project, or uses made thereof, or leases made to tenants thereof, or all or any part of the rents collected or collectible from tenants thereof, and (4) for environmental matters or as a result of the imposition of mitigation measures, including parking taxes, employer parking regulations, or fees, charges or assessments as a result of the treatment of the Project, or any portion thereof or interest therein, as a source of pollution or storm water runoff; (D) any tax or excise, however described, imposed in addition to, or in substitution partially or totally of, any or all of the foregoing taxes, assessments, charges or fees; and (E) any and all costs, expenses and attorneys' fees paid or incurred by Landlord in connection with any proceeding or action to contest in whole or in part, formally or informally, the imposition, collection or validity of any of the foregoing taxes, assessments, charges or fees. If by law any Real Property Taxes may be paid in installments at the option of the taxpayer, then Landlord shall include within Real Property Taxes only those installments (including interest, if any) which would become due by exercise of such option. Real estate taxes shall not include (x) inheritance or estate taxes imposed upon or assessed against the Project, or any part thereof or interest therein, or (bby) construction taxes computed upon the basis of the net income derived from the Project by Landlord or installation the owner of any new improvement interest therein.
(viii) Amortization (together with reasonable financing charges) of capital improvements made to the Premises, the Building or the Project subsequent to the Commencement Date that (A) are or will be required to comply with applicable law, ordinance rule or regulation, enacted or enforced after the Commencement Date, (B) are replacements of items which Landlord is obligated to maintain, or (C) are designed to improve the operating efficiency of the Project ("LIMITED CAPITAL IMPROVEMENTS"); provided, however, that in the central courtyardcase of Limited Capital Improvements made solely for effciency purposes, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval the amount chargeable as an Expense in any year shall not exceed Landlord's reasonable determination of the efficiency achieved either in direct cost savings, avoidance of cost increases anticipated to be unreasonably withheldrealized during the Term, conditioned or delayed by Sublesseea combination of both. Sublessor As used in this Paragraph 4(b)(viii), "AMORTIZATION" shall have mean allocation of the same remedies for cost equally to each year of useful life of the items being amortized or a default shorter period equal to the number of years required to recover the cost of said item of capital improvement out of the savings in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentoperating efficiency derived therefrom.”
Appears in 1 contract
Samples: Lease Agreement (Corixa Corp)
Additional Rent. For the purposes of this Sublease: the rentable area of the Sublet Premises mean 25,697 square feet, which is the agreed rentable square foot area of the Sublet Premises; and the rentable area of the Building shall mean 114,782 square feet, which is the agreed rentable square foot area of the Building; and “Sublessee’s Share” shall be deemed to mean 22.39%, which is the agreed percentage obtained by dividing 25,697 by 114,782. In the event that the rentable square foot area leased by Sublessor under the Prime Lease shall be increased or decreased during the term of this Sublease, Sublessee’s Share shall be recalculated in accordance with ANSI Z65.1-1996, as promulgated by the Building Owners and Managers Association. Sublessee shall pay as additional rent Additional Rent as and when Sublessor’s payments are due from Sublessor pursuant to the Prime Lease Sublessee’s Share of:
(“a) any increases in charges incurred by Sublessor pursuant to Article 4 of the Prime Lease over sums incurred by Sublessor pursuant to Article 4 of the Prime Lease for the calendar year ending December 31, 2006; and
(b) any increases in charges incurred by Sublessor pursuant to provisions of the Prime Lease other than Article 3 or 4 of the Prime Lease, provided however that Sublessee shall pay 100% of all charges payable for electricity and other utilities supplied to the Sublet Premises; 100% of all charges for services supplied to the Sublet Premises (except as otherwise set forth in this Sublease) and 100% of all such charges resulting from Sublessee’s violation of any provision of this Sublease; and
(c) If applicable in the jurisdiction where the Sublet Premises are situated, Sublessee shall pay and be liable for all rental, sales, use and other similar taxes, if any, (excluding income taxes of Sublessor) levied or imposed by any governmental or municipal authority having authority on payments by Sublessee pursuant to this Sublease. Any such payments shall be made concurrently with the payment of the Rent upon which the tax is based as set forth above. Sublessor shall provide Sublessee with copies of all documentation received by Sublessor from Landlord in support of calculations of Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid Rent payable by Sublessee under this Sublease. During At Sublessee’s written request, Sublessor shall exercise its rights pursuant to Section 4.6 of the Term, Sublessee shall pay Prime Lease to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to request documentation evidencing the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “accuracy of Landlord’s calculations of Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) dispute such calculations and seek to have them adjusted, provided that Sublessee shall pay Sublessor for any and all out of pocket expenses (including the Master Lease, reasonable accountants and (cattorneys fees) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in connection with such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentdispute.”
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Additional Rent. Sublessee shall pay 10.1 Xxxxxx hereby agrees to bear all costs and expenses relating directly and solely to the Demised Premises as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under . For purposes of this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “term "Additional Rent” (" is hereby defined as defined in all costs and expenses associated with the Master Lease) due from Sublessorownership, as tenantoccupancy, to Master Lessor under Paragraphs 4.D.(a) operation and (b) maintenance of the Master Lease, and (c) Demised Premises. Without limitation on the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach generality of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation Additional Rent shall be deemed to pay Operating Expense Payments be all utilities charges (including gas, electric, telephone, water, and sewage) incurred in connection with the Demised Premises; the installation, purchase, and maintenance of identity signs for the Subleased Premises shall be tolled until the earlier Demised Premises; sanitary control; sewer cleaning; trash removal and snow removal; painting; insurance premiums (including those for casualty protection, rental interruption, public liability, and property damage insurance); maintenance, repair, resurfacing and restriping of (x) such time as twenty-five (25) or more employees parking areas; repairs, policing, general maintenance of Sublessee occupy any portion and replacements for improvements of the BuildingDemised Premises; the cost of security personnel and equipment; real property taxes and assessments (special or general), personal property taxes, rent taxes, gross receipt taxes, or (y) any charges imposed in lieu of the Commencement Date. Moreoverforegoing taxes; labor, Sublessee agrees to pay its proportionate share wages, and other payments on behalf of any costs employees, contractors, and subcontractors; charges of independent contractors; supplies, materials, equipment, and tools; and overhead expenses incurred by Sublessor Lessor for (A) any insurance obtained by Sublessor pursuant to Section 54 the administration of the Master LeaseDemised Premises. Additional Rent shall not include capital expenditures by Lessor for improvements to or the renovation of the Demised Premises; however, (B) repair or the Lessee shall be responsible for the full maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of parking lot surfaces including any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval access ways. The Lessee shall not be unreasonably withheldresponsible for depreciation or amortization of the Demised Premises or assets related thereto. For purposes of this paragraph, conditioned the term "capital expenditures" shall mean those improvements which add value to the Property and which have a useful life of five (5) years or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. more.
10.2 Base Rent and Additional Rent are hereinafter sometimes herein referred to collectively as “Rent"rent," "rents" or "rentals").”
Appears in 1 contract
Samples: Lease Agreement
Additional Rent. In addition to Monthly Base Rent, Sublessee shall --------------- pay to Sublessor Sublessee's percentage share ("Percentage Share", as defined below) of any amounts payable by Sublessor to Master Lessor pursuant to the Master Lease, including, without limitation, Additional Rent (consisting of Taxes, insurance premiums, expenses and charges) as defined in Section 4.D. of the Master Lease. Sublessee's "Percentage Share" shall be twenty-four and eight tenths - percent (24.8%), which Percentage Shares was determined by dividing the total rentable area of the Subleased Premises by the total rentable area of the Premises. Sublessee also shall pay to Sublessor as additional rent (“Additional Rent”)rent, within twenty five (205) days after demand receipt of Sublessor's invoices therefor, all sums or Sublessee's Percentage Share of Sublessor's costs for water, gas, electricity, sewer, waste pick-up and any other charges utilities serving the Subleased Premises. Sublessee shall be responsible for payment of its own janitorial service and telephone, telecommunications and data communications charges. All monies required to be paid by Sublessee under this Sublease. During the TermSublease (except for Monthly Base Rent, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master LeaseParagraph 4.A. above) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of deemed additional rent (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date"Additional Rent"). Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Monthly Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “"Rent.”" Sublessee and Sublessor agree, as a material part of the consideration given by Sublessee to Sublessor for this Sublease, that Sublessee shall pay Sublessee's Percentage Share of all costs, expenses, taxes, insurance, maintenance and other charges of every kind and nature arising out of this Sublease or the Master Lease in connection with the Subleased Premises, such that Sublessor shall receive, as a net consideration for this Sublease, the Monthly Base Rent payable under Paragraph 4.A. hereof.
Appears in 1 contract
Additional Rent. Sublessee If Landlord shall give its consent to any assignment of this Lease or to any sublease, Tenant, in consideration therefor, shall pay the following to Landlord, as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, :
16.5.1 In the case of an assignemtn an amount equal to 50% of all sums and other consideration paid to Tenant by the assignee for or by reason of such assignment (including, bu tnot limited to, sums paid for the sale of Tenant's fixtures, leasehold improvements, equipment, furniture, furnishings or xxxxx personal property, less, in the case of a sale thereof, the then net unamotized or underpreciate cost thereof to Tenant determined on the basis of Tenant's federal income tax returns); and
16.5.2 In the case of a sublease, 50% of any rents, additional charges an other consideration payable under the sublease to Tenant by the subtenant in excess of the Base Rent, Additional Rent and Othe Charges accruing during the term of the sublease in respect of the subleased space (at the rate per square foot payble by Tenant hereunder) pursuant to the terms hereof (including, but not limited to, sums paid for the sale or rental of Tenant's fixtures, leasehold improvements, equipment, furniture or other charges required personal property, less, in the case of the sale thereof, an amount equal to the then net unamortized or undepreciated cost thereof to Tenant determined on the basis of Tenant's federal income tax returns, which amount shall be paid by Sublessee amortized on a straight line basis over the term of such sublease).
16.5.3 The sums payable under this Sublease. During the Term, Sublessee Section 16.5 shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectivelyLandlord as and when paid by the assignee or subtenant to Tenant.
16.5.4 Anything in this Article 16 to the contrary notwithstanding but provided Tenant shall have obtained from Landlord any consent which Tenant is obligated to obtain pursuant to this Article 16, “Operating Expense Payments”Tenant shall have the righ to sublease 25% of the demised premises or any lessor amount to a sole sublessee, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as in connection with such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval subletting Tenant shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of obligated to pay Additional Rent to Landlord as for a default outlined in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentthis Section 16.5.”
Appears in 1 contract
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property TaxesCommencing on January 1, insurance premiums and common area expenses required 2005, Subtenant shall pay, in addition to be paid to Master Lessor thereunder Base Rent, its Proportionate Share (collectively, “as hereinafter defined) of the (a) Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” Costs (as defined in the Master Prime Lease) due from Sublessorwhich are in excess of the Operating Costs in the Operating Cost Base Year, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) Taxes (as defined in the Prime Lease) which are in excess of the Master LeaseTaxes in the Tax Base Year (both of which payments, in addition to those payments set forth in Section 7(b) and any other amounts due hereunder, are referred to as "ADDITIONAL RENT"). For purposes of calculating such excess amounts, the term "Operating Cost Base Year" shall be calendar year 2004, and "Tax Base Year" shall be fiscal tax year 2004. Subtenant shall be responsible for its Proportionate Share of only the Operating Costs or Taxes billed to Sublandlord as a result of its leasing of the Building from the Prime Landlord (cas opposed to any separate buildings in the Park that are part of the Prime Lease). All payments due by Subtenant under this Section 7(a) shall be made on the management fee charged same day as comparable payments are due by Master Lessor to Sublessor Sublandlord under the Master Prime Lease. Upon Subtenant's request, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach Sublandlord shall provide Subtenant with copies of any appropriate backup provided by Prime Landlord setting forth the amount said excess Operating Expenses and Taxes. Subtenant's obligations hereunder shall survive the expiration of Sublessee’s obligations contained in this the Sublease. Sublessor shall not charge Subtenant a management fee Subtenant's Proportionate Share with regard respect to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Demised Premises shall be tolled until equal to the earlier Rentable Area set forth in Section 1 of this Sublease, divided by 77,666 square feet (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee if less than 95% of the Building is occupied by tenants at any time during the term of this Sublease, then the cleaning charges for such period shall be extrapolated by Sublandlord to the estimated cleaning charges that would have no obligation been incurred if the Building had been at least 95% occupied by tenants; and such extrapolated amount shall for the purposes hereof be deemed to reimburse Sublesssor be the amount of the cleaning charges for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentsuch period).”
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Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (201) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During Beginning with the payment of Fixed Rent due for the 13th full calendar month of the Term, Sublessee shall pay to Sublessor, as Additional Rent, Sublessee's Proportionate Share, as hereinafter defined, of such amounts as Sublessor all sums from time to time gives notice to Sublessee that Sublessor is obligated to pay to Landlord in respect of Operating Costs, including estimated payments thereof, under and pursuant to Section 4.2 of the Lease, but only to the extent such payments on an annualized basis, exceed, or other charges required are reasonably estimated by Sublessor to exceed, $9.50 per rentable square foot per year. Sublessee shall be paid entitled to Sublessee's Proportionate Share of any credit or refund as and when received by Sublessor, as tenantand shall pay Sublessee's
(2) All amounts payable by Sublessee to Sublessor pursuant to this Sublease, to Master Lessor under the Master Leaseincluding, including without limitation, (a) all Real Property TaxesFixed Rent and Additional Rent, insurance premiums and common area expenses required shall be deemed to be paid and shall constitute rent for all purposes hereunder and, in the event of any non-payment thereof, Sublessor shall have all of the rights and remedies provided herein (including, without limitation, those rights and remedies set forth in Section 10 hereof), at law or in equity for non-payment of rent. The obligation of Sublessee to Master Lessor thereunder (collectivelypay all amounts to Sublessor of Fixed Rent and Additional Rent due hereunder, “Operating Expense Payments”as well as any refund which may be due to Sublessee hereunder, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged other amounts payable by Master Lessor Sublessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessoras and to the extent incorporated herein and as modified hereby, as tenant, to Master Lessor under shall survive the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default Expiration Date or breach earlier termination of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Additional Rent. Sublessee During the Sublease Term, if Sublandlord shall pay as be charged for additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required sums pursuant to be paid by Sublessee under this Sublease. During any of the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under provisions of the Master Lease, including including, without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense PaymentsExpenses”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) Section 7.2 of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessorreal property taxes, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under set forth in Section 6.2 of the Master Lease provided the same are not caused (but excluding real property taxes arising from improvements performed by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard Sublandlord to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the BuildingMaster Premises outside the Subleased Premises after the Execution Date hereof), or (y) the Commencement Date. Moreoveras each is incorporated herein by reference, Sublessee agrees to pay its proportionate share of any costs and expenses but excepting those sums incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 Sublandlord as a result of Sublandlord’s breach of the Master LeaseLease not caused by Subtenant, (B) repair Subtenant shall pay, as “Additional Rent,” 100% of such additional rent or maintenance of sums that in Sublandlord’s reasonable opinion should be allocated solely to the central courtyardSubleased Premises, and if in Sublandlord’s reasonable opinion the same cannot reasonably be so allocated, then 29.44% (Cthe 17,948.92 rentable square feet of Sublease Premises divided by the 60,967 rentable square feet in the Master Premises) repairof those charges that relate generally to the Master Premises (as applicable, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor“Subtenant’s Share”); provided, however, that Sublessee Subtenant shall have no obligation be entitled to reimburse Sublesssor for Subtenant’s Share of any (aa) replacement refund of an existing improvement such additional rent or sums received by Sublandlord from Master Landlord in accordance with Section 7.4 of the central courtyardMaster Lease or of any refund of real property taxes paid pursuant to Section 6.2 of the Master Lease if Subtenant paid Subtenant’s Share of such real property taxes. In the event of any further subletting of any portion of the Master Premises and a modification of the Common Area, Subtenant’s Share may be recalculated by Sublandlord. If Subtenant shall procure any additional services from Master Landlord, or if additional rent or other sums are incurred by Sublandlord as Tenant under the Master Lease for Subtenant’s sole benefit, Subtenant shall pay 100% of the cost thereof and shall, within ten (bb10) construction says of demand therefor, make such payment to Sublandlord or installation of any new improvement in the central courtyardMaster Landlord, if Sublessor had not first obtained Sublessee’s written approval thereofas Sublandlord shall direct, which approval and such charges shall not be unreasonably withheldprorated between Sublandlord and Subtenant. Any other rent or other sums payable by Subtenant under this Sublease shall constitute and be due as Additional Rent. All Additional Rent that is payable to Sublandlord shall be paid at the time and place that Base Rent is paid, conditioned or delayed by Sublesseeexcept as otherwise provided in this Sublease. Sublessor shall Sublandlord will have the same remedies for a default in the payment of any Additional Rent as for a default in the payment of Base Rent. Together, Base Rent, Additional Rent and Additional Rent any other sums due hereunder from Subtenant are hereinafter sometimes referred to collectively in this Sublease as “Rent”. In the event of damage to the Subleased Premises, Rent shall xxxxx proportionately under this Sublease to the extent that rent abates under the Master Lease. Notwithstanding anything to the contrary contained in this Sublease, Subtenant shall not be required to pay any additional rent due from, or perform any obligation of, Sublandlord as Tenant under the Master Lease, that is (i) fairly allocable to any period of time prior to the Start Date, or (ii) payable as a result of a default by Sublandlord as Tenant under the Master Lease not caused by a default by Subtenant under this Sublease.”
Appears in 1 contract
Samples: Sublease (Exelixis, Inc.)
Additional Rent. Sublessee shall If and to the extent that Sublandlord is obligated to pay as additional rent (“Operating Expenses and/or Additional Rent”)Rent under the Master Sublease, within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee Subtenant shall pay to Sublessor all sums or other charges required to be paid by SublessorSublandlord, as tenant, to Master Lessor under the Master Lease, including without limitation, fifty-eight percent (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b58%) of all such amounts payable during the Master Lease, and term of this Sublease (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease"Sublease Share"). Notwithstanding the foregoing, Sublessee’s obligation the Sublease Share shall be equitably adjusted by the parties for any item of Operating Expenses or Additional 4 Rent that relates to pay or benefits the Sublease Premises disproportionately as compared to the balance of the Premises, or that arises as the result of the negligence or willful misconduct of Sublandlord or Subtenant or any of their employees, agents or invitees or a breach of this Sublease by Sublandlord or Subtenant. As an example but not in limitation of the generality of the foregoing, the Sublease Share payable by Subtenant would be 100% with respect to any cost to repair the building located on the Sublease Premises that is payable as an Operating Expense Payments for or Additional Rent under the Subleased Master Sublease. Similarly, and again as an example only, the Sublease Share payable by Subtenant would be 0% with respect to any cost to repair the building at 1565 Charleston so long as such building is a part of the Premises but not part of the Sublease Premises. Any reasonably adjustment in the Sublease Share by Sublandlord shall be tolled until rebuttably presumed to be correct. In addition, Subtenant shall pay additional rent payable under the earlier Master Sublease to the extent payable as a result of (x) such time as twenty-services requested or consumed by Subtenant on the Sublease Premises. The Sublease Share is calculated by dividing the rentable area of the Sublease Premises by the rentable area of the Premises leased by Master Sublandlord to Sublandlord pursuant to the Master Sublease. In the event the rentable area of the Premises or the area of the premises leased pursuant to the Master Sublease shall be changed during the Term, then the Sublease Share shall be recalculated. All payments under this Section 4.2 shall be due from Subtenant to Sublandlord no fewer than five (255) or more employees days prior to the date upon which Sublandlord's payment of Sublessee occupy Operating Expenses and/or Additional Rent is due to the Master Sublandlord, provided that Subtenant shall have been billed therefor at least ten (10) days prior to such due date (which bill xxxll be accompanied by a copy of Master Sublandlord's bill xxx other material furnished to Sublandlord in connection therewith). Sublandlord shall refund to Subtenant any portion overpayment by Subtenant of Operating Expenses and/or Additional Rent to the extent of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share Sublease Share of any costs and expenses incurred reimbursement received by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of Sublandlord under the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentSublease.”
Appears in 1 contract
Samples: Sub Sublease Agreement (Remedy Corp)
Additional Rent. Sublessee shall pay as additional rent (“In addition to the payment of the Base Rent described in Section 7(a) above, the reimbursements of Common Area Improvements and Parking Lot costs described in Section 6 above and the payment of the Additional Rent”)Payments described in subsection 7(c) above, within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee Subtenant shall pay to Sublessor Sublandlord "Subtenant's Proportion" (as said term is hereinafter defined) of all sums or other charges amounts that Sub]andlord is required to be paid by Sublessor, as tenant, pay to Master Lessor Overlandlord under the Master Primary Lease, including without limitationor obligated to pay to third parties under the Primary Lease, including, but not limited to, Additional Rent and Reimbursable Expenses (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such said terms are defined belowin the Primary Lease), no later than five (b5) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard days prior to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor)date that said amounts become delinquent; provided, however, that Sublessee in no event shall have no Subtenant be required to pay any administrative charges, penalties, late fees, interest, fines, attorneys' fees or costs or other such charges pursuant to this subsection (e) which arise out or relate to any acts or omissions of Sublandlord. The payment obligations described in this Section 7(e) are hereinafter collectively referred to as the "Payment Obligations". Notwithstanding anything to the contrary contained in this Sublease, Subtenant's obligations to pay the Payment Obligations shall commence on the Effective Date, and not the Commencement Date. Provided Subtenant is not in default hereunder, Xxxxxxxxxxx agrees to pay all Payment Obligations as and when they become due. For the purposes of this Sublease, "Subtenant's Proportion" shall mean one hundred percent (100%). In addition to the Payment Obligations, Subtenant acknowledges that it shall be responsible for its Member's Proportionate Share of the Association Costs (as said terms are defined in the Declaration). For the purposes of this Sublease, Subtenant's Member's Proportionate Share shall be forty-one percent (41%). Sub landlord shall apply for a separate tax parcel for the Premises promptly after the execution of the Sublease. Until such time as a separate tax parcel is issued, Subtenant shall pay its Member's Proportionate Share of real estate taxes based upon Subtenant's Proportion. Subtenant's obligation to-pay the Payment Obligations and its Member's Proportionate Share of the Association Costs shall commence on the Effective Date, and not the Commencement Date. All rental and other payments to reimburse Sublesssor be made by Subtenant to Sublandlord shall be made without setoff, deduction or reductions of any kind in any amount for any (aa) replacement of an existing improvement reason whatsoever. All rental payments shall be made to Sublandlord at 0000 Xxxxx Xxxxxxxx Xxxxxxx, Chicago, Illinois 60610 or such other place as Sublandlord may from time to time designate in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval writing by notice to Subtenant. All sums payable by Subtenant under this Sublease shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred deemed to collectively as “be "Rent.”"
Appears in 1 contract
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required In addition to be paid by Sublessee under this Sublease. During paying the TermBase Rent due hereunder, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor escalations for increases in Operating Expenses (A) any insurance obtained by Sublessor pursuant to as such term is defined in Section 54 2.02 of the Master Prime Lease), when and as such Operating Expenses are billed to Sublessor (as tenant) from Prime Lessor under the Prime Lease, said amount is currently $6.21 per rentable square foot. In addition, any and all other charges imposed on Sublessor (Bas tenant) repair under the Prime Lease shall be borne by Sublessee on the same terms and conditions as provided for in the Prime Lease and likewise shall be paid to Sublessor when and as such charges are billed to Sublessor (as tenant) under the Prime Lease. Sublessee shall make any and all such payments directly to Sublessor at the address stated in Section 5.05 hereof or maintenance such other persons as the Sublessor may from time to time direct. For purposes hereof, Sublessee's proportionate share of Operating Expenses shall be determined by multiplying Operating Expenses by a fraction, the numerator of which is the number of rentable square feet of Subleased Premises and the denominator of which is the number of rentable square feet of the central courtyardPremises as follows: Sublessee's proportionate share is approximately 34.26% (36,246rsf/105,790rsf=34.26%). In the event that the Prime Lessor invoices the Sublessor on a monthly basis for the estimated Operating Expenses, and Sublessor shall then invoice Sublessee on a monthly basis for the estimated Operating Expenses, in accordance with Section 2.02 of the Prime Lease. Sublessee shall have fifteen (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (2015) days to pay Sublessor after receipt of the written demand therefor invoice. Within six (which written demand 6) months following the close of each calendar year and following receipt of the documentation from the Prime Lessor, Sublessor shall contain documentation provide an accounting showing in reasonable detail evidencing all computation of the costs and operating expenses incurred by Sublessor); provided, however, for that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentyear.”
Appears in 1 contract
Samples: Sublease (Channelpoint Inc)
Additional Rent. Sublessee shall As provided in Section 7B of the Master Lease, Sublessor is obligated to pay to Master Landlord a portion of the total amount of the annual Operating Cost of Common Facilities (as additional rent (“Additional Rent”such term is defined in the Master Lease), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee agrees to pay the applicable Sublessor’s portion of the annual Operating Cost of Common Facilities determined by Master Landlord as additional rent under this Sublease (the “Additional Rent”). Such obligations shall pay be determined by in accordance with the Master Lease. Any such payments required by Sublessee pursuant to Sublessor all sums or other charges required to this subparagraph (c) shall be paid by Sublessee at the same time and in the same manner as Sublessor is obligated to make payments to Master Landlord (including the requirement for monthly payment of estimated amounts and for annual readjustments if the actual amount owed by Sublessee is different from the estimated amounts that Sublessee has paid with respect to any calendar year). If, as a result of any readjustment or otherwise, it is later determined that the amount paid by Sublessee as Additional Rent is more or less than the amount actually due during the term of this Sublease, then Sublessee or Sublessor, as tenantappropriate, shall reimburse the other for the difference promptly after the amount has been determined. However, Sublessee agrees that Sublessor shall have no duty to Master Lessor audit, review or challenge Sublessor’s share of annual Operating Cost of Common Facilities under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged determined by Master Lessor Landlord; provided that Sublessor agrees to Sublessor cooperate with any request by Sublessee to audit, review or challenge Sublessor’s share of annual Operating Cost of Common Facilities under the Master Lease, but expressly excluding (i) any “Basic Rent” due as determined by Master Landlord, Sublessee hereby agreeing to pay all out-of-pocket costs of Sublessor incurred in connection therewith provided that Sublessee has approved of such costs in advance. Any dispute arising from Sublessor, as tenant, to Master Lessor under said audit shall be governed by the provisions of the Master Lease, and (ii) any late charges, default interest and other penalties . The Master Landlord’s computation shall be binding on Sublessee in determining the Additional Rent due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard hereunder subject to the Building, other than the management fees charged by Master Lessor under terms of the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation Sublessee may at its sole cost and expense, audit the Operating Cost of Common Facilities as provided for in Section 7D of the Master Lease subject to pay Operating Expense Payments for the Subleased Premises conditions set forth therein. Any dispute arising from said audit shall be tolled until governed by the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 provisions of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Samples: Sublease (NationsHealth, Inc.)
Additional Rent. All monies other than Base Rent required to be paid by Sublessor under the Master Lease as to the Subleased Premises, including, without limitation, any amounts payable by Sublessor to Master Lessor as “Operating Expenses” (as defined in Section 4.2 of the Master Lease), shall be paid by Sublessee hereunder as and when such amounts are due under the Master Lease, as incorporated herein. Sublessee shall also pay to Sublessor (i) any gross receipts or rent tax payable with respect to this Sublease, (ii) all costs directly incurred by or at the request of Sublessee with respect to its use of the Subleased Premises and (iii) the share allocable to the Subleased Premises as reasonably determined by Sublessor of the actual, reasonable costs incurred by Sublessor with respect to the Premises, including to perform its obligations under the Master Lease, including with respect to utilities and roof and Building system maintenance, or to provide the services, including security, described herein to the extent not included in Operating Expenses. Sublessee shall pay as to Sublessor all such amounts within thirty (30) days of invoice therefor. All such amounts shall be deemed additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent”. Sublessee and Sublessor agree, as a material part of the consideration given by Sublessee to Sublessor for this Sublease, that Sublessee shall pay all costs, expenses, taxes, insurance, maintenance and other charges of every kind and nature arising in connection with this Sublease, the Master Lease as to the Subleased Premises or the Subleased Premises, such that Sublessor shall receive, as a net consideration for this Sublease, the Base Rent payable under Paragraph 4.A hereof.”
Appears in 1 contract
Samples: Sublease (Aytu Biopharma, Inc)
Additional Rent. Sublessee Sublessee's Proportionate Share of Sublessor's Proportionate Share shall pay as additional rent (“be considered "Additional Rent”)." Additional Rent shall also include expenses or charges applicable to the Premises, within twenty which may be imposed, at any time, on Sublessor pursuant to the Master Lease (20) days after demand thereforexpressly excluding any late charges, all sums interest or damages or other charges required or penalties imposed on Sublessor due to its negligence, willful misconduct, default or delay beyond any applicable grace period pursuant to the terms of the Master Lease) as described in the Master Lease or incurred by Sublessor in compliance with the Master Lease. As herein used, "Rent" shall include Monthly Rent and Additional Rent to be paid by Sublessee under pursuant to this SubleaseSection 5.b. During The payments of Additional Rent required of Sublessee pursuant to this Section shall be made within the Term, Sublessee shall pay to same time periods after notice from Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged amount owed as are established by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease for the comparable obligation of Sublessor to make such payments to Master Lessor, or if not so provided the same are not caused by the default or breach therein, within ten (10) days of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Leasewritten notice from Sublessor. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for 's Additional Rent will be payable in the Subleased Premises shall be tolled until the earlier of (x) such same time and manner as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred required by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease. Overpayments and underpayments of Additional Rent shall be handled in the same manner as provided in the Master Lease. Any overpayment by Sublessee shall be refunded to Sublessee within five (5) business days after the reconciliation, as long as Sublessee is not otherwise in default of its obligations hereunder. Any underpayment shall be deducted from Sublessee's Security Deposit and any shortage shall be paid by Sublessee within five (B5) repair or maintenance business days after Sublessee's receipt of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublesseereconciliation. Sublessor shall have the same remedies for a default in the payment promptly provide Sublessee with copies of all relevant estimates and statements prepared by Master Lessor with respect to Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Samples: Sublease Agreement (Techwell Inc)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined Notwithstanding any provision in the Master Lease) due from SublessorLease or in this Sublease to the contrary, as tenantin addition to the Base Rent, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding Subtenant shall also pay each month for (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of SublesseeSubtenant’s obligations contained electricity usage in this Sublease. Sublessor shall not charge Subtenant a management fee accordance with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 4.6 of the Master Lease, (Bii) repair or maintenance Prop C Taxes associated with Subtenant’s payments under this Sublease (it being understood and agreement that Sublandlord shall retain all responsibility for paying Prop C Taxes associated with Sublandlord’s payments under the Master Lease) and (iii) commencing on January 1, 2025, Tenant’s Proportionate Share of increases in Direct Expenses over the Direct Expenses attributable to calendar year 2024 (the “Base Year”), as calculated and provided by Sublandlord based upon the estimates and annual reconciliation provided by Master Landlord, pursuant to Section 4.6 of the central courtyardMaster Lease. Subject to the foregoing, all monies other than Base Rent required to be paid by Subtenant under this Sublease, including, without limitation, all amounts payable by Sublandlord under the Master Lease shall be deemed additional rent (the “Additional Rent”). Without limiting the foregoing, in the event any Additional Rent is incurred exclusively for Subtenant’s benefit or as a result of Subtenant’s request for certain services beyond standard Building services (such as extra hours’ charges, etc.) or otherwise, Subtenant shall pay the entire cost thereof. Notwithstanding the foregoing, “Additional Rent” under this Sublease shall not include, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee Subtenant shall have no responsibility or liability for (i) the payment of any cost, expense, and/or charge arising from Sublandlord’s breach of the Master Lease, (ii) costs arising from Sublandlord’s failure to perform any condition or obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in under the central courtyardMaster Lease, or (bbiii) construction any costs, expense or installation fee imposed by Master Landlord as a result of this Sublease (including any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval consent fees or attorneys’ fees incurred by Master Landlord as a result of this Sublease). Subtenant shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have entitled to receive the same remedies for a default in regular weekday janitorial services provided to Sublandlord under the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentMaster Landlord.”
Appears in 1 contract
Additional Rent. Sublessee shall pay As part of the consideration for the execution of this Lease Agreement, and in addition to the Base Rent specified above, Tenant covenants and agrees to pay, as additional rent (“the "Additional Rent”"), within twenty Tenant's pro rata share of the Operating Expenses (20as hereinafter defined). The estimated Operating Expenses for 2015 are $2.15 per square foot of rentable area. Notwithstanding anything to the contrary, Controllable Operating Expenses for any year in the Term shall not increase by more than eight percent (8%) days after demand therefor, all sums or other charges required to be paid by Sublessee under over the prior year. For purposes of this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, "Controllable Operating Expenses" shall mean all Operating Expenses except for Taxes (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(aParagraph 2 of Exhibit "B") and Insurance (b) defined in Paragraph 2 of Exhibit "B"). Tenant's pro rata share shall be a fraction, the Master Lease, numerator of which is the rentable area in the Leased Premises and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach denominator of any of Sublessee’s obligations contained which is rentable area in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay .
A. All Operating Expense Payments for the Subleased Premises Expenses shall be tolled until computed on the earlier of (x) such time accrual basis. The term "Operating Expenses" as twenty-five (25) or more employees of Sublessee occupy any portion used herein shall mean all expenses, costs and disbursements in connection with the ownership, operation, management, maintenance and repair of the Building, related pedestrian walkways , landscaping, fountains, roadways and parking facilities, and such additional facilities to service any of the foregoing in subsequent years as may be necessary or (y) desirable in Landlord's discretion, including, without limitation, the Commencement Date. Moreovercosts, Sublessee agrees to pay its proportionate share of any costs charges, and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant with respect to Section 54 the items enumerated as "Operating Expense Examples" in Paragraph 2 of the Master Lease, (Exhibit "B) repair or maintenance " to this Lease Agreement. Operating Expenses will not include those items enumerated as "Operating Expense Exclusions" in Paragraph 1 of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation Exhibit "B" to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentthis Lease Agreement.”
Appears in 1 contract
Samples: Lease Agreement (Soliton, Inc.)
Additional Rent. Sublessee In addition to Base Rent, Sub-Sub-subtenant shall pay as additional rent to Sub-Sub-sublandlord when due all other amounts payable by Sub-Sub-subtenant to Sub-Sub-sublandlord under the provisions of this Sub-Sub-sublease (collectively, “Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required ; provided that Sub-Sub-sublandlord shall have delivered to be paid by Sublessee under this SubleaseSub-Sub-subtenant reasonable backup documentation showing that Sub-Sub-sublandlord shall have incurred such amounts. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in shall include any and all amounts other than Base Rent payable hereunder, which, by the Master Lease) due from Sublessorterms of the Sub-Sublease, as tenantincorporated herein, would become due and payable by the Sub-subtenant thereunder to Master Lessor Sub-Sublandlord as additional rent or otherwise and which would not have become due and payable but for the acts, requests for services, and/or failures to act of Sub-Sub-subtenant, its agents, officers, representatives, employees, servants, contractors, invitees, licensees or visitors under Paragraphs 4.D.(a) and (b) of the Master Leasethis Sub-Sub-sublease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Leaseincluding, but expressly excluding not limited to: (i) any “Basic Rent” due increases in Landlord’s, Sublandlord’s or Sub-sublandlord’s fire, rent or other insurance premiums resulting from Sublessorany act or omission of Sub-Sub-subtenant, as tenant, to Master Lessor under the Master Lease, and (ii) any late chargescharges on account of Sub-Sub-subtenant’s use of heating, default interest ventilation or air-conditioning or condenser water, (iii) any charges to Sub-Sub-sublandlord or Sub-Sub-subtenant on account of Sub-Sub-subtenant’s use of special cleaning and freight elevator services or for overtime or other penalties due from Sublessorextra services requested or required by Sub-Sub-subtenant, as tenantand (iv) any review, to Master Lessor under the Master Lease provided the same are not caused by the default approval or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor Sub-Sublandlord under the Master LeaseSub-Sublease, Sublandlord under the Sublease or Landlord under the Lease on account of Sub-Sub-subtenant. Notwithstanding Following Sub-Sub-subtenant’s receipt of any services for which such Additional Rent would be payable and receipt by Sub-Sub-sublandlord of any statement or written demand from Sub-Sublandlord, Sublandlord or Landlord for payment of any such Additional Rent, Sub-Sub-sublandlord will furnish Sub-Sub-subtenant with a copy of such statement or demand, together with a statement of the foregoing, Sublessee’s obligation amount of any such Additional Rent. Sub-Sub-subtenant shall pay to Sub-Sub-sublandlord the amount of any Additional Rent payable under this Sub-Sub-sublease at least two (2) Business Days prior to the date on which payment thereof is due under the applicable provision of the Sub-Sublease (provided that such statement or demand shall have been delivered to Sub-Sub-subtenant). The obligations of Sub-Sub-subtenant to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Renthereunder shall survive the expiration or termination of this Sub-Sub-sublease.”
Appears in 1 contract
Samples: Sub Sub Sublease (Datadog, Inc.)
Additional Rent. Sublessee (a) If, for any Expense Year ending or commencing within the Term, the Direct Expenses for such Expense Year exceed the Direct Expenses applicable to the Sublease Base Year (the “Excess”),then Subtenant shall, without deduction or right of offset, pay to Sublandlord, in advance, on or before the first (1st) day of each calendar month of such Expense Year, 17.64% (“Subtenant’s Share”) of such Excess in the manner set forth in Section 3.2(b) below. For purposes hereof, the “Sublease Base Year” shall be calendar year 2022. For the avoidance of doubt, no amount is due for such Excess for any portion of the Term of the Sublease occurring in calendar year 2021, and any commercial rent tax or gross receipts tax assessed by the City and County of San Francisco and payable by Subtenant shall be based solely on the Rent pursuant to this Sublease and not any rent payable by Sublandlord pursuant to the Master Lease nor any other gross receipts. In addition, Subtenant shall pay to Sublandlord the amount of electrical costs charged by Master Landlord and applicable to the Subleased Premises (“Electrical Costs”) as Additional Rent pursuant to the terms of this Sublease.
(b) For each Expense Year, Subtenant’s monthly payments of Subtenant’s Share of the Excess, plus the Electrical Costs applicable to the Subleased Premises, shall be based on the estimates provided to Sublandlord by Master Landlord under the Master Lease, provided the actual Additional Rent payable by Subtenant pursuant to this Section 3.2 shall be based on Master Landlord’s annual statement of Direct Expenses (“Annual Statement”) for the particular Expense Year. The provisions of this Section 3.2(b) shall survive the expiration or earlier termination of this Sublease.
(c) Subtenant shall have the right to request Sublandlord to perform an inspection of Master Landlord’s records as provided in Section 4.6 of the Master Lease, provided that Subtenant has requested Sublandlord to perform such audit at least thirty (30) days prior to the expiration of the period to elect an audit, and Sublandlord shall notify Master Landlord prior to the expiration of such period. Following Subtenant’s timely request, Sublandlord shall, within the time period set forth in Section 4.6 of the Master Lease, perform such inspection utilizing a reputable certified public accountant selected by Sublandlord. Following the completion of such inspection, the amount of Direct Expenses due from Subtenant for such period covered by such inspection shall be reconciled in the same manner as set forth in Section 4.6 of the Master Lease. Subtenant shall reimburse Sublandlord for all costs and expenses incurred by Sublandlord to conduct such inspection; provided however, that, if Sublandlord receives a reimbursement from Master Landlord pursuant to Section 4.6 of the Master Lease for such inspection, Sublandlord shall credit Subtenant’s Share of such reimbursement against the next Rent payment due hereunder (or refund such amounts to Subtenant if no further Rent may become due from Subtenant).
(d) All amounts payable by Subtenant to Sublandlord hereunder, in addition to Base Rent, shall be deemed additional rent (“Additional Rent”). Subtenant shall only be responsible for such Additional Rent obligations arising on or after the Early Access Date; and, within twenty (20) days after demand therefor, all sums or other charges required notwithstanding anything to be paid by Sublessee under the contrary in this Sublease. During , Subtenant shall have no liability for any Additional Rent incurred as a result of the Termfailure of Sublandlord, Sublessee shall pay to Sublessor all sums or anyone claiming by, through or under Sublandlord other charges required to be paid by Sublessor, as tenantthan Subtenant, to Master Lessor under perform any of the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) or obligations of the Master Lease, and (c) the management fee charged by Master Lessor not attributable to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, or reasonably allocable to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default Subtenant’s use or breach occupancy of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base RentPremises. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent”.”
Appears in 1 contract
Samples: Sublease Agreement (Amplitude, Inc.)
Additional Rent. Sublessee shall pay as additional rent (“Additional In addition to Base Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall also pay directly to Sublessor all sums or other charges required Master Lessor, with a copy to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) entirety of all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged other costs payable by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) except for any “Basic Rent” due from Sublessorcosts for services, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same repairs or maintenance which are not caused by made at the default request or breach for the benefit of Sublessee ("ADDITIONAL RENT"). In addition, at all times during the Term of this Sublease, Sublessor shall maintain direct contracts, in Sublessor's own name, with the relevant utility provider, for the provision of any of Sublessee’s obligations contained in this Subleaseutilities to
1. the Subleased Premises, including, without limitation, for utilities such as electricity, water and heating. Sublessor shall not charge Subtenant a management fee with regard invoice Sublessee for the costs of the utilities provided under such contracts, and Sublessee shall pay to Sublessor such amounts as Additional Rent pursuant to the Building, other than the management fees charged by Master Lessor under the Master Leaseterms of this Section 3.(b). Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises Additional Rent shall be tolled until the earlier of (x) such time as twenty-payable to Master Lessor, except for those payments that are expressly due to Sublessor hereunder, which shall be due at least five (255) or more employees of business days prior to the date Sublessor must pay such amounts to Master Lessor. Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees shall further pay to pay its proportionate share of Sublessor as Additional Rent any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant applicable to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (Subleased Premises which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred are paid directly by Sublessor), including, but not limited to, utilities, personal property taxes and real property taxes; provided, however, that Sublessee shall have no obligation with respect to reimburse Sublesssor any of such costs which are incurred solely for any (aa) replacement the benefit of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base RentSublessor. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent"RENT.”" Sublessee shall be entitled to, and benefit from, any rental abatement granted Sublessor under the Master Lease for whatever reason to the extent that such abatement relates to the Subleased Premises and the Term of this Sublease.
Appears in 1 contract
Samples: Sublease (Vari L Co Inc)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required In addition to the Basic Rent to be paid by Sublessee under this Sublease. During the Term---------------- Sublessee, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, during the Term of this Sublease, as tenant, additional rent (hereinafter "Additional Rent"):
A. Ninety-three and 47/100 (93.47%) percent of the Landlord's Tax Costs due from Sublessor to Master Lessor Landlord under the Master LeaseLease except that the Base Tax Year shall be the City of Waltham fiscal year beginning July 1, including without limitation1995 and ending June 30, 1996.
B. Ninety-three and 47/100 (a93.47%) all Real Property Taxespercent of the Landlord's Operating Costs due from Sublessor to the Landlord under the Master Lease except that the Base Operating Costs shall be Landlord's Operating Costs for calendar year 1996.
C. As Additional Rent, insurance premiums $0.85 (85(cent)) per square foot per year for electricity charges for the Demised Premises.
D. All other rent, additional rent, costs, charges and common area expenses which Sublessor is required to be paid pay to Landlord under the Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating Lease with respect to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in Demised Premises only. Upon receipt of Landlord's Statement or Landlord's Tax Statement from Landlord pursuant to the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) provisions of Section 4.2 of the Master Lease, Sublessor shall deliver such Statement to Sublessee with a detailed description of Sublessee's share of Additional Rent. Sublessor and (c) Sublessee agree that at the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Leaseend of each fiscal year for Operating Costs, and (ii) any late chargeseach Tax Year for Tax Costs, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default an appropriate payment or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises refund shall be tolled until the earlier of (x) such time as made within twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); providedSublessor delivers to Sublessee Landlord's Statement or Landlord's Tax Statement, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentapplicable.”
Appears in 1 contract
Samples: Sublease (Lightbridge Inc)
Additional Rent. Sublessee shall (a) Subtenant agrees to pay to Sublandlord, as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During , the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid amount of any additional rent payable by Sublessor, as tenant, to Master Lessor Sublandlord under the Master LeaseXxxxxxxxx (to the extent related to Subtenant's use or occupancy of the Subleased Premises, including including, without limitation, pursuant to Sections 5.2 and 5.3 of the Xxxxxxxxx). It is agreed that any amounts payable by the Sublandlord under the Xxxxxxxxx (aincluding, without limitation, those payable pursuant to Sections 5.2 and 5.3 of the Xxxxxxxxx) all Real Property Taxesthat are not specifically attributable to either the Subleased Premises or the remainder of the Main Premises, insurance premiums shall be deemed attributable to the Subleased Premises and common included in Additional Rent in the same proportion as the rentable area expenses required of the Subleased Premises bears to the rentable area of the Main Premises ("Subtenant's Share", which, for the purposes of this Sublease, the parties agreed shall be deemed to be paid 12.1%). For purposes of this Sublease, Operating Costs shall, in addition to Master Lessor thereunder (collectivelythose amounts payable under Section 5.2 of the Xxxxxxxxx, “include those costs that are incurred by Sublandlord to the extent such costs would be permitted as Operating Expense Payments”, and which Costs had they been charged by Overlandlord. Operating Costs shall include expenses relating the costs of the services provided by Sublandlord as more particularly set forth on Schedule 6(a) hereto ("Sublandlord Services"). Notwithstanding anything to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined contrary in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to , the Building, other than the commercially reasonable management fees charged incurred by Master Lessor under Sublandlord (not to exceed 3% of gross rents from the Master Lease. Notwithstanding property, plus reimbursable) in connection with the foregoing, Sublessee’s obligation to pay Operating Expense Payments for operation and maintenance of the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion included in Operating Costs and Subtenant shall pay Subtenant's Share of the Buildingsame. For purposes of this Sublease, "Additional Rent" means any and all sums (whether or (y) the Commencement Date. Moreovernot specifically designated as "Additional Rent" in this Sublease), Sublessee agrees other than Monthly Base Rent, that Subtenant is or becomes obligated to pay its proportionate share to Sublandlord under this Sublease. Subtenant shall have the right to inspect, at reasonable times and in a reasonable manner, during the ninety (90) day period following the delivery of any Sublandlord's statement of the actual amount of Operating Costs, such of Sublandlord's books of account and records as pertain to and contain information concerning such costs and expenses incurred in order to verify the amounts thereof. Subtenant agrees that any information obtained during an inspection by Sublessor Subtenant of Sublandlord's books of account and records shall be kept in confidence by Subtenant and its agents and employees and shall not be disclosed to any other parties, except to Subtenant's attorneys, accountants and other consultants. Any parties retained by Subtenant to inspect Sublandlord's books of account and records shall not be compensated on a contingency fee basis. If Subtenant shall not dispute any item or items included in the determination of Operating Expenses for a particular Sublease Year by delivering a written notice to Sublandlord generally describing in reasonable detail the basis of such dispute within sixty (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (2060) days after written demand therefor (which written demand the statement for such year was delivered to it, Subtenant shall contain documentation in reasonable detail evidencing be deemed to have approved such statement. During the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation pendency of any new improvement in the central courtyarddispute over Operating Expenses, if Sublessor had not first obtained Sublessee’s written approval thereofSubtenant shall pay, which approval shall not be unreasonably withheldunder protest and without prejudice, conditioned or delayed Subtenant's Share of Operating Costs as calculated by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentSublandlord.”
Appears in 1 contract
Samples: Assignment of Sublease and Sub Sublease (CRISPR Therapeutics AG)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges All monies required to be paid by Sublessee under this Sublease. During Sublease (excluding Base Rent pursuant to Paragraph 4.A), including, without limitation, Tenant’s Pro Rata Share of Expenses and Taxes (as defined in Sections IV.C and IV.D of the Term, Sublessee shall pay to Sublessor all sums or other charges required to be Master Lease in excess of the Expenses and Taxes paid by Sublessor, as tenant, Sublessor to Master Lessor with respect to the Premises for calendar year 2006 (the “Sublessee Expenses and Taxes”) and all other sums payable by Sublessee to Sublessor under the Master Leaseterms of this Sublease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required are collectively herein referred to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to as the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent”. Base Rent and Additional Rent hereinafter collectively shall be referred to as “Rent.” Sublessee and Sublessor agree that, except as expressly set forth in this Sublease to the contrary, and except to the extent of Additional Rent (as defined in the Master Lease) due from Sublessor, as tenant, payable by Sublessor to Master Lessor as a consequence of a default by Sublessor (not caused by a default hereunder by Sublessee) to pay or perform any of its obligations under Paragraphs 4.D.(athe Master Lease, as a material part of the consideration given by Sublessee to Sublessor for this Sublease, from and after the date that is one (1) month after the Commencement Date, Sublessee shall pay all costs, expenses, taxes, insurance, maintenance and other charges payable by Sublessor under the Master Lease in connection with this Sublease, the Master Lease or the Premises during the Term, such that Sublessor shall receive as net consideration for this Sublease, the Base Rent payable under Paragraph 4.A hereof. Notwithstanding anything to the contrary contained in the foregoing, in no event shall Sublessee be obligated to reimburse Sublessor for any depreciation, or other “non-cash” expense items or amortization for Sublessor’s assets, including, without limitation, with respect to the Personal Property (bas described in Paragraph 28 below). Sublessee’s obligation to pay Sublessee’s Expenses and Taxes shall commence on May 1, 2007 and shall be paid as follows: For each month, commencing May 2007, Sublessee shall pay to Sublessor the total estimated amount of Expenses and Taxes payable by Sublessor to Master Lessor in excess of the estimated amount of Expenses and Taxes payable by Sublessor to Master Lessor for such month of the year in calendar 2006. Pursuant to the terms of the Master Lease, Master Lessor is required to provide a statement of the actual Expenses and Taxes for the Premises. Following Sublessor’s receipt of such statement from Master Lessor, Sublessor shall promptly forward a copy to Sublessee and notify Sublessee of any difference between the actual Expenses and Taxes for the calendar year in question and the actual Expenses and Taxes for calendar 2006 (the “Excess Expenses and Taxes”); provided, however, that, because payments for calendar year 2007 commence in May, the Excess Expenses and Taxes for 2007 shall be equal to 2/3 of the Excess Expenses and Taxes that would otherwise be determined in accordance with the foregoing formula. If the payments of Sublessee Expenses and Taxes for the calendar year in question are not equal to such Excess Expenses and Taxes, then there shall be an adjustment between Sublessor and Sublessee for any over or under payment of such Excess Expenses and Taxes for the preceding calendar period, with payment to Sublessor or credit to Sublessee against the next installment of Additional Rent (or refund following the expiration of the Sublease Term), as the case may require, within ten (10) days after Sublessor’s delivery of such reconciliation to Sublessee. If Master Lessor will not allow Sublessee to audit Master Lessor’s determination of the Expenses and Taxes for any calendar year, then Sublessee shall have the right to request that Sublessor exercise the audit rights provided to Sublessor pursuant to Section IV.E of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard unreasonably withhold its consent to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to such request and Sublessee shall pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) in connection with the audit. In any insurance obtained by Sublessor pursuant event, to Section 54 of the Master Leaseextent Sublessor, (B) repair either independently or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained at Sublessee’s written approval thereofrequest, which approval shall not be unreasonably withheldobtains any reduction in Expenses or Taxes paid by Sublessee to Sublessor, conditioned or delayed by Sublessee. Sublessor shall have credit the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent savings against Expenses and Additional Rent are hereinafter sometimes referred Taxes payable by Sublessee to collectively as “RentSublessor hereunder.”
Appears in 1 contract
Samples: Sublease (Netiq Corp)
Additional Rent. Sublessee All sums required hereunder to be paid by Subtenant whatsoever not included within Base Rent and payable by Subtenant under the terms of this Sublease shall pay as constitute additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, even if not specifically designated as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) hereunder and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are shall be payable without set-off or deduction whether or not caused by the default or breach of any of Sublessee’s obligations contained so specified elsewhere in this Sublease. Sublessor , and in the event of non-payment thereof by Subtenant, Sublandlord shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion have all of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs same rights and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement remedies with respect thereto as in the central courtyard, or (bb) construction or installation case of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the non-payment of Base Rent. Base Rent and Additional Rent are sometimes hereinafter sometimes collectively referred to collectively as “Rent” In addition to paying Base Rent, beginning on the Commencement Date, Subtenant shall pay to Sublandlord, as additional rent, 100% of the cost of: (a) the applicable sales tax on the Base Rent; (b) Subtenant’s share of the Allocated Share of Operating Costs in accordance with the terms and provisions of Article 5 of the Master Lease (c) late fees or penalties assessed against Sublandlord or Master Landlord as a result of Subtenant’s acts or omissions, and (d) charges incurred as a result of excess or additional services specifically requested by Subtenant for the Subleased Premises, such as extra air conditioning hours. Notwithstanding anything herein contained to the contrary, to the extent that any additional rent, sums, charges or other costs or expenses are due under the Master Lease by reason of a default of Sublandlord thereunder which is not directly derivative of a default of Subtenant hereunder or are otherwise due thereunder with respect to the seeking of a consent or approval by Sublandlord which is not directly derivative of a request hereunder by Subtenant or relate to a matter which first arose or first accrued prior to the Commencement Date, then, in any such event, the same shall not constitute additional rent hereunder and shall not be payable by Subtenant hereunder. During the Sublease Term, Subtenant shall have non-exclusive use on a first come, first served basis of twenty six (26) unreserved and (2) reserved parking spaces (“Parking Rate”) and subject to Section 31 of the Master Lease. The Parking Rate shall increase on annual basis pursuant to Section 31 of the Master Lease. The Subtenant’s right to use the parking space is expressly conditioned upon Subtenant’s compliance with all reasonable rules and regulations respecting parking established from time to time by Sublandlord or Master Landlord of which Subtenant is provided notice. Subtenant shall be required to pay for all such allocated parking spaces whether Subtenant uses such spaces or not.”
Appears in 1 contract
Additional Rent. Sublessee Tenant shall pay Landlord during the term of this Lease, as additional rent rent, all utility, diesel fuel, tax, and maintenance expenses, including maintenance of the access road, associated with the Premises, Tower and Transmitter Building and reasonably attributable, either directly or as a Proportional Share, to Tenant (“the "Additional Rent”"), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under . As used in this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) "Proportional Share" means that share of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and total common expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 all users of the Master Lease, (B) repair or maintenance Leased Premises calculated by dividing the space within the Transmitter Building occupied by each tenant by the total space occupied by all tenants. Tenant's interest in the Transmitter Building at any given time shall be that fraction determined by dividing the total number of square feet in Tenant's Space by the total number of square feet in the Transmitter Building. Landlord shall have the right to grant additional tenants use of the central courtyardTransmitter Building, provided that such use shall not, in Landlord's sole reasonable discretion, result in a material disturbance to Tenant's occupancy of Tenant's Space or involve any use or shared use of Tenant's Space by such additional tenant. Landlord shall maintain the Transmitter Building (but not the interior portions of the Tenant's Space or any personal property of Tenant including, but not limited to, Tenant's air conditioning and (Cventilation system and auxiliary power generator) repairso as to comply with existing rules and regulations imposed by any governmental authority having jurisdiction over the ownership or operations of the same. Tenant may install and maintain, maintenanceat its own cost, replacement or new construction of improvements an air conditioning and ventilation system adequate for Tenant's intended use and serving only Tenant's Space and an auxiliary power generator. Tenant may install in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement Tenant's Space in the central courtyardTransmitter Building and maintain, or (bb) construction or installation at its own cost, a monitored fire alarm system and security system. The selection of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written fire alarm system and security system shall be subject to the prior approval thereofof Landlord, which approval shall not unreasonably be unreasonably withheld, conditioned withheld or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rentdelayed.”
Appears in 1 contract
Samples: Tower Lease Agreement (Acme Intermediate Holdings LLC)
Additional Rent. Sublessee Commencing on the Rent Commencement Date, in addition to Base Rent, Subtenant shall pay as additional rent to Sublandlord, or to Master Landlord directly if Master Landlord so requires, (“Additional Rent”)i) Real Property Taxes, within twenty (20ii) days after demand thereforthe Asset Management Fee, and (iii) Subtenant’s share of costs incurred by Sublandlord pursuant to Section 8(a) below, all sums or other as is more particularly described in this Sublease. In addition, commencing on the Commencement Date Subtenant shall reimburse Sublandlord for any expenses and charges required to be paid by Sublessee Sublandlord, as Tenant, under the Master Lease that Subtenant is expressly required to pay by the terms of this Sublease, which shall include but not be limited to the costs (if any) under Section 8.1 of the Master Lease; cost of any bond required under Section 8.7 of the Master Lease; fees (if any) under Section 19.5 of the Master Lease which are due as a result of the acts of Subtenant; reimbursement for taxes on personal property, equipment and fixtures located in or about the Sublease Premises; and damages recoverable due to a default under the Master Lease which is a result of any Default or failure of performance by Subtenant under this Sublease. During the TermAll such amounts, Sublessee shall pay together with any other sums that are due from Subtenant to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor Sublandlord under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, terms of this Sublease are designated herein as such terms are defined below), (b) all “Additional Rent” (as defined for the purposes of this Sublease. If Subtenant defaults in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach performance of any of Sublessee’s its obligations contained hereunder after such notice and opportunity to cure as is provided in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoingthen Sublandlord may, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval but shall not be unreasonably withheldobligated to, conditioned or delayed by Sublesseeperform such obligations, and the cost thereof to Sublandlord shall also be Additional Rent. Sublessor Unless otherwise specifically provided in this Sublease, Subtenant shall have the same remedies for a default in the payment of pay Sublandlord all Additional Rent as for a default in within ten (10) business days after demand. As used herein the payment of term “Rent” refers to both Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Samples: Sublease (Dendreon Corp)
Additional Rent. Sublessee In addition to Base Rent, Sub-subtenant shall pay as additional rent to Sub-sublandlord when due all other amounts payable by Sub-subtenant to Sub-sublandlord under the provisions of this Sub-sublease (collectively, “Additional Rent”); provided that Sub-sublandlord shall have delivered to Sub-subtenant reasonable backup documentation showing that Sub-sublandlord shall have incurred such amounts. Additional Rent shall include any and all amounts other than Base Rent payable hereunder, within twenty (20) days after demand thereforwhich, all sums by the terms of the Sublease, as incorporated herein, would become due and payable by the Subtenant thereunder to Sublandlord as additional rent or other charges required otherwise and which would not have become due and payable but for the acts, requests for services, and/or failures to be paid by Sublessee act of Sub-subtenant, its agents, officers, representatives, employees, servants, contractors, invitees, licensees or visitors under this Sublease. During the TermSub-sublease, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Leaseincluding, but expressly excluding not limited to: (i) any “Basic Rent” due increases in Landlord’s or Sublandlord’s fire, rent or other insurance premiums resulting from Sublessorany act or omission of Sub-subtenant, as tenant, to Master Lessor under the Master Lease, and (ii) any late chargescharges on account of Sub-subtenant’s use of heating, default interest ventilation or air-conditioning or condenser water, (iii) any charges to Sub-sublandlord or Sub-subtenant on account of Sub-subtenant’s use of special cleaning and freight elevator services or for overtime or other penalties due from Sublessorextra services requested or required by Sub-subtenant, as tenantand (iv) any review, to Master Lessor under the Master Lease provided the same are not caused by the default approval or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor Sublandlord under the Master LeaseSublease, or Landlord under the Lease on account of Sub-subtenant. Notwithstanding Following Sub-subtenant’s receipt of any services for which such Additional Rent would be payable and receipt by Sub-sublandlord of any statement or written demand from Sublandlord or Landlord for payment of any such Additional Rent, Sub-sublandlord will furnish Sub-subtenant with a copy of such statement or demand, together with a statement of the foregoing, Sublessee’s obligation amount of any such Additional Rent. Sub-subtenant shall pay to Sub-sublandlord the amount of any Additional Rent payable under this Sub-sublease at least two (2) Business Days prior to the date on which payment thereof is due under the applicable provision of the Sublease (provided that such statement or demand shall have been delivered to Sub-subtenant). The obligations of Sub-subtenant to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Renthereunder shall survive the expiration or termination of this Sub-sublease.”
Appears in 1 contract
Samples: Sub Sublease (Datadog, Inc.)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand thereforCommencing on the commencement of the Early Occupancy Period and continuing throughout the Term, all sums or monies other charges than Monthly Base Rent required to be paid by Sublessee under this Sublease. During , including, without limitation: (i) one hundred percent (100%) of all utility charges with respect to any and all utilities serving the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master LeasePremises, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectivelylimitation any excess, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rentafter hours” (as defined in Exhibit C of the Master Lease) or supplemental utility consumption within the Premises; (ii) damages recoverable due from Sublessorto a default under the Master Lease which is the result of any default or failure of performance by Sublessee under this Sublease; (iii) Sublessee’s Share of all costs incurred by Sublessor in the installation, as tenantmaintenance, to Master Lessor under Paragraphs 4.D.(a) operation and (b) repair of the Master Lease, and (c) the management fee charged by Master Lessor electric car charging stations provided to Sublessor under the Master Lease, but expressly excluding (iiv) Sublessee’s own telephone, telecommunications and data communications charges, and any “Basic Rent” due from Sublessorother utility and janitorial charges contracted for directly by Sublessee, as tenant(v) all personal property taxes, to Master Lessor under charges and assessments on Sublessee’s trade fixtures, equipment and other personal property located in the Master LeasePremises, (vi) all permit, license or other governmental fees or charges arising out of Sublessee’s use and operation of the Premises, and (iivii) any late charges, default interest and other penalties costs or expenses due from SublessorSublessee to Sublessor under this Sublease (provided, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of however that Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s 's obligation to pay Sublessee’s Share of Operating Expense Payments Expenses shall not commence until the Commencement Date shall occur) shall collectively be deemed "Additional Rent" and, if not contracted for the Subleased Premises directly by Sublessee, shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees payable to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by receiving an invoice from Sublessor); provided, however, that Sublessee shall have no . Sublessee’s obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of pay Additional Rent as for a default in shall survive the payment expiration or earlier termination of Base Rentthe Term. Monthly Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “"Rent”. As used herein, "Sublessee's Share" shall mean Twenty-Two and Forty-Two Hundredths Percent (22.42%) (32,492/144,902).”
Appears in 1 contract
Samples: Sublease (Upwork Inc.)
Additional Rent. In addition to Base Rent, Sublessee shall pay --------------- to Sublessor Sublessee's percentage share ("Percentage Share", as defined below) of any amounts payable by Sublessor to Master Lessor pursuant to the Master Lease, including, without limitation, Operating Costs and Taxes as defined in Section 3.2 of the Master Lease. Sublessee's "Percentage Share" shall be thirty- five and forty-one hundredths percent (3 5.41 %), which Share was determined by dividing the rentable area of the Subleased Premises by the total rentable area of the Premises. Sublessee also shall pay to Sublessor as additional rent (“Additional Rent”)rent, within twenty (20) days after demand receipt of Sublessor's invoices therefor, all sums or other Sublessee's Percentage Share of Sublessor's costs for water, gas, electricity and sanitary sewer charges applicable to the Subleased Premises. Sublessee shall be responsible for payment of its own telephone, telecommunications, janitorial and trash pick-up charges. All monies required to be paid by Sublessee under this Sublease. During the Term, Sublessee Sublease shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, deemed additional rent (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “"Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease"). Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Monthly Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “"Rent.”" Sublessee and Sublessor agree, as a material part of the consideration given by Sublessee to Sublessor for this Sublease, that Sublessee shall pay Sublessee's Percentage Share of all costs, expenses, taxes, insurance,
Appears in 1 contract
Samples: Sublease (Clarent Corp/Ca)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 55 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “Rent.”
Appears in 1 contract
Samples: Sublease (Sandisk Corp)
Additional Rent. Sublessee shall pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or All monies other charges than Base Rent required to be paid by Sublessee to Sublessor under this SubleaseSublease shall be deemed “Additional Rent”. During Except as provided below, and provided that Sublessor has provided to Sublessee at least thirty (30) days prior written notice of such amounts so due (which notice may be given one time for recurring payments, provided such notice specifies the Termrecurring nature of the payments), Sublessee shall pay to Sublessor all sums or other charges required as and when due under the Master Lease “Tenant’s Building Share” of “Building Expenses” and “Tenant’s Project Share” of “Project Expenses” (as such terms are defined in the Master Lease) to be the extent such Building Expenses and Project Expenses actually accrued and were so paid by SublessorSublessor during the Term of this Sublease. In addition, within thirty (30) days of the date Sublessor has provided to Sublessee written notice of such amounts so due (and prior to delinquency as tenantto bills Sublessee receives directly from the taxing authority or utility company), Sublessee will be responsible for the payment of “Tenant’s Taxes” (as described in Section 28.1 of the Master Lease) attributable to the Term and Sublessee’s share of charges for the consumption of electricity and other utilities supplied to the Building, to Master Lessor the extent not included within Building Expenses under the Master Lease. Upon written request by Sublessee, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses provided Sublessee reimburses Sublessor for any costs required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) Section 5.5 of the Master Lease, Sublessor shall request copies of Master Lessor’s records relating to Building Expenses and Project Expenses and shall permit Sublessee to audit the records of Sublessor and, subject to Master Lessor’s consent (c) the management fee charged which consent must be included in Master Lessor’s consent to this Sublease, unless waived by Sublessee under Section 18 below), of Master Lessor to Sublessor the extent permitted under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under Section 5.5 of the Master Lease provided with respect to the same are not caused by same. Upon written request of Sublessee, Sublessor shall provide to Sublessee copies of all statements and other materials received from Master Lessor with respect to the default or breach payment of any of Sublessee’s obligations contained in this Sublease. Sublessor shall not charge Subtenant a management fee with regard to the Building, Building Expenses or Project Expenses or other than the management fees charged by Master Lessor similar sums due under the Master Lease. Notwithstanding anything herein to the foregoingcontrary, Sublessee’s obligation in no event shall Sublessee be required to pay Operating Expense Payments as part of Building Expenses or Project Expenses for any costs for capital improvements or repairs except to the Subleased Premises shall be tolled until extent expressly required under the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion Master Lease and then only to the extent of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 amortization of the Master Lease, (B) repair or maintenance cost of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing capital improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rentover its useful life. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent”.”
Appears in 1 contract
Samples: Sublease (Accelrys, Inc.)
Additional Rent. Sublessee shall pay as additional rent (“Additional In addition to Base Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During the Term, Sublessee shall also pay to Sublessor the entirety of all sums or other charges required to be paid costs payable by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding except for any costs for services, repairs or maintenance which are not made at the request or for the benefit of Sublessee (i) "ADDITIONAL RENT"). In addition, at all times during the term of this Sublease, Sublessor shall maintain direct contracts, in Sublessor's own name, with the relevant utility provider, for the provision of any “Basic Rent” utilities to the Premises, including, without limitation, for utilities such as electricity, water and heating. Sublessor shall invoice Sublessee for the costs of the utilities provided under such contracts, and Sublessee shall pay such amounts as Additional Rent pursuant to the terms of this Section 3.(b). Additional Rent shall be payable to Sublessor as and when payments are due from Sublessor, as tenant, Sublessor pursuant to Master Lessor under the Master Lease, and but at least five (ii5) any late charges, default interest and other penalties due from Sublessor, as tenant, business days prior to the date Sublessor must pay such amounts to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in this SubleaseLessor. Sublessee shall further pay to Sublessor shall not charge Subtenant a management fee with regard to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share of Additional Rent any costs and expenses incurred by Sublessor for (A) any insurance obtained by Sublessor pursuant applicable to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (Sublease Premises which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred are paid directly by Sublessor), including, but not limited to, utilities, personal property taxes and real property taxes; provided, however, that Sublessee shall have no obligation with respect to reimburse Sublesssor any of such costs which are incurred solely for any (aa) replacement the benefit of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublessee’s written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base RentSublessor. Base Rent and Additional Rent are hereinafter sometimes collectively shall be referred to collectively as “Rent"RENT.”" Sublessee shall be entitled to, and benefit from, any rental abatement granted Sublessor under the Master Lease for whatever reason to the extent that such abatement relates to the Subleased Premises and the term of this Sublease.
Appears in 1 contract
Samples: Sublease (Vari L Co Inc)
Additional Rent. Commencing on the Commencement Date and continuing for each month thereafter during the Term, Sublessee shall be responsible for the payment of Sublessee’s Share (as defined below) of Direct Expenses (as defined in Section 4.2.2 of the Master Lease and without markup by Sublessor), except to the extent that any such Direct Expenses relate specifically to portions of the Master Premises other than the Sublease Premises, in which case Sublessor shall be solely responsible for such Direct Expenses. In addition, from and after the Commencement Date, Sublessee shall pay as directly to the provider or, in the case of personal property taxes, permits, licenses and fees, directly to the entity imposing such costs, (i) its own telephone, telecommunications and data communications charges, and any other such service contracted for directly by Sublessee in support of the Sublease Premises; (ii) all personal property taxes, charges and assessments, including the taxes described in Section 4.5 of the Master Lease, if any, on Sublessee’s trade fixtures, equipment and other personal property of Sublessee located in the Sublease Premises; (iii) all permit, license or other governmental fees or charges arising out of Sublessee’s use and operation of the Sublease Premises; and (iv) any extraordinary services (i.e., any services over and above the standard services provided by Master Lessor to the Sublease Premises or Building under the Master Lease) that are provided to the Sublease Premises at the written request of Sublessee (it being understood that Sublessee shall only make a request for such services in writing), or any materially disproportionate usage of building utilities by Sublessee, which Sublessee shares in common with other occupants of the Building and that are not separately metered to the Sublease Premises. All charges payable by Sublessee pursuant to this Paragraph 4.B. and elsewhere under this Sublease (other than Monthly Base Rent and payments to third parties) shall be payable to Sublessor at the address set forth herein and shall be deemed additional rent (“Additional Rent”), . Monthly Base Rent and Additional Rent hereinafter shall be referred to as “Rent”. All Additional Rent not required by this Sublease to be paid at the time and in the manner for payment of Monthly Base Rent shall be payable to Sublessee within twenty (20) days after demand the date of Sublessor’s invoice therefor. “Sublessee’s Share” shall be 20.09% Sublessee’s Share percentage is determined by dividing the rentable square footage of the Sublease Premises (i.e., 33,407 rentable square feet) by the rentable square footage of the Building (i.e., 166,307 rentable square feet) and multiplying by 100. Sublessee and Sublessor agree, as a material part of the consideration given by Sublessee to Sublessor for this Sublease, that Sublessee shall pay Sublessee's Share of all sums or costs, expenses, taxes, insurance, maintenance and other charges required to be paid by Sublessee under this Sublease. During of every kind and nature arising in connection with the Sublease Premises during the Term, Sublessee such that Sublessor shall pay to Sublessor all sums or other charges required to be paid by Sublessorreceive, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” (as defined in the Master Lease) due from Sublessor, as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Rent” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach of any of Sublessee’s obligations contained in net consideration for this Sublease, full reimbursement thereof. Sublessor shall not charge Subtenant be entitled to rely conclusively on Master Lessor’s determination of estimated and actual Direct Expenses. However, if Sublessor elects in its sole discretion to perform any audit of Direct Expenses and such audit yields a management fee with regard refund or credit for overpayment of Direct Expenses, Sublessor shall provide Sublessee’s Share of such refund or credit to Sublessee (net of Sublessor’s costs of audit and enforcement). At Sublessee’s request and expense, and provided there exists no Event of Default, Sublessor shall undertake an audit of Direct Expenses to the Building, other than the management fees charged extent permitted by Master Lessor under the Master Lease. Notwithstanding If such audit yields a refund or credit for overpayment of Direct Expenses, the foregoingsame shall first be applied to reimburse Sublessee for the audit costs, Sublessee shall receive Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion Share of the Buildingremaining refund or credit and Sublessor shall receive the balance of such refund or credit. For the avoidance of doubt, Sublessee shall not be responsible for any charges that are assessed against Sublessee as a result of Sublessor’s acts or omissions, or (y) the Commencement Date. Moreover, Sublessee agrees to pay its proportionate share that are incurred as a result of any costs and expenses incurred excess or additional services specifically requested by Sublessor for (A) any insurance obtained by Sublessor pursuant to Section 54 of the Master Lease, (B) repair or maintenance of the central courtyard, and (C) repair, maintenance, replacement or new construction of improvements in such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained Sublease Premises without Sublessee’s prior written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed by Sublessee. Sublessor shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Rent. Base Rent consent and Additional Rent are hereinafter sometimes referred to collectively as “Rentapproval.”
Appears in 1 contract
Samples: Sublease (Ooma Inc)
Additional Rent. Section 4(b) of the Original Sublease is hereby deleted and replaced in its entirety with the following: Sublessee shall will pay as additional rent (“Additional Rent”), within twenty (20) days after demand therefor, all sums or other charges required to be paid by Sublessee under this Sublease. During its proportionate share of Sublessor’s cost of the Term, Sublessee shall pay to Sublessor all sums or other charges required to be paid by Sublessor, as tenant, to Master Lessor under the Master Lease, including without limitation, (a) all Real Property Taxes, insurance premiums and common area expenses required to be paid to Master Lessor thereunder (collectively, “actual Operating Expense Payments”, and which shall include expenses relating to the Parking Areas and Outdoor Areas, as such terms are defined below), (b) all “Additional Rent” Expenses (as defined in the Master Prime Lease) due from Sublessorand Taxes (as defined in the Prime Lease), each as tenant, to Master Lessor under Paragraphs 4.D.(a) and (b) of the Master Lease, and (c) the management fee charged by Master Lessor to Sublessor under the Master Lease, but expressly excluding (i) any “Basic Additional Rent,” due from Sublessor, as tenant, to Master Lessor under the Master Lease, and (ii) any late charges, default interest and other penalties due from Sublessor, well as tenant, to Master Lessor under the Master Lease provided the same are not caused by the default or breach Sublessee’s proportionate share of any of Sublessee’s obligations contained Reconciliation (as defined in this Sublease. Sublessor shall not charge Subtenant a management fee with regard the Prime Lease); provided that Sublessee is entitled to the Building, other than the management fees charged by Master Lessor under the Master Lease. Notwithstanding the foregoing, Sublessee’s obligation to pay Operating Expense Payments for the Subleased Premises shall be tolled until the earlier of (x) such time as twenty-five (25) or more employees of Sublessee occupy any portion of the Building, or (y) the Commencement Date. Moreover, Sublessee agrees to pay receive its proportionate share of any costs Reconciliation, and expenses incurred by if Sublessee is so entitled to receive any such sum, then Sublessor for shall pay Sublessee such sums in cash within ten (A10) any insurance obtained by Sublessor pursuant to Section 54 days of the Master Lease, (B) repair or maintenance of the central courtyard, date Prime Lessor and (C) repair, maintenance, replacement or new construction of improvements in Sublessor agree on such central courtyard, within twenty (20) days after written demand therefor (which written demand shall contain documentation in reasonable detail evidencing the costs and expenses incurred by Sublessor); provided, however, that Sublessee shall have no obligation to reimburse Sublesssor for any (aa) replacement of an existing improvement in the central courtyard, or (bb) construction or installation of any new improvement in the central courtyard, if Sublessor had not first obtained sums. Sublessee’s written approval thereof, which approval proportionate share of Sublessor’s cost of Operating Expenses and Taxes shall not be unreasonably withheld, conditioned or delayed by Sublessee26.28%. Sublessor shall have inform Sublessee of its Operating Expense, Tax, and Reconciliation obligations within thirty (30) days of receipt from Prime Lessor of a statement or demand therefor, and shall provide reasonable detail to allow Sublessee to evaluate its share. Sublessee shall be responsible for paying for the same remedies actual cost of its electricity and gas, pursuant to, and as measured by, separate submeters for a default in electricity and gas, which submeters Sublessor represents are currently installed and fully operational for the payment Subleased Premises, and Sublessee also shall pay for the cleaning of Additional Rent as for a default in the payment of Base Rent. Base Rent and Additional Rent are hereinafter sometimes referred to collectively as “RentSubleased Premises.”
Appears in 1 contract