Amount of Rent. Lessee agrees to pay Lessor rent for the use and occupancy of the Premises, as follows: A. From the Commencement Date until the first (1st) anniversary of the first day of the first month following the Commencement Date ("Anniversary") the rent shall be One Hundred Sixty-Three Thousand Six Hundred Dollars ($163,600), payable monthly in advance on the first day of each month. If the Term commences on a day other than the first day of a month or terminates on a day other than the last day of a month, then the installments of rent for such month or months shall be prorated, based on the number of days in such month. B. Commencing on the first (1st) Anniversary and at every Anniversary thereafter (excepting the tenth (10th) Anniversary, the twentieth (20th) Anniversary and the thirtieth (30th) Anniversary) during the Term of this Lease (each, a "CPI Rent Adjustment Date"), the monthly rent shall be adjusted pursuant to a cost of living factor, calculated as follows: the cost of living factor shall be a fraction whose numerator is the index figure stated in the Consumer Price Index for All Consumers (1982-1984=100) specified for All Items relating to the West Region published by the Bureau of Statistics of the United States Department of Labor in effect on such date, and whose denominator is the index figure for such Consumer Price Index in effect on the Commencement Date of this Lease; provided, however, that the cost of living factor shall never be less than one (1). If such Consumer Price Index is discontinued, the cost of living factor shall be based on comparable statistics on changes in the purchasing power of the consumer dollar for the applicable periods, as published by a responsible financial periodical report of a recognized governmental or private authority. The rent so calculated shall be the monthly rent for each month during the one (1) year period from each CPI Rent Adjustment Date until the next CPI Rent Adjustment Date, FRV Rent Adjustment Date (as defined in Section 3.1(C)) or Termination Date, payable monthly in advance, beginning on the first day of each and every month during each such one (1) year period. C. On the tenth (10th) Anniversary, the twentieth (20th) Anniversary and the thirtieth (30th) Anniversary (each, a "FRV Rent Adjustment Date"), the monthly rent shall be adjusted to the "Fair Rental Value" for the Premises, calculated pursuant to Paragraph 3.2 hereof. The Fair Rental Value so calculated shall be the monthly rent for each month during the one (1) year period after each FRV Rent Adjustment Date until the next CPI Rent Adjustment Date or Termination Date, payable monthly in advance, beginning on the first day of each and every month during each such one (1) year period.
Appears in 1 contract
Samples: Ground Lease (Boyd Gaming Corp)
Amount of Rent. (a) At such place or places as Lessor shall designate from time to time in writing, Lessee agrees shall pay to pay Lessor when due, without prior demand therefor and without any deduction or offset whatsoever, rent for the use and occupancy of the Premises, as follows:
A. From the Commencement Date until the first (1sti) anniversary of the first day of the first month following the Commencement Date (A "Anniversary") the rent shall be One Hundred SixtyBasic Rent" equal to Thirty-Three Thousand Six Three Hundred Thirty-Three and 33/100 Dollars ($163,60033,333.33) per month (partial months, if any, being prorated on the basis of a 30-day month), . The Basic Rent shall be payable monthly in advance on or before the first day of each month. If month (in the Term event that the first Lease Year commences on a day other than the first day of a month, said rent for the first month or terminates of the Lease Term shall be paid on a day other than the last day of a month, then the installments of rent for such month or months shall be prorated, based prorated basis on the number Commencement Date) beginning with the start of days in such monththe first Lease Year and continuing until the end of the Lease Term, and shall constitute the minimum monthly rental hereunder.
B. Commencing on (ii) A quarterly percentage rent, cumulated and adjusted quarterly (the first (1st) Anniversary and at every Anniversary thereafter (excepting the tenth (10th) Anniversary, the twentieth (20th) Anniversary and the thirtieth (30th) Anniversary) during the Term of this Lease (each, a "CPI Rent Adjustment DatePercentage Rent"), equal to the monthly rent sum of Forty-two percent (42%) of Lessee's "Gross Receipts" (as hereinafter defined) from the operation of Lessee's business in the hotel portion of the Premises (the "Rooms Percentage") during each Lease Year, plus Five percent (5%) of the "Gross Sales" (as hereinafter defined) of the business in the restaurant and lounge portions of the Premises during each Lease Year. Said sums shall be adjusted pursuant monthly and shall be accompanied by a detailed statement (certified by the chief accounting officer of Lessee) of Gross Receipts and Gross Sales. Lessee shall be entitled to a cost deduction, from the Percentage Rent, of living factorall Basic Rent actually paid.
(b) Within 45 days after the end of each Lease Year during the term hereof, calculated as follows: the cost of living factor a Percentage Rent computation for such prior Lease Year shall be delivered by Lessee to Lessor. If requested in writing, by either party, such Percentage Rent calculation shall be certified by a fraction whose numerator nationally recognized certified public accountant reasonably acceptable to Lessor, and shall set forth a detailed statement of the Gross Receipts of the hotel portion of the Premises and the Gross Sales of the restaurant and lounge portions of the Premises. If the aggregate Percentage Rent paid during any Lease Year is less than the index figure stated in Percentage Rent payable hereunder computed with respect to such Lease Year, the Consumer Price Index for All Consumers (1982-1984=100) specified for All Items relating deficit shall forthwith be paid over to Lessor by Lessee. If the aggregate Percentage Rent paid during such Lease Year exceeds the Percentage Rent payable hereunder with respect to such Lease Year, the excess Percentage Rent amount shall be carried over as a credit against the Percentage Rent payable with respect to the West Region published by the Bureau of Statistics of the United States Department of Labor in effect on following one or more subsequent Lease Year quarterly periods until such date, and whose denominator is the index figure for such Consumer Price Index in effect on the Commencement Date of this Lease; provided, however, that the cost of living factor credit shall never be less than one (1). If such Consumer Price Index is discontinued, the cost of living factor shall be based on comparable statistics on changes in the purchasing power of the consumer dollar for the applicable periods, as published by a responsible financial periodical report of a recognized governmental or private authority. The rent so calculated shall be the monthly rent for each month during the one (1) year period from each CPI Rent Adjustment Date until the next CPI Rent Adjustment Date, FRV Rent Adjustment Date (as defined in Section 3.1(C)) or Termination Date, payable monthly in advance, beginning on the first day of each and every month during each such one (1) year periodhave been used up completely.
C. On the tenth (10th) Anniversary, the twentieth (20th) Anniversary and the thirtieth (30th) Anniversary (each, a "FRV Rent Adjustment Date"), the monthly rent shall be adjusted to the "Fair Rental Value" for the Premises, calculated pursuant to Paragraph 3.2 hereof. The Fair Rental Value so calculated shall be the monthly rent for each month during the one (1) year period after each FRV Rent Adjustment Date until the next CPI Rent Adjustment Date or Termination Date, payable monthly in advance, beginning on the first day of each and every month during each such one (1) year period.
Appears in 1 contract
Samples: Lease Agreement (Starwood Hotel & Resorts Worldwide Inc)
Amount of Rent. Lessee agrees to pay Lessor rent for the use and occupancy of the Premises, as follows:
A. From the Commencement Date until the first (1st) anniversary of the first day of the first month following the Commencement Date ("“Anniversary"”) the rent shall be One Hundred Sixty-Three Thousand Six Hundred Dollars ($163,600), payable monthly in advance on the first day of each month. If the Term commences on a day other than the first day of a month or terminates on a day other than the last day of a month, then the installments of rent for such month or months shall be prorated, based on the number of days in such month.
B. Commencing on the first (1st) Anniversary and at every Anniversary thereafter (excepting the tenth (10th) Anniversary, the twentieth (20th) Anniversary and the thirtieth (30th) Anniversary) during the Term of this Lease (each, a "“CPI Rent Adjustment Date"”), the monthly rent shall be adjusted pursuant to a cost of living factor, calculated as follows: the cost of living factor shall be a fraction whose numerator is the index figure stated in the Consumer Price Index for All Consumers (1982-1984=100) specified for All Items relating to the West Region published by the Bureau of Statistics of the United States Department of Labor in effect on such date, and whose denominator is the index figure for such Consumer Price Index in effect on the Commencement Date of this Lease; provided, however, that the cost of living factor shall never be less than one (1). If such Consumer Price Index is discontinued, the cost of living factor shall be based on comparable statistics on changes in the purchasing power of the consumer dollar for the applicable periods, as published by a responsible financial periodical report of a recognized governmental or private authority. The rent so calculated shall be the monthly rent for each month during the one (1) year period from each CPI Rent Adjustment Date until the next CPI Rent Adjustment Date, FRV Rent Adjustment Date (as defined in Section 3.1(C)) or Termination Date, payable monthly in advance, beginning on the first day of each and every month during each such one (1) year period.
C. On the tenth (10th) Anniversary, the twentieth (20th) Anniversary and the thirtieth (30th) Anniversary (each, a "“FRV Rent Adjustment Date"”), the monthly rent shall be adjusted to the "“Fair Rental Value" ” for the Premises, calculated pursuant to Paragraph 3.2 hereof. The Fair Rental Value so calculated shall be the monthly rent for each month during the one (1) year period after from each FRV Rent Adjustment Date until the next CPI Rent Adjustment Date or Termination Date, payable monthly in advance, beginning on the first day of each and every month during each such one (1) year period.
Appears in 1 contract
Samples: Ground Lease (OCM HoldCo, LLC)
Amount of Rent. Lessee agrees That the Tenant shall pay to the Landlord a monthly rent of Rs. [[Amount of rent in Numbers]]. The rent shall be paid in advance [[Monthly or Quarterly]] on or before 7th of English Calendar Month. After every [[no. of years]] years the rent will be increase by [[Percentage: Number]]% on the last rent paid. PAYMENT OF DEPOSITS The Tenant will pay Lessor to the Landlord an interest-free refundable security deposit of Rs. [[Amount in Numbers]] equal to [[Number of months]] Months agreed in Negotiations vide cheque no. [[Cheque No.]] dated [[date]] at the time of signing the Rent Agreement. The said amount of the Security deposit shall be refunded by the Landlord to the Tenant at the time of handing over possession of the demised premises by the Tenant upon expiry or sooner termination of this Rent after adjusting any dues (if any) or cost towards damages caused by the negligence of the Tenant or the person he is responsible for, normal wear & tear and damages due to Act of God exempted. In case the Landlord fails to refund the security deposit to the Tenant on early termination or expiry of the Rent agreement, the Tenant is entitled to hold possession of the Rented premises, without payment of rent and/or any other charges whatsoever, till such time the Landlord refunds the security deposit to the Tenant. This is without prejudice and in addition to the other remedies available to the Tenant to recover the amount from the Landlord. MAINTENANCE CHARGES That the Tenant shall pay to the Landlord a monthly maintenance charge of Rs. [[Amount in Numbers]] towards maintenance of Generator & Elevator, Salaries towards guards, Charges for Electricity Maintenance for Common Areas, Charges towards cleaning of Common Areas and towards maintaining the lawn, whichever applicable. ELECTRICITY AND WATER CHARGES That during the Rent period, in addition to the rental amount payable to the Landlord, the Tenant shall pay for the use of electricity and occupancy water as per bills received from the authorities concerned directly. For all the dues of electricity bills and water bills till the date the possession of the Premisespremises is handed over by the Landlord to the Tenant, it is the responsibility of the Landlord to pay and clear them according to the readings on the respective meters. At the time of handing over possession of the premises back to the Landlord by Xxxxxx, it is the responsibility of the Tenant to pay electricity & water bills, as follows:
A. From presented by the Commencement Date until Departments concerned according to the first (1st) anniversary readings on the respective meters upto the date of vacation of the first day of property. NO TENANCY The Tenant shall not sublet, assign or part with the first month following demised premises in whole or part thereof to any person in any circumstances whatsoever and the Commencement Date ("Anniversary") the rent same shall be One Hundred Sixty-Three Thousand Six Hundred Dollars ($163,600), payable monthly in advance on the first day of each month. If the Term commences on a day other than the first day of a month or terminates on a day other than the last day of a month, then the installments of rent for such month or months shall be prorated, based on the number of days in such month.
B. Commencing on the first (1st) Anniversary and at every Anniversary thereafter (excepting the tenth (10th) Anniversary, the twentieth (20th) Anniversary and the thirtieth (30th) Anniversary) during the Term of this Lease (each, a "CPI Rent Adjustment Date"), the monthly rent shall be adjusted pursuant to a cost of living factor, calculated as follows: the cost of living factor shall be a fraction whose numerator is the index figure stated in the Consumer Price Index for All Consumers (1982-1984=100) specified for All Items relating to the West Region published by the Bureau of Statistics of the United States Department of Labor in effect on such date, and whose denominator is the index figure for such Consumer Price Index in effect on the Commencement Date of this Lease; provided, however, that the cost of living factor shall never be less than one (1). If such Consumer Price Index is discontinued, the cost of living factor shall be based on comparable statistics on changes in the purchasing power of the consumer dollar used for the applicable periods, as published by a responsible financial periodical report of a recognized governmental or private authority. The rent so calculated shall be the monthly rent for each month during the one (1) year period from each CPI Rent Adjustment Date until the next CPI Rent Adjustment Date, FRV Rent Adjustment Date (as defined in Section 3.1(C)) or Termination Date, payable monthly in advance, beginning on the first day of each and every month during each such one (1) year periodbonafide residential purposes only.
C. On the tenth (10th) Anniversary, the twentieth (20th) Anniversary and the thirtieth (30th) Anniversary (each, a "FRV Rent Adjustment Date"), the monthly rent shall be adjusted to the "Fair Rental Value" for the Premises, calculated pursuant to Paragraph 3.2 hereof. The Fair Rental Value so calculated shall be the monthly rent for each month during the one (1) year period after each FRV Rent Adjustment Date until the next CPI Rent Adjustment Date or Termination Date, payable monthly in advance, beginning on the first day of each and every month during each such one (1) year period.
Appears in 1 contract
Samples: Residential Rental Agreement