Common use of Annual Base Rent Clause in Contracts

Annual Base Rent. During the Initial Term Tenant agrees to pay Landlord annual base rent for the Premises (the "ANNUAL BASE Rent") at the rate of Three Million and 00/100 Dollars ($3,000,000.00) per annum (the "INITIAL ANNUAL BASE RENT Amount"). In addition to Annual Base Rent, Tenant agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by Tenant pursuant to the terms of this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments on the first day of each month (each such equal monthly installment of Annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for any reason the Initial Term (or any Option Period) commences or ends on a day other than the first day of a calendar month (other than a termination resulting from a Default), then Rent for the first month and for the last month of the Term shall be prorated in the proportion that the number of days during the first and last months of the Term bears to the actual number of days in such months. All Rent shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of each month. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by law.

Annual Base Rent. During (i) Commencing on the Initial Term Commencement Date, and thereafter during the Term, Tenant agrees to shall pay Landlord annual base rent for in the Premises amounts set forth immediately below (the "ANNUAL BASE Rent") at the rate of Three Million and 00/100 Dollars ($3,000,000.00) per annum (the "INITIAL ANNUAL BASE RENT Amount"). In addition to Annual Base Rent"), Tenant agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges which amounts shall be payable by Tenant pursuant to the terms of this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments (the "Monthly Base Rent") as set forth immediately below: LeaseYear Annual Base Rent Per Square Foot AnnualBase Rent MonthlyBase Rent [*on an annualized basis] All installments of Monthly Base Rent shall be payable in advance, on the Commencement Date and the first day of each calendar month (each such equal monthly thereafter during the Term, provided, however, that the first installment of Annual Monthly Base Rent is referred to herein as "MONTHLY BASE RENT")shall be due and payable upon Tenant's execution of this Lease. If for any reason the Initial Term (or any Option Period) commences or ends on Commencement Date shall be a day other than the first day of a calendar month month, (other than a termination resulting from a Default), then 1) the Annual Base Rent for the first month and Lease Year shall be an amount equal to the sum of (x) the amount of Monthly Base Rent for the last partial month in which the Commencement Date occurs, plus (y) the amount of the Term Annual Base Rent set forth in Section 1, above, and (2) Monthly Base Rent for such partial month shall be the prorated in amount of the proportion that the number of days Monthly Base Rent payable hereunder during the first and last months of the Term bears to Lease Year, which proration shall be based upon the actual number of days in of such monthspartial month. All The prorated Monthly Base Rent for such partial month shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of the calendar month after the month in which the Commencement Date occurs. As used in this Lease, the term "Lease Year" means (A) each month. Rent shall be paid to Landlord twelve (12)-month period commencing on the date due without notice or demandCommencement Date, except that if the Commencement Date does not occur on the first day of a calendar month, the first Lease Year shall commence on the Commencement Date and terminate on the last day of the twelfth (12th) full calendar month following the Commencement Date, and without abatement(B) each successive period of twelve (12) calendar months thereafter during the Term. (ii) Notwithstanding the terms of Section 4.a(i) above to the contrary, deduction or setprovided no Event of Default shall have occurred, Landlord hereby agrees to xxxxx one hundred percent (100%) of each installment of Monthly Base Rent and Tenant's Pass-off except as otherwise expressly Through Costs (hereinafter defined) payable by Tenant for the period (the "Abatement Period") comprising the first three (3) full calendar months of the Term; it being understood that, if the Commencement Date is a day other than the first day of a calendar month, then the Abatement Period shall commence on the first day of the calendar month immediately following the calendar month in which the Commencement Date occurs and the Monthly Base Rent for the partial calendar month in which the Commencement Date occurs shall not be abated. On the day immediately following the last day of the Abatement Period, and thereafter throughout the Term, Tenant shall pay Landlord full Monthly Base Rent and Tenant's Pass-Through Costs in the amounts set forth in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by law.

Annual Base Rent. (i) During each year of the Initial Term Term, Tenant agrees to shall pay Landlord annual base rent to Landlord for the Premises (in the "ANNUAL BASE Rent") at the rate amount of Three Million Seventy-Two Thousand Eight Hundred Forty-Six and 00/100 Dollars ($3,000,000.0072,846.00) per annum (the "INITIAL ANNUAL BASE RENT AmountAnnual Base Rent") payable in equal monthly installments of Six Thousand Seventy and 50/100 Dollars ($6,070.50)(the "Monthly Base Rent"), in advance. Notwithstanding the foregoing, Landlord agrees to forgive and xxxxx the payment of Monthly Base Rent for the first one and one-half (1.5) calendar months of the Term. (ii) In addition to the payment of Annual Base Rent, Tenant agrees to pay as "ADDITIONAL RENT" shall be responsible for the payment of Tenant's Pro Rata Share of increases in Operating Expenses (sometimes referred to as "ADDITIONAL RENT"hereinafter defined) all other charges payable by Tenant and Tenant's Pro Rata Share of increases in Real Estate Taxes (hereinafter defined) pursuant to Section 4b hereof, and the terms Electricity Charge (hereinafter defined) pursuant to Section 4c hereof. (iii) All installments of Monthly Base Rent shall be payable in advance, with the first monthly installment due and payable upon execution of this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant If the Commencement Date shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments on the first day of each month (each such equal monthly installment of Annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for any reason the Initial Term (or any Option Period) commences or ends on be a day other than the first day of a calendar month month, (other than a termination resulting from a Default), then A) the Annual Base Rent for the first month and Lease Year shall be an amount equal to the sum of (x) the amount of Monthly Base Rent for the last partial month in which the Commencement Date occurs, plus (y) the amount of the Term Annual Base Rent set forth in Section 1d, above, and (B) Monthly Base Rent for such partial month shall be the prorated in amount of the proportion that the number of days Monthly Base Rent payable hereunder during the first and last months of the Term bears to Lease Year, which proration shall be based upon the actual number of days in of such monthspartial month. All The prorated Monthly Base Rent for such partial month shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of each month. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth calendar month after the month in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than which the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by lawCommencement Date occurs.

Annual Base Rent. During the Initial Term Tenant agrees to pay Landlord annual base rent for the Premises (the "ANNUAL BASE RentRENT") at the rate of Three Two Million Seven Hundred Fifty Thousand and 00/100 Dollars ($3,000,000.002,750,000.00) per annum (the "INITIAL ANNUAL BASE RENT AmountAMOUNT"). In addition to Annual Base Rent, Tenant agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by Tenant pursuant to the terms of this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments on the first day of each month (each such equal monthly installment of Annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for any reason the Initial Term (or any Option Period) commences or ends on a day other than the first day of a calendar month (other than a termination resulting from a Default), then Rent for the first month and for the last month of the Term shall be prorated in the proportion that the number of days during the first and last months of the Term bears to the actual number of days in such months. All Rent shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of each month. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by law.

Annual Base Rent. (i) During each Lease Year, Tenant shall pay the Initial Term Tenant agrees to pay Landlord annual base rent for in the Premises amount set forth in Section 1.d hereof, subject, however, to annual adjustments thereto as set forth in Section 4.a(ii), below (the "ANNUAL BASE Rent") at the rate of Three Million and 00/100 Dollars ($3,000,000.00) per annum (the "INITIAL ANNUAL BASE RENT Amount"). In addition to Annual Base Rent, Tenant agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by Tenant pursuant to the terms of this Lease). Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, be payable in equal monthly installments (the "Monthly Base Rent") in advance. (ii) Commencing on the first day of the second (2nd) Lease Year and on the first day of each month Lease Year thereafter during the Term, Annual Base Rent shall be increased by an amount equal to three percent (each such equal monthly installment 3%) of the Annual Base Rent in effect during the immediately-preceding Lease Year. (iii) In addition to the payment of Annual Base Rent, Tenant shall be responsible for the payment of Tenant's Pro Rata Share (hereinafter defined) of increases in Operating Expenses (hereinafter defined) and Tenant's Pro Rata Share of increases in Real Estate Taxes (hereinafter defined) pursuant to Section 4.b hereof. (iv) All installments of Monthly Base Rent is referred to herein as shall be payable in advance, with the first installment thereof ("MONTHLY BASE RENTMonthly Base Rent")) due and payable upon execution of this Lease. If for any reason the Initial Term (or any Option Period) commences or ends on Commencement Date shall be a day other than the first day of a calendar month month, (other than a termination resulting from a Default), then A) the Annual Base Rent for the first month and Lease Year shall be an amount equal to the sum of (x) the amount of Monthly Base Rent for the last partial month in which the Commencement Date occurs, plus (y) the amount of the Term Annual Base Rent set forth in Section x.x, above, and (B) Monthly Base Rent for such partial month shall be the prorated in amount of the proportion that the number of days Monthly Base Rent payable hereunder during the first and last months of the Term bears to Lease Year, which proration shall be based upon the actual number of days in of such monthspartial month. All The prorated Monthly Base Rent for such partial month shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of each month. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth calendar month after the month in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than which the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by lawCommencement Date occurs.

Annual Base Rent. During the Initial Term Tenant agrees to pay Landlord annual base rent for the Premises (the "ANNUAL BASE RentRENT") at the rate of Three Million and 00/100 Dollars ($3,000,000.00) per annum (the "INITIAL ANNUAL BASE RENT AmountAMOUNT"). In addition to Annual Base Rent, Tenant Tenaxx agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by Tenant pursuant to the terms of this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments on the first day of each month (each such equal monthly installment of Annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for any reason the Initial Term (or any Option Period) commences or ends on a day other than the first day of a calendar month (other than a termination resulting from a Default), then Rent for the first month and for the last month of the Term shall be prorated in the proportion that the number of days during the first and last months of the Term bears to the actual number of days in such months. All Rent shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of each month. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right Landxxxx'x xight to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by law. Cost Abatement Provided that Tenant shall not then be in default of any of Tenant's obligations under this Lease (following notice thereof), Tenant shall be entitled to an aggregate credit of $1,000,000 to be applied against (i) the monthly installments of Common Area Expenses or Operating Expenses (as hereinafter defined), as applicable, payable by Tenant in accordance with Section 7 hereof, (ii) the installments of Taxes (as hereinafter defined) payable in accordance with Section 12 hereof and (iii) the sums payable by Tenant in accordance with Section 36 hereof for use of parking spaces located at the Development.

Annual Base Rent. During Commencing on the Initial Term Rent Commencement Date, and thereafter during the Term, Tenant agrees to shall pay Landlord annual base rent for in the Premises amounts set forth immediately below (the "ANNUAL BASE Rent") at the rate of Three Million and 00/100 Dollars ($3,000,000.00) per annum (the "INITIAL ANNUAL BASE RENT Amount"). In addition to Annual Base Rent"), Tenant agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges which amounts shall be payable by Tenant pursuant to the terms of this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments (the "Monthly Base Rent") as set forth immediately below: All installments of Monthly Base Rent shall be payable in advance, on the Rent Commencement Date and the first day of each calendar month (each such equal monthly installment of Annual Base Rent is referred to herein as "MONTHLY BASE RENT")thereafter during the Term. If for any reason the Initial Term (or any Option Period) commences or ends on Rent Commencement Date shall be a day other than the first day of a calendar month month, (other than a termination resulting from a Default), then 1) the Annual Base Rent for the first month and Lease Year shall be an amount equal to the sum of (x) the amount of Monthly Base Rent for the last partial month in which the Rent Commencement Date occurs, plus (y) the amount of the Term Annual Base Rent for the first Lease Year set forth in the rent chart above, and (2) Monthly Base Rent for such partial month shall be the prorated in amount of the proportion that the number of days Monthly Base Rent payable hereunder during the first and last months of the Term bears to Lease Year, which proration shall be based upon the actual number of days in of such monthspartial month. All The prorated Monthly Base Rent for such partial month shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of each monththe calendar month after the month in which the Rent Commencement Date occurs. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth As used in this Lease. No payment by Tenant or receipt by Landlord , the term "Lease Year" means (A) with respect to the first Lease Year, the twelve (12) full calendar month period commencing on the Rent Commencement Date (plus the number of a lesser amount than the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or days in any letter accompanying any check or paymentpartial first month if the Rent Commencement Date is not the first day of the month), as Annual Base except that if the Rent or Additional RentCommencement Date is a date earlier than May 1, be deemed an accord 2012, then the first Lease Year shall commence on the Rent Commencement Date and satisfactionshall expire on April 30, 2013, and Landlord may accept such check or payment without prejudice (B) with respect to Landlord's right to recover the balance second Lease Year and each subsequent Lease Year thereafter, each successive period of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this twelve (12) full calendar months following the expiration of the first Lease or by lawYear.

Annual Base Rent. During For the Initial Term Tenant agrees to pay Landlord annual base rent for year January 1, 2008, through December 31, 2008 $ 313,644.00 For the Premises (the "ANNUAL BASE Rent") at the rate of Three Million and 00/100 Dollars ($3,000,000.00) per annum (the "INITIAL ANNUAL BASE RENT Amount"). In addition to Annual Base Rentyear January 1, Tenant agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by Tenant pursuant to the terms of this Lease. Annual 2009, through December 31, 2009 $ 316,788.00 Total Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual for Additional Term $ 630,432.00 The Base Rent anddue under the Lease, except as provided otherwise hereinamended hereby, Additional Rentshall be payable in monthly installments, in equal monthly installments advance, without deduction or setoff, commencing on January 1, 2008, and continuing thereafter on the first 1st day of each and every month (each such equal during the Additional Term. The monthly installment payable during each year respectively of Annual the Additional Term shall be determined by dividing the annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for any reason the Initial Term (or any Option Period) commences or ends on a day other than the first day of a calendar month (other than a termination resulting from a Default), then Rent for the first month and year in question as set forth above by twelve (12). Anything set forth herein to the contrary notwithstanding, this Amendment is for the last month entire Additional Term and the entire amount of Base Rent for the entire Additional Term is due and payable hereunder (subject, however, to any earlier termination prior to the end of the Term shall be prorated pursuant to paragraph 4 of this Amendment), with the payment of Base Rent in the proportion that the number of days during the first and last months of the Term bears monthly installments being solely an accommodation to the actual number Tenant. Upon the occurrence of days in such months. All an Event of Default under the Lease, the entire unpaid balance of Base Rent for the entire Additional Term, and all other Rent reserved under the Lease, as hereby amended, shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be become immediately due and payable on the first day of each month. Rent shall be paid to Landlord on the date due payable, without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth in this Leaseat Landlord’s option. No payment by Tenant or receipt by In the event that Landlord of a lesser amount than collects the Annual Base entire Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover payable under the Lease for the balance of the Additional Term from the Tenant after the occurrence of an Event of Default under the Lease, Landlord shall after receipt of written demand from Tenant delivered to Landlord not later than thirty (30) days after the end of the Additional Term (as if the lease was not earlier terminated), time being of the essence, promptly account to Tenant for any Rent collected by Landlord by reletting the Premises to other tenants during the period from Tenant’s surrender of or eviction from the Premises to the end of the Additional Term (as if the lease was not earlier terminated), with Landlord to remit to Tenant such Annual Base Rent collected in connection with reletting the Premises, less all expenses associated with such reletting, including any repairs and Additional replacements to the Premises in connection therewith, except to the extent that the Rent or pursue any other remedy provided realized by Landlord from such reletting exceeds Rent due under the Lease, as hereby amended, in this Lease or by lawwhich case the Landlord shall retain such excess.