Common use of Annual Base Rent Clause in Contracts

Annual Base Rent. 5.1. Commencing on the Extended Term Commencement Date and continuing thereafter throughout the remainder of the Term of the Lease, as hereby amended, Tenant shall pay Landlord annual Base Rent with respect to the Retained Premises for each such year (or portion thereof) as follows: Year Base Rental Rate Per Square Foot of GRA in the Retained Premises 1 (commencing on November 1, 2004) $25.50 2 (commencing on November 1, 2005) $26.27 3 (commencing on November 1, 2006) $27.05 4 (commencing on November 1, 2007) $27.86 In addition, Tenant shall pay Landlord Base Rent with respect to the Retained Premises for the period October 6, 2004 through October 31, 2004 in the sum of Twenty-Three Thousand Four Hundred Seventy-Five and 90/100 Dollars ($23,475.90), which sum shall be due and payable on or before October 1, 2004. Annual Base Rent with respect to any partial year shall be pro rated, based upon the actual number of months. Annual Base Rent shall be payable in equal monthly installments, at such times, at such place, and in such manner as is otherwise provided in the Lease. Notwithstanding the above, Base Rent with respect to the Retained Premises shall be abated and Tenant shall have no obligation to pay the same, with respect to the first one and one-half months of the Extended Term (i.e., the first $41,985.75 of Base Rent due hereunder with respect to the Retained Premises for the Extended Term shall be abated). 5.2. Commencing on the Extended Term Commencement Date and continuing thereafter through and including the Holdover Expiration Date, Tenant shall pay Landlord Annual Base Rent with respect to the Returned Premises in the sum of Thirty-Two and 08/100 Dollars ($32.08) per square foot of GRA in the Returned Premises, in two (2) equal monthly installments of Twenty Thousand Two Hundred Twenty-Six and 44/100 Dollars ($20,226.44) each, with the first such installment due on October 6, 2004 and with the second such installment due on November 6, 2004.

Annual Base Rent. 5.1. Commencing on the Extended Term Commencement Date A. Lessee covenants and continuing thereafter throughout the remainder agrees to pay Lessor without demand, as Annual base Rent, for 1,232.00 square feet, for each year of the Term of the Lease, as hereby amended, Tenant shall pay Landlord annual Base Rent with respect to the Retained Premises for each such year (or portion thereof) as follows: Year Base Rental Rate Per Square Foot of GRA in the Retained Premises 1 (commencing on November 1, 2004) $25.50 2 (commencing on November 1, 2005) $26.27 3 (commencing on November 1, 2006) $27.05 4 (commencing on November 1, 2007) $27.86 In addition, Tenant shall pay Landlord Base Rent with respect to the Retained Premises for the period October 6, 2004 through October 31, 2004 in initial term the sum of Twenty-One Thousand One Hundred Forty-One and 12/100 ($21,141.12) per year. The total lease payment including Common Area Charges and real estate taxes as set forth in Paragraph 3B below shall be Twenty-Three Thousand Four Five Hundred SeventyFifty-Five Two and 16/100 Dollars ($23,552.16) per year, until adjusted as provided in Section 3. One-twelfth (1/12th) of the Annual Base Rent and Common area Charges and real estate taxes shall be paid each consecutive month, each due in advance without deduction or setoff, in legal tender of the United States of America, on the first day of each and every calendar month during said term at the offices of Lessor or at such other place as Lessor may from time to time in writing designate. The total amount to be paid per month for the first lease year shall be $1,960.18 per month. The rents will be adjusted yearly as provided in paragraph 3. B. The extended terms (renewal periods) shall be upon the same conditions as provided in this Lease and the annual base rent during the extended terms shall be as follows: Nineteen and 90/100 Dollars ($23,475.90), which sum shall be due and payable on or before October 1, 2004. Annual Base Rent with respect to any partial year shall be pro rated, based upon the actual number 19.90) per square foot for an annual base rental of months. Annual Base Rent shall be payable in equal monthly installments, at such times, at such place, and in such manner as is otherwise provided in the Lease. Notwithstanding the above, Base Rent with respect to the Retained Premises shall be abated and Tenant shall have no obligation to pay the same, with respect to $24,516.80 during the first one renewal term; and oneTwenty-half months of the Extended Term (i.e., the first $41,985.75 of Base Rent due hereunder with respect to the Retained Premises for the Extended Term shall be abated). 5.2. Commencing on the Extended Term Commencement Date and continuing thereafter through and including the Holdover Expiration Date, Tenant shall pay Landlord Annual Base Rent with respect to the Returned Premises in the sum of Thirty-Two Three and 08/100 Dollars ($32.0823.08) per square foot for an annual base rental of GRA in the Returned Premises, in two (2$28,434.52) equal monthly installments of Twenty Thousand Two Hundred Twenty-Six and 44/100 Dollars ($20,226.44) each, with the first such installment due on October 6, 2004 and with during the second renewal term. C. The Base Rent and any or all other rent to be paid hereunder and any or all other payments and/or charges hereunder not paid by Lessee when due shall bear interest from the date when due at an annual rate equal to twelve percent (12%). Rental adjustments, other rent and/or other payments or charges which become due from Lessee shall be regarded as additional base rent hereunder. The obligation of Lessee to pay rent under this Lease is an independent covenant, and no act or circumstance whatsoever, whether such installment due on November 6act or circumstance constitutes a breach of covenant by Lessor, 2004shall release or diminish Lessee's obligations to pay rent hereunder. D. Annual Base rent during the Option Periods, as provided in 2B has been agreed upon by the Lessor and Lessee, payable as provided in Section 3(A) hereof). E. In no event shall Annual base Rent be decreased by reason of the application of the following formula.

Annual Base Rent. 5.1. Commencing on the Extended Term Commencement Date and continuing thereafter throughout the remainder of the Term of the Lease, as hereby amended, Tenant shall pay Landlord annual Base Rent with respect to Landlord, in such currency of the Retained Premises for each such year (or portion thereof) United States of America, as follows: Year Base Rental Rate Per Square Foot at the time of GRA in the Retained Premises 1 (commencing on November 1, 2004) $25.50 2 (commencing on November 1, 2005) $26.27 3 (commencing on November 1, 2006) $27.05 4 (commencing on November 1, 2007) $27.86 In addition, Tenant shall pay Landlord Base Rent with respect to the Retained Premises for the period October 6, 2004 through October 31, 2004 in the sum of Twenty-Three Thousand Four Hundred Seventy-Five and 90/100 Dollars ($23,475.90), which sum payment shall be due legal tender for payment of private and payable on or before October 1public debts, 2004. annual base rent (the "Annual Base Rent with respect to any partial year shall be pro rated, based upon the actual number of monthsRent"). The Annual Base Rent shall be in the amount of Two Million Seven Hundred Thousand Seven Hundred Eighty-Seven Dollars ($2,700,787) per annum for the first (1st) Lease Year; and commencing in the second (2nd) Lease Year and continuing through the remainder of the Initial Term, the Annual Base Rent for each applicable Lease Year shall be an amount equal to the lesser of (i) the Annual Base Rent for the immediately preceding Lease Year increased by an amount equal the Rental Adjustment applicable to such Lease Year as set forth below, and (ii) the product obtained by multiplying the Annual Base Rent for the immediately preceding Lease Year by the product of five (5) multiplied by the applicable Consumer Price Adjustment Factor. The Annual Base Rent payable in equal monthly installments, at such times, at such place, and in such manner as is otherwise provided in the Lease. Notwithstanding the above, Base Rent with respect to the Retained Premises shall be abated and Tenant shall have no obligation to pay the same, with respect to each Lease Year of the first one and one-half months of the Extended Term (i.e., the first $41,985.75 of Base Rent due hereunder with respect to the Retained Premises for the Extended Extension Term shall be abated). 5.2. Commencing on an amount equal to the Extended Term Commencement Date fair market value thereof as determined jointly by Landlord and continuing thereafter through and including the Holdover Expiration DateTenant; provided, Tenant shall pay Landlord however, that such Annual Base Rent with respect shall be not less than the Annual Base Rent payable for the last Lease Year of the Initial Term. The Annual Base Rent payable in each Lease Year of the second Extension Term shall be an amount equal to the Returned Premises fair market value thereof as determined jointly by Landlord and Tenant; provided, however, that such Annual Base Rent shall be not less than the Annual Base Rent payable for last Lease Year of the first Extension Term. The Rental Adjustment for each Lease Year commencing in the sum second Lease Year through the remainder of Thirty-Two and 08/100 Dollars (the Initial Term shall be as follows: Lease Year Rental Adjustment 2 $32.08) per square foot of GRA in the Returned Premises, in two (2) equal monthly installments of Twenty Thousand Two Hundred Twenty-Six and 44/100 Dollars (48,614 3 $20,226.44) each, with the first such installment due on October 6, 2004 and with the second such installment due on November 6, 2004.46,740 4 $44,738 5 $42,613 6 $40,369 7 $38,010 8 $35,542 9 $32,972 10 $30,304 11 $30,607 12 $30,913 13 $31,222 14 $31,534 15 $31,850

Annual Base Rent. 5.1. Commencing Beginning on the Extended Term Commencement Date and continuing thereafter throughout the remainder of the Term of the Lease, as hereby amendedDate, Tenant shall agrees to pay Landlord annual Base Rent with respect to the Retained Premises for each such year (Landlord, without prior demand therefor, and without set-off or portion thereof) as follows: Year Base Rental Rate Per Square Foot of GRA deduction, a yearly base minimum rent in the Retained Premises 1 (commencing on November 1, 2004) $25.50 2 (commencing on November 1, 2005) $26.27 3 (commencing on November 1, 2006) $27.05 4 (commencing on November 1, 2007) $27.86 In addition, Tenant shall pay Landlord Base Rent with respect to the Retained Premises for the period October 6, 2004 through October 31, 2004 in the sum amount of Twenty-Three six Thousand Four Hundred Seventy-Five Eighteen and 90/100 No/100 Dollars ($23,475.9026,418.00), which sum payable in monthly installments, each in the amount of Two Thousand Two Hundred One and 50/100 Dollars ($2,201.50) plus an annual parking charge in an amount pursuant to the paragraph below (collectively, the base minimum rent and parking charge shall be due and payable defined herein as the “Base Rent”). In the event the Commencement Date falls on or before October 1a day other than the first day of a calendar month, 2004. Annual Base Rent with respect to any partial year shall be pro rated, based upon then the actual number monthly installment of months. Annual Base Rent shall be payable prorated for such month. In the event this Lease expires or is terminated on a day that is other than the last day of a calendar month, then the Base Rent for the month in equal monthly installmentswhich the Term expires or is terminated shall be prorated. Tenant shall pay the Base Rent to Landlord at Landlord’s address set forth in Section 17.5 of this Lease, or at such timesother place as Landlord may from time to time designate to Tenant in writing (in accordance with Section 17.5 of this Lease), in funds which at the time of such place, and in such manner as is otherwise provided payment shall be legal tender for the payment of public or private debts in the LeaseUnited States of America. Notwithstanding the above, Base Rent with respect to the Retained Premises shall be abated and Tenant shall have no obligation to pay the same, with respect to the first one and one-half months of the Extended Term (i.e., the first $41,985.75 of Base Rent due hereunder with respect to the Retained Premises for the Extended Term shall be abated). 5.2. Commencing Beginning on the Extended Term Commencement Date and continuing thereafter through and including the Holdover Expiration Date, Tenant shall also pay to Landlord Annual an annual parking charge that shall be part of the Base Rent with respect and initially shall be equal to the Returned Premises in the sum product of Thirty-Two One Hundred and 08/100 No/100 Dollars ($32.08100.00) multiplied by the number of parking spaces which are allocated for Tenant’s use under Section 2.2 of the REA (initially, 120 spaces), being initially Twelve Thousand and No/100 Dollars ($12,000.00) per square foot of GRA year. In the event Tenant should demand the LTACH Exclusive Parking Rights, as provided for in the Returned PremisesREA, in two (2) equal monthly installments then from and after the date that Tenant begins to have such exclusive parking, the amount of Twenty Thousand Two the parking charge that shall be part of the Base Rent shall be increased to One Hundred Twenty-Six and 44/100 Dollars Five Percent ($20,226.44125%) eachof the parking charge then in effect at the time that Tenant begins to have such exclusive parking, with the first such installment due on October 6, 2004 amount prorated for any partial calendar year. Both the minimum rent and with the second such installment due on November 6, 2004parking charge that comprise the Base Rent shall be subject to adjustment pursuant to Section 3.5 below.