Annual Fixed Rent and Additional Rent. Tenant shall pay Annual Fixed Rent and all items of Additional Rent on the Fifth Floor Expansion Area commencing on the date which is thirty (30) days following the Fifth Floor Expansion Commencement Date. Beginning on such date, and through the first anniversary of the Fifth Floor Expansion Commencement Date, Annual Fixed Rent for the Fifth Floor Expansion Area shall be $83.00 per rentable square foot and thereafter, such rate shall be increased on each anniversary of the Fifth Floor Expansion Commencement Date by three percent (3%). Annual Fixed Rent for the balance of the Premises during the Extended Term shall be at the same rate per square foot as the Annual Fixed Rent for the Fifth Floor Expansion Area as theretofore escalated.
Annual Fixed Rent and Additional Rent. A. Subtenant covenants and agrees that, from and after the date that is thirteen (13) months after the Commencement Date (the “Rent Commencement Date”) and through and including the Expiration Date, Subtenant shall pay to Sublandlord fixed rent (“Fixed Rent”) at the rates set forth on Schedule 1. Fixed Rent shall be payable in equal monthly installments in advance on the first day of each calendar month during the Term, without any deduction, offset, abatement, defense and/or counterclaim whatsoever, except as otherwise expressly set forth in this Sublease. Simultaneously with the execution and delivery of this Sublease, Subtenant shall pay the sum of Fifty Five Thousand Three Hundred Sixty-Two and 50/100 Dollars ($55,362.50), which shall be applied to the first full monthly installment of Fixed Rent due on the Rent Commencement Date (i.e., Month 14). The monthly installment of Fixed Rent payable on account of any partial calendar month during the Term, if any, shall be prorated (based on the actual number of days in the month). If the Rent Commencement Date occurs on a date other than the first day of a calendar month, then on the Rent Commencement Date, Subtenant shall pay to Sublandlord the monthly installment of Fixed Rent for such partial month on a pro rata basis (based on the actual number of days in the commencement month). Subtenant’s obligations to pay all other charges due pursuant to this Sublease shall commence on the Commencement Date.
Annual Fixed Rent and Additional Rent. A. Subtenant covenants and agrees that, during and throughout the entire Term, Subtenant shall pay to Sublandlord annual fixed rent ("FIXED RENT") in the amounts more particularly set forth on SCHEDULE 1 annexed hereto and made a part hereof, during and for the period commencing on the Commencement Date and continuing through and including the Expiration Date; which Subtenant covenants and agrees to pay to Sublandlord, in lawful money of the United States, in equal monthly installments in advance, on the fifth (5th) business day prior to the first day of each calendar month during the Term, without demand, deduction, offset, abatement, defense, and/or counterclaim whatsoever, except that Subtenant shall pay the first monthly installment of Fixed Rent simultaneously with the execution and delivery of this Sublease. The monthly installment of Fixed Rent payable on account of any partial calendar month during the Term shall be prorated. Notwithstanding anything to the contrary contained herein, in the event (a) Sublandlord files a voluntary petition under the United States Bankruptcy Code (or any other federal or state bankruptcy or insolvency law) (the "CODE"), or (b) any direct or indirect member, shareholder, partner, principal, affiliate, employee, officer, director, agent or representative of Sublandlord (each, a "RELATED PARTY") commences, files, solicits, participates in or joins in the filing of, an involuntary petition against Sublandlord under the Code, or (c) Sublandlord files an answer consenting to or acquiescing in (actual as distinguished from implied or constructive consent) any involuntary petition filed it by any other person under the Code, then the Fixed Rent from and after the date of such filing (until such bankruptcy is discharged provided this Sublease is not as a result of such bankruptcy, rejected, modified or terminated) shall be an amount equal to the Base Rent payable by Sublandlord to Overlandlord under the Overlease. Upon the occurrence of any of the events set forth in claxxxx (x), (b) or (c) of the immediately preceding sentence (and until such bankruptcy is discharged, provided this Sublease is not as a result of such bankruptcy, rejected, modified or terminated), Subtenant may pay the Base Rent payable by Sublandlord to Overlandlord under the Overlease, directly to Overlandlord.
Annual Fixed Rent and Additional Rent. A. Subject to Subparagraph 2I below, Subtenant covenants and agrees that, during and throughout the entire Term, Subtenant shall pay to Sublandlord annual fixed rent ("Fixed Rent") in the amount of Seven Hundred Sixty One Thousand Nine Hundred Eighty Five and no/100 Dollars ($761,985.00) per annum (in monthly installments of Sixty Three Thousand Four Hundred Ninety Eight and 75/100 Dollars ($63,498.75) during and for the period commencing on the Commencement Date and continuing through and including the Expiration Date, which annual amount (including any increases to same pursuant to the terms of this Sublease) shall be increased by the sum of $33,866 on each anniversary of the Commencement Date (with a corresponding increase to each monthly installment (including any increases to same pursuant to the terms of this Sublease) in the sum of $2,822.17 on each anniversary of the Commencement Date). Subtenant covenants and agrees to pay the Fixed Rent to Sublandlord, in lawful money of the United States, in equal monthly installments in advance, on or prior to the first day of each calendar month during the Term, without any deduction, offset, abatement, defense and/or counterclaim whatsoever, except as otherwise expressly set forth herein. The monthly installment of Fixed Rent payable on account of any partial calendar month during the Term, if any, shall be prorated.
Annual Fixed Rent and Additional Rent. 2.1. Subtenant covenants and agrees to pay Sublandlord “annual fixed rent” for each Sublease Year during the Term in the amounts set forth on Schedule A in equal monthly installments in advance, on the first day of each month. Annual fixed rent and all additional rent (collectively “Rent”) shall be paid by Subtenant to Sublandlord at Sublandlord’s office (or such other location as Sublandlord shall designate by written notice to Subtenant) by good and sufficient check (subject to collection) or by wire or electronic transfer (pursuant to instructions provided by Sublandlord), in each case without any set-off, off-set, abatement or reduction whatsoever, except that the first full monthly installment of annual fixed rent shall be paid by Subtenant upon execution of this Lease. For purposes of Schedule A, “Sublease Year” means each successive period of twelve (12) months during the Term commencing on the Commencement Date; provided, however, that if the Commencement Date is not the first day of a month the first Sublease Year shall commence on the Commencement Date and shall end on the last day of the month immediately preceding the month in which the first anniversary of the Commencement Date occurs, and the final Sublease Year shall end on the Expiration Date.
Annual Fixed Rent and Additional Rent
