Common use of Annual Fixed Rent Clause in Contracts

Annual Fixed Rent. Tenant covenants and agrees to pay the Annual Fixed Rent in Section 1.1 to Landlord in advance in equal monthly installments commencing on the Term Commencement Date (if not the first day of a month) and thereafter on the first day of each calendar month during the Term. All payments shall be due without billing or demand and without deduction, setoff or counterclaim, except as expressly set forth in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premises.

Annual Fixed Rent. Tenant covenants and agrees to pay the Annual Fixed Rent in Section 1.1 to Landlord in advance in equal monthly installments commencing on the Term Commencement Date (if not the first day of a month) (but subject to the Initial Fixed Rent Waiver Period) and thereafter on the first day of each calendar month during the Term. All payments shall be due without billing or demand and without deduction, setoff or counterclaim, except as expressly set forth in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s address, as specified in Section 1.1, or to such other EAST\66392481.7 entities at such other places as Landlord may from time to time designatedesignate upon at least ten (10) Business Days’ advance written notice. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth third (4th3rd) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premises. If Tenant is unable to occupy all or a substantial portion of the Premises as a result of a failure to provide services for reasons within Landlord’s reasonable control for one hundred eighty (180) consecutive Business Days from Tenant’s written notice to Landlord of such failure then Tenant may terminate this Lease by notice given to Landlord at any time prior to the date when the services are restored sufficiently to permit use of substantially all of the Premises.

Annual Fixed Rent. Tenant covenants and agrees to pay the Annual Fixed Rent in Section 1.1 to Landlord in advance in equal monthly installments commencing on the Term Commencement Date (if not the first day of a month) and thereafter on the first day of each calendar month during the Term. All payments shall be due without billing or demand and without deduction, setoff or counterclaim, except as expressly set forth in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth fifth (4th5th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premises. If Tenant is unable to occupy all or a substantial portion of the Premises as a result of a failure to provide services for reasons within Landlord’s control for more than forty-five (45) consecutive Business Days from Tenant’s written notice to Landlord of the failure, then Tenant may terminate this Lease and the 610 Lease by notice given to Landlord and the landlord under the 610 Lease at any time prior to the date when the services are restored sufficiently to permit use of substantially all of the Premises. In the event that the 610 Lease is terminated by Tenant in accordance with Section 2.5 thereof, then this Lease shall so terminate as of the effective date of the termination of the 610 Lease.

Annual Fixed Rent. (a) Tenant covenants and agrees to pay the Annual Fixed Rent in Section 1.1 to Landlord in advance in equal monthly installments commencing Landlord, on the Term Rent Commencement Date (if not the first day of a month) Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the original Lease Term, a sum equal to one-twelfth (1/12th) of the Annual Fixed Rent specified in Section 1.1 hereof and on the first day of each and every calendar month during each Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined pursuant to Section 3.3 and Section 3.4 for the Extended Term (all without offset or abatement except as otherwise expressly provided in this Lease). All payments Until notice of some other designation is given, Annual Fixed Rent and all other charges for which provision is herein made shall be due paid to Landlord at its office in Boston, Massachusetts set forth on page 1 of this Lease. (b) Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. (c) Additional Rent (as defined in Section 20.8 hereof) payable by Tenant on a monthly basis as provided in this Lease, likewise shall be prorated for any partial month of the Lease Term. (d) Notwithstanding that the payment of Annual Fixed Rent payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Annual Fixed Rent, Additional Rent and all other charges payable under this Lease shall be paid by Tenant to Landlord in lawful money of the United States in immediately available funds and without billing notice or demand and without deductionwith setoff, setoff deduction or counterclaimabatement, except as otherwise expressly set forth in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premises.

Annual Fixed Rent. Tenant covenants and agrees to pay the Annual Fixed Rent in Section 1.1 to Landlord in advance in equal monthly installments commencing on the Term Rent Commencement Date (if not the first day of a month) and thereafter on the first day of each calendar month during the Term. All payments shall be due without billing or demand and without deduction, setoff or counterclaim, except as expressly set forth in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth fifth (4th5th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premises. If Tenant is unable to occupy all or a substantial portion of the Premises as a result of a failure to provide services for reasons within Landlord’s control for more than forty-five (45) consecutive Business Days from Tenant’s written notice to Landlord of the failure, then Tenant may terminate this Lease and the 333 Lease by notice given to Landlord and the landlord under the 333 Lease at any time prior to the date when the services are restored sufficiently to permit use of substantially all of the Premises. In the event that the 333 Lease is terminated by Tenant in accordance with Section 2.5 thereof, then this Lease shall so terminate as of the effective date of the termination of the 333 Lease.

Annual Fixed Rent. Tenant covenants and agrees to pay the Annual Fixed Rent in Section 1.1 to Landlord in advance in equal monthly installments commencing on the Term Rent Commencement Date (if not the first day of a month) and thereafter on the first day of each calendar month during the Term. Landlord shall credit Tenant the amount of $75,000 for design fees incurred by Tenant for the Tenant’s Plans in the form of free rent to be applied on the Rent Commencement Date (“Design Fee Reimbursement”). All payments shall be due without billing or demand and without deduction, setoff or counterclaim, except as expressly set forth in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s address, as specified in Section 1.1, via ACH, or to such other entities at such other places as Landlord may from time to time designate. Tenant acknowledges that the rent abatement during the period between the Term Commencement Date and the Rent Commencement Date is being granted to Tenant in consideration of the timely and faithful performance by Tenant of all of the terms and conditions of the Lease. If at any time from and after the Term Commencement Date through the Rent Commencement Date, there occurs any default of Tenant under this Lease, and such default continues beyond applicable notice and cure periods, then Tenant’s right to xxxxx the Annual Fixed Rent under this Section 2.5 shall toll (and Tenant shall be required to pay the Annual Fixed Rent during any such period) until Tenant has cured, to Landlord’s commercially reasonable satisfaction, such default. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s reasonable control to provide any service an Essential Service (as hereinafter defined) to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs)Premises, and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges Rent for Landlord’s Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth sixth (4th6th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premises.to

Annual Fixed Rent. Tenant covenants and agrees to pay to Landlord at the Original Address of Landlord, or such other place as Landlord may by written notice to Tenant direct, Annual Fixed Rent stated in Section 1.1 to Landlord in advance 1 in equal monthly installments commencing on the Term Commencement Date (if not the first day of a month) and thereafter on the first day of each calendar month during the TermTerm and pro rata for any partial month. All payments The first payment shall be made on execution of this Lease and shall be for the first full month for which full rent is due without billing or demand and without deduction, setoff or counterclaim, except as expressly set forth in this Leaseplus any preceding partial month. Tenant shall make payment for any portion of may (but is not obligated to) send Landlord a month at the beginning or end notice prior to exercise of the TermTenant's right of first offer to include the First Offer Premises (or either of them) in the Premises inquiring as to the Annual Fixed Rent Landlord would be willing to accept for such Premises (the "Rent Inquiry Notice"). All payments Within thirty (30) days of receipt of the Rent Inquiry Notice (or by February 15, 1999 if later) Landlord shall inform Tenant in writing of such Annual Fixed Rent ("Landlord's Offered Annual Fixed Rent"). If Tenant states in Tenant's notice adding the First Offer Premises (or either of them) to the Premises that Tenant accepts Landlord's Offered Annual Fixed Rent, then that shall be payable the Annual Fixed Rent as to Landlord at Landlord’s addressthe First Offer Premises in question. If Annual Fixed Rent for the First Offer Premises has not been established in accordance with the preceding paragraph, as specified in Section 1.1, then Annual Fixed Rent for the First Offer Premises (or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter definedeither of them) shall not be discharged established by agreement between Landlord and Tenant and shall be based on ninety percent (90%) of the fair market rent for the First Offer Premises (exclusive of Real Estate Taxes and Operating Expenses) on or otherwise affected by any law or regulation now or hereafter applicable about the date the First Offer Premises in question will be added to the Premises, or any other restriction on Tenant’s use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use but in no event shall the Premises on account of such failure, Tenant shall be entitled to a proportional abatement rate per square foot of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the First Offer Premises at 67 Rogers Street be less than the rate per square foot used to detexxxxx Xxxxxx Xxxed Rent for the portion of the initial Premises at 69 Rogers Street, 71 Rogers Street and 75 Rogers Street, which was $00 xxx xxxxxx xxxx fxx xxx first twelvx xxxxxx xxxxxxxing by $1 per square foot each twelve months thereafter, nor shall the rate per square foot of Annual Fixed Rent for the First Offer Premises at 63 Rogers Street and 65 Rogers Street be less than the rate per squxxx xxxx xxxx to detexxxxx Xxxxxx Xxxed Rent for the other portions of the initial Premises, which was $14 per square foot for the first twelve months increasing by $1 per square foot each twelve months thereafter (except, as to 63 Rogers Street and 65 Rogers Street, that if the same are hereaftxx xxxxxxxx xxxxr to xxxxxxxx xx the First Offer, then such rate shall be $16 per square foot for the first twelve months increasing by $1 per square foot each twelve months thereafter). Fair market rent shall be the highest Annual Fixed Rent (or schedule or formula of varying rents) which willing tenants would pay to lease such area for the term in question in a competitive and open market under terms and conditions substantially the same as those of this Lease with such area considered free and clear of this Lease and as though then available for occupancy for any legal use in their then condition. Rent historically paid under this Lease shall be disregarded in determining fair market rent. If Landlord and Tenant have not agreed on such fair market rent in writing within sixty (60) days following Tenant's exercise of its rights to rent the First Offer Premises, the fair market rent shall be determined by appraisers, one to be chosen by Landlord, one to be chosen by Tenant and a third to be selected by the two first chosen if the first two cannot be used agree; or, at Landlord's option, by Tenanta member of the American Society of Real Estate Counsellors experienced in first class urban office buildings. This abatement Landlord and Tenant shall begin each notify the other of its chosen appraiser within thirty (30) days after the end of the period during which Landlord and Tenant were to agree on Annual Fixed Rent as to the First Offer Premises and, unless those two appraisers shall have reached a unanimous decision within forty-five (45) days from the end of that thirty (30) day period, they shall within the following fifteen (l5) days select a third appraiser, notify Landlord and Tenant thereof and proceed forthwith to decision. If Landlord elects to have the determination made by a member of the American Society of Real Estate Counsellors, Landlord shall notify Tenant within thirty (30) days after the commencement of such year of the name of the Counsellor chosen, and neither party shall have any further obligation to select appraisers. If Tenant notifies Landlord within thirty (30) days of the date of Landlord's notice that Tenant wants two (2) or, if necessary three (3), such Counsellors to act, and includes in that notice the name of a second Counsellor, then Landlord shall so inform the original Counsellor, and those two Counsellors shall proceed in the manner and on the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord schedule specified herein for appraisers, including selecting a third Counsellor failing agreement of the failuretwo. Landlord and Tenant shall each bear the expense of the appraiser/Counsellor chosen by it and shall bear equally the expense of the third appraiser/ Counsellor (if any) or of the sole Counsellor if he or she acts alone. The abatement shall end when the services are restored sufficiently to permit use written decision of the Premisessole Counsellor, the unanimous written decision of the two first appraisers/Counsellors chosen, without selection and participation of a third, or, if they do not agree, the written decision of a majority of the three appraisers/Counsellors, as the case may be, shall be conclusive and binding upon Landlord and Tenant.

Annual Fixed Rent. (a) From and after the applicable Commencement Date, the Tenant covenants and agrees to pay shall pay, without notice or demand, monthly installments of one-twelfth (1/12th) of the Annual Fixed Rent in Section 1.1 effect and applicable to Landlord the Premises in advance in equal monthly installments commencing on the Term Commencement Date (if not the first day of a month) and thereafter on the first day of each calendar month during the Term (except for any monthly rental payment due for any partial month at the beginning of the Term. All payments , which shall be due without billing or demand paid on the Commencement Date) for each full calendar month of the Term and without deduction, setoff or counterclaim, except as expressly set forth in this Lease. Tenant shall make payment of the corresponding fraction of said one-twelfth (1/12th) for any portion fraction of a calendar month at the beginning or end of the Term. All payments The Annual Fixed Rent applicable to the Premises during the Initial Term shall be payable to Landlord at Landlord’s address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this LeaseExhibit A; provided, however, that, notwithstanding Exhibit A, the terms of Subsections 3.1 (b) and (c) shall govern the applicable time periods specified therein. The Annual Fixed Rent applicable to the Premises during the Extension Term shall be as provided for by Section 2.5, and the Annual Fixed Rent for any First Offer Space shall be as provided for by Sections 2.7. (b) From the N2 Commencement Date through the same day of the month occurring in the fourth month thereafter, Tenant shall pay Annual Fixed Rent with respect to Building N2 on only 40,000 rentable square feet of space regardless of how much or less of the Building N2 space Tenant may then occupy; however, Tenant shall pay utility costs and all Additional Rent including, but not limited to, Tenant’s obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tax Expense and Tenant’s useOperating Expenses, or any casualty or taking, or any failure by Landlord allocable to perform any covenant contained herein, or any other occurrence; and, except all of Building N2 for the aforesaid time period. Effective as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failureday after said fourth month anniversary, Tenant shall be entitled to a proportional abatement of pay the Annual Fixed Rent and Additional Charges Rent as well as all utilities for Operating Expenses and Taxes based on the portion all of Building N2. Effective as of the Premises which cannot be used by Tenant. This abatement N3 Commencement Date, Tenant shall begin on the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use pay Annual Fixed Rent, Additional Rent as well as all utilities for all of the Premises. (c) In the event that the lease of Xxxxx Printing for Building N3 shall have expired or been terminated at any time after the N2 Commencement Date then Tenant shall pay an interim base rental of $4.25 per annum per rentable square foot on a monthly basis from said date of expiration or termination through the earlier of (i) January 31, 2009 or (ii) the N3 Commencement Date for the entire Building N3 Premises less any areas of Building N3 which Landlord is able to lease on short term basis during said time but only for so long as such short term leases extends.

Annual Fixed Rent. Tenant covenants and agrees to pay to Landlord, on the Annual Fixed Rent Commencement Date (defined in Section 1.1 to Landlord in advance in equal monthly installments commencing on the Term Commencement Date (if not the first day of a monthhereof) and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Term, a sum equal to one twelfth ( i /12th) of the Annual Fixed Rent (sometimes hereinafter referred to as "fixed rent”) and on the Commencement Date and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, an amount estimated by Landlord from time to time to cover Tenant's monthly payments for electricity under Section 2.8 and on the first day of each and every calendar month during the extension option period (if exercised), a sum equal to one twelfth ( 1/12th) of the annual fixed rent as determined for the extension option plus the then applicable monthly electricity charges (subject to escalation for electricity as provided in Section 2.8 hereof). Until notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Boston Properties Limited Partnership. All remittances received by Boston Props Limited Partnership, as Agents as aforesaid, or by any subsequently designated recipient, shall be treated as payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis. Additional Rent payable by Tenant on a monthly basis, as hereinafter provided, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion but shall commence on the Commencement Date; and other provisions of this Lease calling for monthly payments shall be due read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. The Annual Fixed Rent and all other charges for which provision is herein made shall be paid by Tenant to Landlord, without billing offset, deduction or demand and without deduction, setoff or counterclaim, abatement except as expressly otherwise specifically set forth in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premises.

Annual Fixed Rent. Tenant covenants and agrees to pay the Annual Fixed Rent in Section 1.1 to Landlord at the Rent Payments Address in Section 1.1 in advance in equal monthly installments commencing on the Term Rent Commencement Date (if not the first day of a month) and thereafter on the first day of each calendar month during the Term. All payments shall be due without billing or demand and without deduction, setoff or counterclaim, except as expressly set forth in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s 's address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s 's obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s 's use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s 's reasonable control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s 's reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs)) or Tenant is unable to reasonably access the Premises, and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be reasonably used by Tenant. This abatement shall begin on the fourth fifth (4th5th) consecutive Business Day from Tenant’s 's written notice to Landlord of the failure. The abatement shall end when the services or access are restored sufficiently to reasonably permit use of the Premises. If such failure continues for more than one hundred eighty (180) consecutive days from Tenant's written notice to Landlord of such failure, then Tenant may terminate this Lease by written notice to Landlord. If any public utility service to be provided to the Premises pursuant to this Lease is not provided to the Premises for more than one hundred eighty (180) consecutive days from Tenant's written notice to Landlord of such failure (and whether or not such failure is due to any reason within Landlord's reasonable control), then Tenant may terminate this Lease by written notice to Landlord.

Annual Fixed Rent. Commencing on the Rent Commencement Date, Tenant covenants and agrees to pay rent and all other sums due under this Lease to Landlord at the payment address set forth in Section 1E above or at such other place in the continental United States or to such other person or entity as Landlord may by notice in writing to Tenant from time to time direct, at the Annual Fixed Rent in Section 1.1 to Landlord in advance Rate, in equal monthly installments commencing on (i.e. l/12th of the Term Commencement Date (if not the first day of a Annual Fixed Rent Rate per month) and thereafter ), in advance, on the first day of each calendar month during included in the Term. All payments shall be due without billing or demand term; and without deduction, setoff or counterclaim, except as expressly set forth in this Lease. Tenant shall make payment for any portion of a calendar month following the Rent Commencement Date or at the beginning or end of the Term as set forth in Sections 1C and 3 above (as such Term may be extended), at that pro rata rate payable in advance for such portion (the “Monthly Rent”). Beginning on the first day of each five (5) year extension of the Term (as described in Section 3), the Monthly Rent shall be increased by ten percent (10%) over the Monthly Rent paid by the Tenant during the preceding five (5) year period, which adjusted Monthly Rent shall remain in effect for the remainder of such five (5) year extension of the Term. All payments For the purposes hereof, “Lease Year” shall be payable defined as any twelve (12) month period commencing on the Rent Commencement Date or on the anniversary of the Rent Commencement Date, except that the last Lease Year shall end on the expiration or earlier termination of the Term. The Monthly Rent and any additional charges shall be paid without notice or demand and all Rent and other amounts due from Tenant under this Lease shall be paid without setoff or deduction whatsoever. Tenant’s obligations to pay Monthly Rent to Landlord at are covenants independent of Landlord’s address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in obligations under this Lease. Except as otherwise provided, Tenant’s obligation so all additional payments are due thirty (30) days after delivery of an invoice. Tenant shall pay a late payment service charge, equal to pay five percent (5%) of the total delinquent amount or $100.00, whichever is greater, for each month for which payment of the Monthly Rent (as hereinafter defined) shall is not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or any casualty or taking, or any failure received by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rentwhen due. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be pay a charge equal to $50.00 per returned check or the amount to which Landlord is entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premisesunder state law, whichever is greater.

Annual Fixed Rent. Tenant covenants and agrees to pay the Annual Fixed Rent in Section 1.1 to Landlord in advance in equal monthly installments commencing on the Term Commencement Date (if not the first day of a month) and thereafter on the first day of each calendar month during the TermTerm commencing on the respective Rent Commencement Dates for monthly Premises A and Premises B, except that if the Delivery Date for Premises A occurs prior to June 1, 2001, Tenant’s obligation to pay Annual Fixed Rent shall not commence until June 1, 2001. All payments shall be due without billing or demand and without deduction, setoff or counterclaim, except as expressly set forth in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the TermTerm on a per diem basis. All payments shall be payable to Landlord at Landlord’s addressits Address, both as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter defined) rent, or to pay any additional charge hereunder, shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on law or regulation now or hereafter restricting Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other breach of this Lease or occurrence; and, except as expressly set forth in this Lease, and Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rentrent or additional charges, except as specifically provided herein. The foregoing notwithstandingterm “rent” as used herein shall mean Annual Fixed Rent, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVACOperating Expenses, elevator service, electricity, water, or structural repairs)Taxes, and any additional amounts or charges due from Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premisesunder this Lease.

Annual Fixed Rent. Tenant covenants and agrees to pay the Annual Fixed Rent in Section 1.1 to Landlord in advance in equal monthly installments (subject to the application of the abatement set forth in Section 1.1) commencing on the Term Commencement Date or the Second Floor Premises Commencement Date, as applicable, (if not the first day of a month) and thereafter on the first day of each calendar month during the Term. All payments shall be due without billing or demand and without deduction, setoff or counterclaim, except as expressly set forth otherwise provided in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s 's address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s 's obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s 's use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrenceoccurrence except as otherwise provided expressly in this Lease; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premises.

Annual Fixed Rent. Tenant covenants and agrees to pay the The Annual Fixed Rent in Section 1.1 respect of such portion of the RFO Space shall be based upon the Prevailing Market Rent, as defined in Exhibit H attached to Landlord in advance in equal monthly installments commencing on the Term Lease, of such portion of the RFO Space as of the Commencement Date (if not in respect of such portion of the first day of a month) and thereafter on the first day of each calendar month during the Term. All payments shall be due without billing or demand and without deduction, setoff or counterclaim, except as expressly set forth in this LeaseRFO Space. Tenant shall make payment for any may only request a Broker Determination of the Prevailing Market Rent at the time that Tenant unconditionally gives Xxxxxx’s RFO Exercise Notice with respect to such portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designateRFO Space. Without limiting any other factors which may be taken into account in determining such Prevailing Market Rent, such Prevailing Market Rent shall take into account: (x) the foregoingfact that the Rent Commencement Date in respect of such portion of the RFO Space may be ninety (90) days after the Commencement Date in respect of such portion of the RFO Space, except as expressly set forth and (y) the fact that, unless otherwise agreed to by the parties in this Leasewriting, Tenant will, in accordance with Paragraph 3D(5), be taking the RFO Space “as-is”, without any obligation on the part of Landlord to provide any allowance or contribution to Tenant towards the preparation of such portion of the RFO Space for Tenant’s occupancy. If the Broker Determination with respect to a Prevailing Market Rent has not been resolved before the commencement of Tenant’s obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premisesrent based upon such Prevailing Market Rent, or any other restriction on Tenant’s use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, then Tenant shall be entitled to a proportional abatement of pay Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on other charges under the portion Lease in respect of the Premises which cannot be used premises in question based upon the Prevailing Market Rent designated by Tenant. This abatement shall begin on Landlord until either the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord agreement of the failure. The abatement shall end when parties as to the services are restored sufficiently to permit use Prevailing Market Rent, or the decision of the PremisesBrokers, as the case may be, at which time Tenant shall pay any underpayment of rent and other charges to Landlord, or Landlord shall refund any overpayment of rent and other charges to Tenant.

Annual Fixed Rent. Tenant covenants and agrees to pay the Annual Fixed Rent in Section 1.1 to Landlord in advance in equal monthly installments commencing on the Term Commencement Date (if not the first day of a month) and thereafter on the first day of each calendar month during the Term. The monthly installments of Annual Fixed Rent shall equal one-twelfth of the product of the Rentable Floor Area of Premises and the Annual Fixed Rent Rate Per Square Foot of Rentable Floor Area set forth in Section 1.1. All payments shall be due without billing or demand and without deductiondeduction (except as otherwise expressly set forth herein), setoff or counterclaim, except as expressly set forth in this Lease. Tenant shall make payment a pro-rata payment, on a per diem basis, for any portion of a partial calendar month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s addressits Address, both as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. All Annual Fixed Rent, additional charges and other payments due hereunder shall constitute rent. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter defined) rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, and Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premisesrent.

Annual Fixed Rent. Tenant covenants and agrees to pay to Landlord at the Original Address of Landlord, or such other place as Landlord may by written notice to Tenant direct, Annual Fixed Rent stated in Section 1.1 to Landlord in advance section 1 in equal monthly installments commencing on the Term Commencement Date (if not the first day of a month) and thereafter on the first day of each calendar month during the Term and pro rata for any partial month. The first payment shall be made on execution of this Lease and shall be for the first full month for which full rent is due plus any preceding partial month. Annual Fixed Rent for the extended Term shall be established by agreement between Landlord and Tenant and shall be ninety percent (90%) of the fair market rent for the Premises (exclusive of Real Estate Taxes and Operating Expenses) on or about the date the extended Term begins (but in no event shall Annual Fixed Rent for the extended Term be less than Annual Fixed Rent for the final twelve months of the original Term). Fair market rent shall be the highest Annual Fixed Rent (or schedule or formula of varying rents and, including without limitation the net present value of concessions, such as free rent periods, then typical in that market) which willing tenants would pay to lease such area for the term in question in a competitive and open market under terms and conditions substantially the same as those of this Lease with such area considered free and clear of this Lease and as though then available for occupancy for any legal use in their then condition. Rent historically paid under this Lease shall be disregarded in determining fair market rent. If, at Tenant's request, Landlord states in writing the fair market rent Landlord would accept for the extended Term as set forth in Section 3.4, and Tenant specifically accepts that rent in its notice extending the Term, then that shall be the Annual Fixed Rent for the extended Term. All payments In all other cases, Annual Fixed Rent shall be due determined by subsequent agreement (or failing agreement, by appraisers) as stated below. If Landlord and Tenant have not agreed on such fair market rent in writing by September 1, 1997, the fair market rate shall be determined by appraisers, one to be chosen by Landlord, one to be chosen by Tenant and a third to be selected by the first chosen if the first two cannot agree; or, at Landlord's option, by a member of the American Society of Real Estate Counselors experienced in first class urban office buildings. Landlord and Tenant shall each notify the other of its chosen appraiser within thirty (30) days after the commencement of the Term as to the Additional Premises and, unless those two appraisers shall have reach a unanimous decision within seventy-five (75) days from the end of that thirty (30) day period, they shall within the following fifteen (15) days select a third appraiser, notify Landlord and Tenant thereof and proceed forthwith to decision. If Landlord elects to have the determination made by a member of the American Society of Real Estate Counselors, Landlord shall notify Tenant within thirty (30) days after the commencement of such year of the name of the Counselor chosen, and neither party shall have any further obligation to select appraisers. If Tenant notifies Landlord with in thirty (30) days of the date of Landlord's notice the Tenant wants two (2) or if necessary three (3), such Counselors to act, and includes in that notice the name of a second Counselor, then Landlord shall so inform the original Counselor, and those two Counselors shall proceed in the manner and on the schedule specified herein for appraisers, including selecting a third Counselor failing agreement of the two. Landlord and Tenant shall each bear the expense of the appraiser/ Counselor chosen by it and shall bear equally the expense of the third appraiser/Counselor (if any) or of the sole Counselor if he or she acts alone. The written decision of the sole Counselor, the unanimous written decision of the two first appraiser/Counselors chosen, without billing or demand selection and participation of a third, or, if they do not agree, the written decision of a majority of the three appraisers/Counselors, as the case may be, shall be conclusive and binding upon Landlord and Tenant. Until Annual Fixed Rent for the extended Term is determined, Tenant shall make payments of Annual Fixed Rent in the amount of Landlord's last offer subject to retroactive adjustment, without deductioninterest, setoff or counterclaim, except in conformity with and within thirty (30) days of the determination of Annual Fixed Rent as expressly set forth in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the PremisesSection.

Annual Fixed Rent. (a) Tenant covenants and agrees to pay the Annual Fixed Rent in Section 1.1 to Landlord in advance in equal monthly installments Landlord, commencing on the Term Rent Commencement Date (if not the first day of a month) Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the original Lease Term, a sum equal to one-twelfth (1/12th) of the Annual Fixed Rent specified in Section 1.1 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined pursuant to Section 3.3 and Section 3.4 for the Extended Term, all without offset or abatement except as otherwise expressly provided in this Lease. All payments Until notice of some other designation is given, Annual Fixed Rent and all other charges for which provision is herein made shall be due paid to Landlord at its office in Boston, Massachusetts set forth on page 1 of this Lease, or, at Tenant’s election, made by electronic funds transfer to Landlord at the account designated by Landlord upon Tenant’s election. (b) Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. (c) Additional Rent (as defined in Section 20.8 hereof) payable by Tenant on a monthly basis as provided in this Lease, likewise shall be prorated for any partial month of the Lease Term. (d) Notwithstanding that the payment of Annual Fixed Rent payable by Tenant to Landlord shall not commence until the Commencement Date, Tenant shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Annual Fixed Rent, Additional Rent and all other charges payable under this Lease shall be paid by Tenant to Landlord in lawful money of the United States in immediately available funds and without billing notice or demand and without deductionwith setoff, setoff deduction or counterclaimabatement, except as otherwise expressly set forth in this Lease. Tenant shall make payment for any portion of a month at the beginning or end of the Term. All payments shall be payable to Landlord at Landlord’s address, as specified in Section 1.1, or to such other entities at such other places as Landlord may from time to time designate. Without limiting the foregoing, except as expressly set forth in this Lease, Tenant’s obligation so to pay Rent (as hereinafter defined) shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and, except as expressly set forth in this Lease, Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. The foregoing notwithstanding, if Landlord fails for any reason within Landlord’s control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant’s reasonable use of the Premises (such as HVAC, elevator service, electricity, water, or structural repairs), and Tenant is unable to use the Premises on account of such failure, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent and Additional Charges for Operating Expenses and Taxes based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fourth (4th) consecutive Business Day from Tenant’s written notice to Landlord of the failure. The abatement shall end when the services are restored sufficiently to permit use of the Premises.