Base Monthly Rent. (a) Commencing on the Lease Commencement Date (as determined pursuant to Paragraph 2.3 above) and continuing throughout the Lease Term, Tenant shall pay to Landlord, without prior demand therefor, in advance on the first day of each calendar month, cash or other immediately available good funds in the amount set forth as Base Monthly Rent in Article 1. (b) Base Monthly Rent is not payable during the first twenty-eight (28) months of the Lease Term (the “Rent Abatement Period”). Notwithstanding anything to the contrary contained in this Lease, Landlord shall have the option (the “Lump Sum Payment Option”) to require Tenant to pay Base Monthly Rent for so much of the Rent Abatement Period as remains following Landlord’s notice as hereinafter provided at the rate set forth in the Lump Sum Payment Amendment defined below, beginning on the date (the “Base Monthly Rent Start Date”) set forth in the Lump Sum Payment Option Notice (defined below), which shall in no event be a date prior to payment to Tenant of the Abated Rent Lump Sum Payment. To exercise the Lump Sum Payment Option, Landlord must (i) provide written notice to Tenant of such exercise (the “Lump Sum Payment Option Notice”) and (ii) pay to Tenant the Base Monthly Rent that would be payable for the remaining Rent Abatement Period (the “Abated Rent Lump Sum Payment”). If Landlord elects its Lump Sum Payment Option, the Abated Rent Lump Sum Payment shall be made, at Landlord’s election (a) within thirty (30) days of Tenant’s receipt of the Lump Sum Payment Option Notice, or (b) on the closing date of any financing or sale of the Building by Landlord (the date of such payment is hereinafter referred to as the “Lump Sum Payment Date”). If Landlord fails to pay the Abated Rent Lump Sum Payment by the Lump Sum Payment Date or the financing or sale transaction for the Building, if applicable, expires or is terminated or deemed null and void for any reason, Landlord’s exercise of the Lump Sum Payment Option shall be deemed null and void and of no further force or effect and the Abated Rent Lump Sum Payment, if theretofore paid by Landlord to Tenant, shall promptly be returned by Tenant to Landlord. If Landlord’s Lump Sum Payment Notice is effective on a day other than the first day of a calendar month and Landlord has then paid the Abated Rent Lump Sum Payment, then Tenant shall pay any Base Monthly Rent payable hereunder for the period from Landlord’s Lump Sum Payment Option Notice through the last day of the calendar month, with the next installment of Base Monthly Rent due for the following calendar month. Building G (c) If Landlord exercises its Lump Sum Payment Option in accordance with the above paragraph, Landlord shall prepare an amendment in the form of Exhibit F attached hereto (the “Lump Sum Payment Amendment”) that documents the effect of Landlord’s exercise of the Lump Sum Payment Option and sets forth a revised rent schedule reflecting Tenant’s payment of the Base Monthly Rent for the remaining Rent Abatement Period following the Lump Sum Payment Option Notice. A copy of the Lump Sum Payment Amendment shall be sent to Tenant and Tenant shall execute and return the Lump Sum Payment Amendment to Landlord within ten (10) business days thereafter, but Landlord’s otherwise valid exercise of the Lump Sum Payment Option shall be fully effective whether or not the Lump Sum Payment Amendment is executed.
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Base Monthly Rent. (a) Commencing on the Lease Commencement Date (as determined pursuant to Paragraph 2.3 above) and continuing throughout the Lease Term, Tenant shall pay to Landlord, without prior demand therefor, Landlord monthly base rent in the initial amount in Section 1 which shall be payable monthly in advance on the first day of each and every calendar month of the Term of the Lease (“Base Monthly Rent”) provided, however, the first month, cash or other immediately available good funds in the amount set forth as ’s Base Monthly Rent in Article 1.
(b) Base Monthly Rent and Tenant’s Share of Expenses is not due and payable during on the first twenty-eight (28) months Commencement Date with respect to each portion of the Lease Term (the “Rent Abatement Period”)Premises. Notwithstanding anything to the contrary contained in this Section 4, Base Monthly Rent shall be abated for: (x) the Clear Channel Premises (except for the 351 Office, 351 Storage and 351 IDF spaces) from its Commencement Date until one hundred twenty (120) days after the Commencement Date (the “Clear Channel Rent Abatement Period”); (y) the 351 Office, 351 Storage and 351 IDF spaces from the Commencement Date until June 30, 2011 (the “351 Office/Storage/IDF Abatement Period”); and (z) the 351 Washington Financial space from the date that Tenant notifies Landlord that it has begun the Tenant Improvement Work for that space until one hundred twenty (120) days thereafter (the “351 Washington Financial Rent Abatement Period”, the Clear Channel Rent Abatement Period, 351 Office/Storage Rent Abatement Period and 351 Washington Financial Rent Abatement Period being collectively known as the “Rent Abatement Periods”); provided, however, if prior to or during the Rent Abatement Periods, there is a default by Tenant as set forth in Section 20(a) of the Lease, then any current abatement shall immediately cease, any future abatement during the remainder of the Rent Abatement Periods shall be null and void, and Tenant shall thereafter pay full Rent for the remainder of the Term. For purposes of Section 467 of the Internal Revenue Code, the parties to this Lease hereby agree to allocate the stated Rents, provided herein, to the periods which correspond to the actual Rent payments as provided under the terms and conditions of this agreement. Notwithstanding anything to the contrary in this Lease, Landlord shall have the option (the “Lump Sum Payment Option”) to require Tenant to pay Base Monthly Rent for so much of the Rent Abatement Period as remains following Landlord’s notice as hereinafter provided at the rate set forth in the Lump Sum Payment Amendment defined belowuntil August 1, beginning on the date (the “Base Monthly Rent Start Date”) set forth in the Lump Sum Payment Option Notice (defined below)2012, which shall in no event be a date prior to payment to Tenant of the Abated Rent Lump Sum Payment. To exercise the Lump Sum Payment Option, Landlord must (i) provide written notice to Tenant of such exercise (the “Lump Sum Payment Option Notice”) and (ii) pay to Tenant the Base Monthly Rent that would be payable for the remaining Rent Abatement Period (the “Abated Rent Lump Sum Payment”). If Landlord elects its Lump Sum Payment Option, the Abated Rent Lump Sum Payment shall be made, at Landlord’s election (a) within thirty (30) days of Tenant’s receipt of the Lump Sum Payment Option Notice, or (b) on the closing date of any financing or sale of the Building by Landlord (the date of such payment is hereinafter referred to as the “Lump Sum Payment Date”). If Landlord fails to pay the Abated Rent Lump Sum Payment by the Lump Sum Payment Date or the financing or sale transaction for the Building, if applicable, expires or is terminated or deemed null and void for any reason, Landlord’s exercise of the Lump Sum Payment Option shall be deemed null and void and of no further force or effect and the Abated Rent Lump Sum Payment, if theretofore paid by Landlord to Tenant, shall promptly be returned by Tenant to Landlord. If Landlord’s Lump Sum Payment Notice is effective on a day other than the first day of a calendar month and Landlord has then paid the Abated Rent Lump Sum Payment, then Tenant shall pay any Base Monthly Rent payable hereunder for the period from Landlord’s Lump Sum Payment Option Notice through the last day of the calendar month, with the next installment of Base Monthly Rent due for the following calendar month. Building G
(c) If Landlord exercises its Lump Sum Payment Option in accordance with the above paragraph, Landlord shall prepare an amendment in the form of Exhibit F attached hereto (the “Lump Sum Payment Amendment”) that documents the effect of Landlord’s exercise of the Lump Sum Payment Option and sets forth a revised rent schedule reflecting Tenant’s payment of the Base Monthly Rent for the remaining Rent Abatement Period following CTI Space (defined in Section 43 below) shall remain at the Lump Sum Payment Option Notice. A copy of the Lump Sum Payment Amendment shall be sent to rental rate, including any applicable increases, Tenant and Tenant shall execute and return the Lump Sum Payment Amendment pays to Landlord within ten (10) business days thereafterpursuant to that certain Amended and Restated Office Lease Agreement, but Landlord’s otherwise valid exercise of the Lump Sum Payment Option shall be fully effective whether or not the Lump Sum Payment Amendment is executeddated April 3, 2000, between 401 Xxxxxxx Xxxx LLC and Tenant.
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Base Monthly Rent. (a) A. A Commencing on the Lease Base Monthly Rent Commencement Date (as determined pursuant to Paragraph 2.3 above) and continuing throughout the Lease TermDate, Tenant shall agrees to pay Base Monthly Rent to Landlord, without prior demand therefornotice, in advance advance, on the first day of each calendar month, cash or other immediately available good funds in the amount set forth as Base Monthly Rent in Article 1.
(b) Base Monthly Rent is not payable during the first twenty-eight (28) months month of the Lease Term (Term. In the “Rent Abatement Period”). Notwithstanding anything to the contrary contained in this Lease, Landlord shall have the option (the “Lump Sum Payment Option”) to require Tenant to pay Base Monthly Rent for so much of the Rent Abatement Period as remains following Landlord’s notice as hereinafter provided at the rate set forth in the Lump Sum Payment Amendment defined below, beginning on the event such date (the “Base Monthly Rent Start Date”) set forth in the Lump Sum Payment Option Notice (defined below), which shall in no event be a date prior to payment to Tenant of the Abated Rent Lump Sum Payment. To exercise the Lump Sum Payment Option, Landlord must (i) provide written notice to Tenant of such exercise (the “Lump Sum Payment Option Notice”) and (ii) pay to Tenant the Base Monthly Rent that would be payable for the remaining Rent Abatement Period (the “Abated Rent Lump Sum Payment”). If Landlord elects its Lump Sum Payment Option, the Abated Rent Lump Sum Payment shall be made, at Landlord’s election (a) within thirty (30) days of Tenant’s receipt of the Lump Sum Payment Option Notice, or (b) on the closing date of any financing or sale of the Building by Landlord (the date of such payment is hereinafter referred to as the “Lump Sum Payment Date”). If Landlord fails to pay the Abated Rent Lump Sum Payment by the Lump Sum Payment Date or the financing or sale transaction for the Building, if applicable, expires or is terminated or deemed null and void for any reason, Landlord’s exercise of the Lump Sum Payment Option shall be deemed null and void and of no further force or effect and the Abated Rent Lump Sum Payment, if theretofore paid by Landlord to Tenant, shall promptly be returned by Tenant to Landlord. If Landlord’s Lump Sum Payment Notice is effective on a day other than the first day of a calendar month and Landlord has then paid the Abated Rent Lump Sum Paymentmonth, then Tenant shall pay any Base Monthly Rent payable hereunder for the period from Landlord’s Lump Sum Payment Option Notice through the last day of the calendar month, with the next installment of Base Monthly Rent due for the following calendar month. Building G
(c) If Landlord exercises its Lump Sum Payment Option in accordance with the above paragraph, Landlord shall prepare an amendment in the form of Exhibit F attached hereto (the “Lump Sum Payment Amendment”) that documents the effect of Landlord’s exercise of the Lump Sum Payment Option and sets forth a revised rent schedule reflecting Tenant’s payment of the Base Monthly Rent for said fractional month shall be prorated on the remaining basis of a 30-day month.
B. Upon Tenant’s execution of this Lease, Tenant shall pay to landlord Base Monthly Rent Abatement Period following for the Lump Sum Payment Option Notice. A copy first full Base Monthly Rent paying month of the Lump Sum Payment Amendment Lease Term (i.e., $130,000.00) together with estimated Modified Industrial Gross Charges for the first month of the Lease Term. $130,000.00 of said amount shall be sent paid by Tenant to Landlord upon Tenant’s execution of this Lease. Thereafter, Landlord shall provide Tenant with the estimated Modified Industrial Gross Charges for said first month after the Lease is executed and Tenant shall execute pay such amount within 30 days of receipt of Landlord’s estimate.
C. Base Monthly Rent shall be paid by Tenant to Landlord, without deduction or offset, in lawful money of the United States of America, in accordance with such procedures and return to such persons and/or places as Landlord may from time to time designate in a notice to Tenant.
D. In addition to the Lump Sum Payment Amendment Base Monthly Rent, Tenant shall pay to Landlord within ten all charges and other amounts required under this Lease (10) business days thereafterherein called “Additional Rent”), but Landlord’s otherwise valid exercise including, without limitation, Additional Rent resulting from Expenses, Increased Insurance Expenses and Increased Real Estate Taxes pursuant to the provisions of the Lump Sum Payment Option Article 4 hereof. All such Additional Rent shall be fully effective whether or not payable to Landlord at the Lump Sum Payment Amendment place where the Base Monthly Rent is executedpayable and Landlord shall have the same remedies for a default in the payment of Additional Rent as for a default in the payment of Base Monthly Rental. All sums payable by Tenant under this Lease are collectively referred to as “Rent”.
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Samples: Lease (Colonnade Acquisition Corp.)
Base Monthly Rent. (a) Commencing on the Lease Commencement Date (as determined pursuant to Paragraph 2.3 above) and continuing throughout the Lease Term, Tenant shall pay to Landlord, without prior demand therefor, in advance on the first day of each calendar month, cash or other immediately available good funds in the amount set forth as Base Monthly Rent in Article 1.
(b) Base Monthly Rent is not payable during the first twenty-eight twelve (2812) months of the Lease Term (the “Rent Abatement Period”). Notwithstanding anything to the contrary contained in this Lease, Landlord shall have the option (the “Lump Sum Payment Option”) to require Tenant to pay Base Monthly Rent for so much of the Rent Abatement Period as remains following Landlord’s notice as hereinafter provided at the rate set forth in the Lump Sum Payment Amendment defined belowof $594,027.30 per month, beginning on the date (the “Base Monthly Rent Start Date”) set forth in the Lump Sum Payment Option Notice (defined below), which shall in no event be a date prior to payment to Tenant of the Abated Rent Lump Sum Payment. To exercise the Lump Sum Payment Option, Landlord must (i) provide written notice to Tenant of such exercise (the “Lump Sum Payment Option Notice”) and (ii) pay to Tenant the Base Monthly Rent that would be payable for the remaining Rent Abatement Period (the “Abated Rent Lump Sum Payment”). If Landlord elects its Lump Sum Payment Option, the Abated Rent Lump Sum Payment shall be made, at Landlord’s election (a) within thirty (30) days of Tenant’s receipt of the Lump Sum Payment Option Notice, or (b) on the closing date of any financing or sale of the Building by Landlord (the date of such payment is hereinafter referred to as the “Lump Sum Payment Date”). If Landlord fails to pay the Abated Rent Lump Sum Payment by the Lump Sum Payment Date or the financing or sale transaction for the Building, if applicable, expires or is terminated or deemed null and void for any reason, Landlord’s exercise of the Lump Sum Payment Option shall be deemed null and void and of no further force or effect and the Abated Rent Lump Sum Payment, if theretofore paid by Landlord to Tenant, shall promptly be returned by Tenant to Landlord. If Landlord’s Lump Sum Payment Notice is effective on a day other than the first day of a calendar month and Landlord has then paid the Abated Rent Lump Sum Payment, then Tenant shall pay any Base Monthly Rent payable hereunder for the period from Landlord’s Lump Sum Payment Option Notice through the last day of the calendar month, with the next installment of Base Monthly Rent due for the following calendar month. Building G.
(c) If Landlord exercises its Lump Sum Payment Option in accordance with the above paragraph, Landlord shall prepare an amendment in the form of Exhibit F G attached hereto (the “Lump Sum Payment Amendment”) that documents the effect of Landlord’s exercise of the Lump Sum Payment Option and sets forth a revised rent schedule reflecting Tenant’s payment of the Base Monthly Rent for the remaining Rent Abatement Period following the Lump Sum Payment Option Notice. A copy of the Lump Sum Payment Amendment shall be sent to Tenant and Tenant shall execute and return the Lump Sum Payment Amendment to Landlord within ten (10) business days thereafter, but Landlord’s otherwise valid exercise of the Lump Sum Payment Option shall be fully effective whether or not the Lump Sum Payment Amendment is executed.
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Base Monthly Rent. (a) Commencing on Section 2.3 of the First Amendment is hereby modified and amended such that the ‘Base Monthly Rent’ table shall, effective as of the Assignment Date, be revised as follows: * as defined in the Assignment** subject to abatement rights set forth in this Section 10.1 below. Landlord agrees that so long as Tenant is not in default of the terms, covenants and conditions of the Lease Commencement Date (as determined pursuant to Paragraph 2.3 above) beyond any applicable notice and continuing throughout cure period the Lease Term, Tenant shall pay be entitled to Landlord, without prior demand therefor, in advance on xxxxx the first day of each calendar month, cash or other immediately available good funds in the amount set forth as Base Monthly Rent in Article 1.
(b) Base Monthly Rent is not payable during for the Leased Premises for the first twenty-eight three (283) months of the Lease Term immediately following the actual Assignment Date for the Leased Premises, e.g., if the Assignment Date is August 25, 2014, Base Monthly Rent shall be abated through and including November 24, 2014, and commencing on the first day following the expiration of such abatement period (which would be November 25, 2014 in the “foregoing example), Tenant shall make Base Monthly Rent Abatement Period”Payments as otherwise provided in the Lease (prorated for any partial month). Notwithstanding anything Landlord further agrees that, so long as Tenant is not in default of the terms, covenants and conditions of the Lease beyond any applicable notice and cure period, then Tenant shall be entitled during the last applicable month of the Lease Term to xxxxx up to a maximum amount of Base Monthly Rent equal to the contrary contained in this Lease, Landlord shall have amount of the option (the “Lump Sum Payment Option”) to require Tenant to pay last month of Base Monthly Rent for so much of the Rent Abatement Period as remains following Landlord’s notice as hereinafter provided at the rate set forth in the Lump Sum Payment Amendment defined below, beginning on the date (the “Leased Premises. Tenant acknowledges and agrees that all Base Monthly Rent Start Date”abated by the Landlord shall be provided only where Tenant fully performs all of its obligations and liabilities under the Lease and accordingly any default (beyond applicable notice and cure period) set forth in the Lump Sum Payment Option Notice (defined below), which shall in no event be a date prior to payment to Tenant of the Abated Rent Lump Sum Payment. To exercise the Lump Sum Payment OptionLease terms, covenants or conditions by Tenant during any rental abatement period shall entitle Landlord must (i) provide written notice to immediately terminate any further Tenant right to abatement of such exercise (the “Lump Sum Payment Option Notice”) and (ii) pay to Tenant the Base Monthly Rent that would be payable and to seek recovery from Tenant of all abated Base Monthly Rent during such rental abatement period provided to date by way of increased rental rates for the remaining Rent Abatement Period (remainder of the “Abated Rent Lump Sum Payment”). If Landlord elects its Lump Sum Payment OptionLease Term, as the Abated Rent Lump Sum Payment shall be madesame may have been extended pursuant to this Lease, at Landlord’s election (a) or if the Lease has expired or terminated then upon payment by Tenant within thirty (30) days of Tenant’s receipt of the Lump Sum Payment Option Notice, or (b) on the closing date of any financing or sale of the Building by Landlord (the date of such payment is hereinafter referred to as the “Lump Sum Payment Date”). If Landlord fails to pay the Abated Rent Lump Sum Payment by the Lump Sum Payment Date or the financing or sale transaction for the Building, if applicable, expires or is terminated or deemed null and void for any reason, Landlord’s exercise of the Lump Sum Payment Option shall be deemed null and void and of no further force or effect and the Abated Rent Lump Sum Payment, if theretofore paid by Landlord to Tenant, shall promptly be returned by Tenant to demand from Landlord. If Landlord’s Lump Sum Payment Notice is effective on a day The abatement rights contained herein may not be assigned to any other party other than the first day of a calendar month and Landlord has then paid the Abated Rent Lump Sum Payment, then Tenant shall pay any Base Monthly Rent payable hereunder for the period from Landlord’s Lump Sum Payment Option Notice through the last day of the calendar month, with the next installment of Base Monthly Rent due for the following calendar month. Building G
(c) If Landlord exercises its Lump Sum Payment Option in accordance with the above paragraph, Landlord shall prepare an amendment in the form of Exhibit F attached hereto (the “Lump Sum Payment Amendment”) that documents the effect of Landlord’s exercise of the Lump Sum Payment Option and sets forth a revised rent schedule reflecting Tenant’s payment of the Base Monthly Rent for the remaining Rent Abatement Period following the Lump Sum Payment Option Notice. A copy of the Lump Sum Payment Amendment shall be sent to Tenant and Tenant shall execute and return the Lump Sum Payment Amendment to Landlord within ten (10) business days thereafter, but Landlord’s otherwise valid exercise of the Lump Sum Payment Option shall be fully effective whether or not the Lump Sum Payment Amendment is executedPermitted Assignee.
Appears in 1 contract
Samples: Lease (Juniper Networks Inc)
Base Monthly Rent. (a) Commencing on Section 2.3 of the Second Amendment is hereby modified and amended such that the ‘Base Monthly Rent’ table shall, effective as of the Assignment Date, be revised as follows: * as defined in the Assignment** subject to abatement rights set forth in this Section 10.1 below. Landlord agrees that so long as Tenant is not in default of the terms, covenants and conditions of the Lease Commencement Date (as determined pursuant to Paragraph 2.3 above) beyond any applicable notice and continuing throughout cure period the Lease Term, Tenant shall pay be entitled to Landlord, without prior demand therefor, in advance on xxxxx the first day of each calendar month, cash or other immediately available good funds in the amount set forth as Base Monthly Rent in Article 1.
(b) Base Monthly Rent is not payable during for the Leased Premises for the first twenty-eight three (283) months of the Lease Term immediately following the actual Assignment Date for the Leased Premises, e.g., if the Assignment Date is August 25, 2014, Base Monthly Rent shall be abated through and including November 24, 2014, and commencing on the first day following the expiration of such abatement period (which would be November 25, 2014 in the “foregoing example), Tenant shall make Base Monthly Rent Abatement Period”Payments as otherwise provided in the Lease (prorated for any partial month). Notwithstanding anything Landlord further agrees that, so long as Tenant is not in default of the terms, covenants and conditions of the Lease beyond any applicable notice and cure period, then Tenant shall be entitled during the last applicable month of the Lease Term to xxxxx up to a maximum amount of Base Monthly Rent equal to the contrary contained in this Lease, Landlord shall have amount of the option (the “Lump Sum Payment Option”) to require Tenant to pay last month of Base Monthly Rent for so much of the Rent Abatement Period as remains following Landlord’s notice as hereinafter provided at the rate set forth in the Lump Sum Payment Amendment defined below, beginning on the date (the “Leased Premises. Tenant acknowledges and agrees that all Base Monthly Rent Start Date”abated by the Landlord shall be provided only where Tenant fully performs all of its obligations and liabilities under the Lease and accordingly any default (beyond applicable notice and cure period) set forth in the Lump Sum Payment Option Notice (defined below), which shall in no event be a date prior to payment to Tenant of the Abated Rent Lump Sum Payment. To exercise the Lump Sum Payment OptionLease terms, covenants or conditions by Tenant during any rental abatement period shall entitle Landlord must (i) provide written notice to immediately terminate any further Tenant right to abatement of such exercise (the “Lump Sum Payment Option Notice”) and (ii) pay to Tenant the Base Monthly Rent that would be payable and to seek recovery from Tenant of all abated Base Monthly Rent during such rental abatement period provided to date by way of increased rental rates for the remaining Rent Abatement Period (remainder of the “Abated Rent Lump Sum Payment”). If Landlord elects its Lump Sum Payment OptionLease Term, as the Abated Rent Lump Sum Payment shall be madesame may have been extended pursuant to this Lease, at Landlord’s election (a) or if the Lease has expired or terminated then upon payment by Tenant within thirty (30) days of Tenant’s receipt of the Lump Sum Payment Option Notice, or (b) on the closing date of any financing or sale of the Building by Landlord (the date of such payment is hereinafter referred to as the “Lump Sum Payment Date”). If Landlord fails to pay the Abated Rent Lump Sum Payment by the Lump Sum Payment Date or the financing or sale transaction for the Building, if applicable, expires or is terminated or deemed null and void for any reason, Landlord’s exercise of the Lump Sum Payment Option shall be deemed null and void and of no further force or effect and the Abated Rent Lump Sum Payment, if theretofore paid by Landlord to Tenant, shall promptly be returned by Tenant to demand from Landlord. If Landlord’s Lump Sum Payment Notice is effective on a day The abatement rights contained herein may not be assigned to any other party other than the first day of a calendar month and Landlord has then paid the Abated Rent Lump Sum Payment, then Tenant shall pay any Base Monthly Rent payable hereunder for the period from Landlord’s Lump Sum Payment Option Notice through the last day of the calendar month, with the next installment of Base Monthly Rent due for the following calendar month. Building G
(c) If Landlord exercises its Lump Sum Payment Option in accordance with the above paragraph, Landlord shall prepare an amendment in the form of Exhibit F attached hereto (the “Lump Sum Payment Amendment”) that documents the effect of Landlord’s exercise of the Lump Sum Payment Option and sets forth a revised rent schedule reflecting Tenant’s payment of the Base Monthly Rent for the remaining Rent Abatement Period following the Lump Sum Payment Option Notice. A copy of the Lump Sum Payment Amendment shall be sent to Tenant and Tenant shall execute and return the Lump Sum Payment Amendment to Landlord within ten (10) business days thereafter, but Landlord’s otherwise valid exercise of the Lump Sum Payment Option shall be fully effective whether or not the Lump Sum Payment Amendment is executedPermitted Assignee.
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Base Monthly Rent. (a) Commencing on the Lease Commencement Date (as determined pursuant to Paragraph 2.3 above) and continuing throughout the Lease Term, Tenant shall pay to Landlord, without prior demand therefor, in advance on the first day of each calendar month, cash or other immediately available good funds in the amount set forth as Base Monthly Rent in Article 1.
. If for any reason the Lease Commencement Date occurs pursuant to the terms of this Lease on a day other than the first day of a calendar month, the period commencing on the Lease Commencement Date and ending on the last day of the calendar month in which the Lease Commencement Date occurs shall be an initial “Stub Period” which shall be added to the Lease Term, and Tenant shall pay all rent and other charges with respect to such Stub Period (bon a prorated basis) on the Lease Commencement Date at the same rate applicable to the first full calendar month of this Lease. Base Monthly Rent is not payable at a reduced rate during the first twenty-eight twelve (2812) full calendar months of the Lease Term Term, as if the Leased Premises contained only 12,000 rentable square feet (the “Base Rent Abatement Period”). Notwithstanding anything to the contrary contained in this Lease, Landlord shall have the option (the “Lump Sum Payment Option”) to require Tenant to pay Base Monthly Rent for so much of the Base Rent Abatement Period as remains following Landlord’s notice as hereinafter provided at the rate set forth in the Lump Sum Payment Amendment defined belowof $28,925.00 per month, beginning on the date (the “Base Monthly Rent Start Date”) set forth in the Lump Sum Payment Option Notice (defined below), which shall in no event be a date prior to payment to Tenant of the Abated Rent Lump Sum Payment. To exercise the Lump Sum Payment Option, Landlord must (i) provide written notice to Tenant of such exercise (the “Lump Sum Payment Option Notice”) and (ii) pay to Tenant the Base Monthly Rent that would be payable for the remaining Base Rent Abatement Period at the rate of $28,925.00 per month (the “Abated Rent Lump Sum Payment”). If Landlord elects its Lump Sum Payment Option, the Abated Rent Lump Sum Payment shall be made, at Landlord’s election (a) within thirty (30) days of Tenant’s receipt of the Lump Sum Payment Option Notice, or (b) on the closing date of any financing or sale of the Building by Landlord (the date of such payment is hereinafter referred to as the “Lump Sum Payment Date”), but, in either event, not later than the Base Monthly Rent Start Date. If Landlord fails to pay the Abated Rent Lump Sum Payment by the Lump Sum Payment Date or the financing or sale transaction for the Building, if applicable, expires or is terminated or deemed null and void for any reason, Landlord’s exercise of the Lump Sum Payment Option shall be deemed null and void and of no further force or effect and the Abated Rent Lump Sum Payment, if theretofore paid by Landlord to Tenant, shall promptly be returned by Tenant to Landlord. If Landlord’s Lump Sum Payment Notice is effective on a day other than the first day of a calendar month and Landlord has then paid the Abated Rent Lump Sum Payment, then Tenant shall pay any Base Monthly Rent payable hereunder for the period from Landlord’s Lump Sum Payment Option Notice the Base Monthly Rent Start Date through the last day of the such calendar monthmonth (less any amounts paid previously paid by Tenant on account of such period), with the next installment of Base Monthly Rent due for the calendar month following calendar month. Building Gthe month in which such Lump Sum Payment Notice is effective.
(cb) If Landlord exercises its Lump Sum Payment Option in accordance with the above paragraph, Landlord shall prepare an amendment in the form of Exhibit F E attached hereto and made a part hereof (the “Lump Sum Payment Amendment”) that documents the effect of Landlord’s exercise of the Lump Sum Payment Option and sets forth a revised rent schedule reflecting Tenant’s payment of the Base Monthly Rent for the remaining Base Rent Abatement Period following the Lump Sum Payment Option Notice. A copy of the Lump Sum Payment Amendment shall be sent to Tenant and Tenant shall execute and return the Lump Sum Payment Amendment to Landlord within ten (10) business days thereafter, but Landlord’s otherwise valid exercise of the Lump Sum Payment Option shall be fully effective whether or not the Lump Sum Payment Amendment is executed.
Appears in 1 contract
Base Monthly Rent. (a) Commencing on the Lease Commencement Date (as determined pursuant to Paragraph 2.3 above) and continuing throughout the Lease Term, Tenant shall pay to Landlord, without prior demand therefor, in advance on the first day of each calendar month, cash or other immediately available good funds in the amount set forth as Base Monthly Rent in Article 1.
(b) Base Monthly Rent is not payable during the first twenty-eight nine (289) months of the Lease Term (the “Rent Abatement Period”). Notwithstanding anything to the contrary contained in this Lease, Landlord shall have the option (the “Lump Sum Payment Option”) to require Tenant to pay Base Monthly Rent for so much of the Rent Abatement Period as remains following Landlord’s notice as hereinafter provided at the rate set forth in the Lump Sum Payment Amendment defined belowof $101,850.90 per month, beginning on the date (the “Base Monthly Rent Start Date”) set forth in the Lump Sum Payment Option Notice (defined below), which shall in no event be a date prior to payment to Tenant of the Abated Rent Lump Sum Payment. To exercise the Lump Sum Payment Option, Landlord must (i) provide written notice to Tenant of such exercise (the “Lump Sum Payment Option Notice”) and (ii) pay to Tenant the Base Monthly Rent that would be payable for the remaining Rent Abatement Period (the “Abated Rent Lump Sum Payment”). If Landlord elects its Lump Sum Payment Option, the Abated Rent Lump Sum Payment shall be made, at Landlord’s election (a) within thirty (30) days of Tenant’s receipt of the Lump Sum Payment Option Notice, or (b) on the closing date of any financing or sale of the Building by Landlord (the date of such payment is hereinafter referred to as the “Lump Sum Payment Date”). If Landlord fails to pay the Abated Rent Lump Sum Payment by the Lump Sum Payment Date or the financing or sale transaction for the Building, if applicable, expires or is terminated or deemed null and void for any reason, Landlord’s exercise of the Lump Sum Payment Option shall be deemed null and void and of no further force or effect and the Abated Rent Lump Sum Payment, if theretofore paid by Landlord to Tenant, shall promptly be returned by Tenant to Landlord. If Landlord’s Lump Sum Payment Notice is effective on a day other than the first day of a calendar month and Landlord has then paid the Abated Rent Lump Sum Payment, then Tenant shall pay any Base Monthly Rent payable hereunder for the period from Landlord’s Lump Sum Payment Option Notice through the last day of the calendar month, with the next installment of Base Monthly Rent due for the following calendar month. Building G.
(c) If Landlord exercises its Lump Sum Payment Option in accordance with the above paragraph, Landlord shall prepare an amendment in the form of Exhibit F G attached hereto (the “Lump Sum Payment Amendment”) that documents the effect of Landlord’s exercise of the Lump Sum Payment Option and sets forth a revised rent schedule reflecting Tenant’s payment of the Base Monthly Rent for the remaining Rent Abatement Period following the Lump Sum Payment Option Notice. A copy of the Lump Sum Payment Amendment shall be sent to Tenant and Tenant shall execute and return the Lump Sum Payment Amendment to Landlord within ten (10) business days thereafter, but Landlord’s otherwise valid exercise of the Lump Sum Payment Option shall be fully effective whether or not the Lump Sum Payment Amendment is executed.
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