Common use of Base Rent; Additional Rent Clause in Contracts

Base Rent; Additional Rent. (a) The Base Rent and Additional Rent specified in Section 1.1 hereof (collectively, the "Rent"), and any additional rent or other charges payable pursuant to this Sublease shall be payable by Sublessee to Sublessor at Sublessor's mailing address (or such other place as Sublessor may from time to time designate by notice to Sublessee). Sublessee shall have no obligation to pay Rent until the Rent Commencement Date specified in Section 1.1 occurs. (b) Rent shall be payable, in advance, on or before the twenty-fifth (25th) day of each and every calendar month during the term of this Sublease. (c) Rent for any partial month shall be paid by Sublessee to Sublessor at such rate on a pro rata basis. Other charges payable by Sublessee on a monthly basis, as hereinafter provided, shall likewise be prorated. All Rent and other amounts due under this Sublease shall be made without demand, offset or deduction. Sublessee shall be entitled to a fair and equitable share of all rent abatements set forth in the Prime Lease which Sublessor has been granted with respect to the Premises, except that Sublessee shall not be entitled to any share of any rent abatement granted to Sublessor or account of Taxes, since Sublessee has no obligation to make any payments hereunder on account of Taxes. Sublessee shall have the right to inspect Sublessor's books and records as they relate to Additional Rent, but not more frequently than once each year. Appropriate adjustments of estimated amounts shall be made between Sublessor and Sublessee promptly after the close of each calendar year to account for actual Additional Rent for such year. Sublessor shall credit any amount due from it to Sublessee as a result of any such adjustments against any sums then due from Sublessee to Sublessor under this Sublease. the balance of any amounts due shall be paid within twenty (20) days after written notice thereof.

Base Rent; Additional Rent. (a) The Base Rent and Additional Rent specified in Section 1.1 hereof (collectively, the "Rent"), and any additional rent or other charges payable pursuant to this Sublease shall be payable by Sublessee to Sublessor at Sublessor's mailing address (or such other place as Sublessor may from time to time designate by notice to Sublessee). Sublessee shall have no obligation to pay Rent until the Rent Commencement Date specified in Section 1.1 occurs. (b) Rent shall be payable, in advance, on or before the twenty-fifth (25th) day of each and every calendar month during the term of this Sublease. Sublessor shall promptly deliver to Sublessee (i) a copy of the year end statement of operating expenses that Sublessor receives from Prime Lessor as provided in Section 5.3 of the Prime Lease, and (ii) a copy of each tax xxxx received by Sublessor from Prime Lessor as provided in Section 5.4.3 of the Prime Lease. Promptly after Sublessor and Prime Lessor have made the appropriate adjustments between themselves on account of such actual operating expenses and real estate taxes, the amounts paid by Sublessee as Sublessee's Share of such estimated installments shall be adjusted between Sublessor and Sublessee. The parties obligations hereunder to make such adjustments shall survive the expiration or termination of this Sublease. (c) Rent for any partial month shall be paid by Sublessee to Sublessor at such rate on a pro rata prorata basis. Other charges payable by Sublessee on a monthly basis, as hereinafter provided, shall likewise be prorated. All Rent and other amounts due under this Sublease shall be made without demand, offset or deduction. Sublessee shall be entitled to a fair and equitable share of all rent abatements set forth in the Prime Lease which Sublessor has been granted with respect to the Premises, except that Sublessee shall not be entitled to any share of any rent abatement granted to Sublessor or account of Taxes, since Sublessee has no obligation to make any payments hereunder on account of Taxes. Sublessee shall have the right to inspect Sublessor's books and records as they relate to Additional Rent, but not more frequently than once each year. Appropriate adjustments of estimated amounts shall be made between Sublessor and Sublessee promptly after the close of each calendar year to account for actual Additional Rent for such year. Sublessor shall credit any amount due from it to Sublessee as a result of any such adjustments against any sums then due from Sublessee to Sublessor under this Sublease. the balance of any amounts due shall be paid within twenty (20) days after written notice thereof.

Base Rent; Additional Rent. 1. During the Term of this Sublease, Subtenant shall pay to Sublandlord as monthly rent for the Subleased Premises an amount equal to one-twelfth (a1/12th) The Base Rent and Additional Rent specified in Section 1.1 hereof of the product of (collectively, i) the "Rent"), and any additional rent or other charges payable pursuant to this Sublease shall be payable by Sublessee to Sublessor at Sublessor's mailing address (or such other place total rentable square feet within the Subleased Premises as Sublessor may it exists from time to time designate by notice hereunder, times (ii) an amount equal to SublesseeFive Dollars ($5.00) less than applicable “Annual Base Rent Per RSF” for the period in question as set forth in the Commencement Letter dated April 21, 2006 (a copy of which is included within Exhibit A) (the “Monthly Base Rent”). Sublessee Tenant shall have no obligation to also pay Rent until the Rent Commencement Date specified in Section 1.1 occurs. “Additional Rent” (b) Rent shall be payable, in advance, on or before the twenty-fifth (25th) day of each calculated and every calendar month during the term of this Sublease. (c) Rent for any partial month shall be paid by Sublessee to Sublessor at such rate on a pro rata basis. Other charges payable by Sublessee on a monthly basis, defined as hereinafter provided, shall likewise be prorated. All Rent and other amounts due under this Sublease shall be made without demand, offset or deduction. Sublessee shall be entitled to a fair and equitable share of all rent abatements set forth in the Prime Lease which Sublessor has been granted Lease) with respect to and based on the Premisesrentable square feet from time to time within the Subleased Premises relative to the aggregate rentable square feet within the Leased Premises (as defined above) (Monthly Base Rent, except that Sublessee shall not be entitled to any share of any rent abatement granted to Sublessor or account of Taxes, since Sublessee has no obligation to make any payments hereunder on account of Taxes. Sublessee shall have the right to inspect Sublessor's books and records as they relate to together with Additional Rent, but are referred to collectively as “Rent”). So long as Sublandlord is not more frequently than once each year. Appropriate adjustments of estimated amounts shall be made between Sublessor and Sublessee promptly after the close of each calendar year to account for actual Additional Rent for such year. Sublessor shall credit any amount due from it to Sublessee as a result of any such adjustments against any sums then due from Sublessee to Sublessor in default under this Sublease, Subtenant shall have no rights of offset, abatement or deduction for any reason, and shall have no right to prior notice or demand, with respect to payments of Rent to Sublandlord. Rent for any period during the balance of any amounts due Term hereof which is less than one month shall be paid within twenty (20) prorated for such month. Sublandlord and Subtenant agree to prorate any accrued and unpaid expenses and any prepaid expenses, based on the number of days after written notice thereofSublandlord and Subtenant, respectively, have a right to occupy the Subleased Premises. Subtenant does not assume any liability or obligation of Sublandlord arising under the Prime Lease prior to the Effective Date.

Base Rent; Additional Rent. (a) The Base Rent and Additional Rent specified in Section 1.1 hereof (collectivelyExcept as specifically provided below, the "Rent")Tenant shall pay to North Atlanta Realty Acquisition Company, and any additional rent or other charges payable pursuant to this Sublease shall be payable by Sublessee to Sublessor at Sublessor's mailing address (or such other place as Sublessor may from time to time designate by notice to Sublessee). Sublessee shall have no obligation to pay Rent until the Rent Commencement Date specified in Section 1.1 occurs. (b) Rent shall be payableInc., in advanceCollection Account, on or before the twentyc/o Insignia/ESG, Inc., P. O. Xxx 000000, Xxxxxxx, Xxxxxxx 00000-fifth (25th) day of each and every calendar month during the term of this Sublease. (c) Rent for any partial month shall be paid by Sublessee to Sublessor at such rate on a pro rata basis. Other charges payable by Sublessee on a monthly basis0000, as hereinafter providedwithout notice, shall likewise be prorated. All Rent and other amounts due under this Sublease shall be made without demand, offset or deduction. Sublessee shall be entitled to a fair and equitable share , in lawful money of all rent abatements the United States of America, at Landlord's address for payments as set forth in Paragraph 25 hereof, or at such other place as Landlord shall designate in writing from time to time: (i) the Prime Base Rent, in equal monthly installments in advance on the first day of each calendar month during the Term; and (ii) the additional rent consisting of those sums of money due and payable, if any, by Tenant under Paragraph 3(b) and elsewhere under this Lease ("Additional Rent"). If either the Commencement Date or the Expiration Date falls on a date other than the first or last day of a calendar month, the Rent shall be prorated on 3 a per diem basis based upon the actual number of days leased in such month. (b) Tenant shall pay to Landlord, as Additional Rent, at the same time as the monthly installment of Base Rent is paid, an amount equal to one-twelfth (1/12th) of Landlord's estimate (as determined by Landlord in its sole discretion) of Tenant's Share of any projected increase in Operating Expenses for the particular calendar year in excess of the Operating Expense Base (the "Estimated Escalation Increase"). If, for any reason, Landlord has not provided Tenant with Estimated Escalation Increase Statement ("Estimated Escalation Increase Statement") on or before the first day of any year during the Term, then, (i) until the first day of the calendar month following the month in which Sublessor has been granted Tenant is given the Estimated Escalation Increase Statement, Tenant shall continue to pay to Landlord on the first day of each calendar month the sum, if any, payable by Tenant under this Paragraph for the month of December of the preceding year. Within nine (9) months after January 1 of each year during the Term, or as soon thereafter as is practicable, Landlord shall furnish Tenant with a statement of the actual Operating Expenses for the preceding year and the actual amount of Tenant's Share of any increase in Operating Expenses in excess of the Operating Expense Base ("Revised Escalation Statement"). Thereafter, Landlord shall be entitled, if circumstances warrant, to issue revised, corrected or supplemental statements at any time and from time to time following the issuance of the initial Estimated Escalation Increase Statement. Within ten (10) days after Landlord's delivery of such Revised Escalation Statement, Tenant shall make a lump sum payment to Landlord in the amount, if any, by which Tenant's Share of the increase in the Operating Expenses for the preceding calendar year in excess of the Operating Expense Base, as shown on such Revised Escalation Statement, exceeds the aggregate of the monthly installments of Tenant's payments of the Estimated Escalation Increase paid during such preceding year. If Tenant's Share of the actual increase in Operating Expenses, as shown on such Revised Escalation Statement, is less than the aggregate of the monthly installments of the Estimated Escalation Increase actually paid by Tenant during such preceding year, then Landlord shall apply such amount to the next accruing installments of Additional Rent due from Tenant under this Paragraph 3 until fully credited to Tenant. Landlord's rendering or failure to render any Revised Escalation Statement with respect to the Premises, except that Sublessee any calendar year shall not be entitled prejudice Landlord's right thereafter to any share of any rent abatement granted to Sublessor or account of Taxes, since Sublessee has no obligation to make any payments hereunder on account of Taxesrender a Revised Escalation Statement. Sublessee shall have the right to inspect Sublessor's books and records as they relate to Additional Rent, but not more frequently than once each year. Appropriate adjustments of estimated amounts Any Revised Escalation Statement shall be made between Sublessor conclusively binding upon Tenant unless Tenant shall send written notice to Landlord objecting to and Sublessee promptly after specifying, to the close of each calendar year to account for actual Additional Rent for such year. Sublessor shall credit any amount due from it to Sublessee as a result of any such adjustments against any sums then due from Sublessee to Sublessor under this Sublease. extent reasonably practicable, the balance of any amounts due shall be paid respects in which the Revised Escalation Statement is disputed within twenty thirty (2030) days after written notice thereofsuch Revised Escalation Statement is sent in the manner described in Subparagraph 3(i) below. Pending the resolution of any dispute concerning a Revised Escalation Statement, Tenant shall pay to Landlord the amounts shown on the Revised Escalation Statement when due.

Base Rent; Additional Rent. (a) The Base Rent and Additional Rent specified Tenant shall pay in Section 1.1 hereof (collectivelyadvance to CORNERS REALTY CORPORATION, the "Rent")INC., and any additional rent P. O. Xxx 000000, Xxxxxxx, Xxxxxxx 000000-0000, or other charges payable pursuant to this Sublease shall be payable by Sublessee to Sublessor at Sublessor's mailing address (or such other place as Sublessor may Landlord shall designate in writing, promptly, without notice, demand, offset or deduction, in lawful money of the United States of America on the first day of each calendar month during the Term: (i) the Base Rent as set forth in Paragraph 1(1) in equal installments in advance of the first day of each calendar month of the Term; and (ii) the additional rent ("Additional Rent") consisting of all other sums of money as shall become due from time to time designate and be payable by notice to SublesseeTenant under this Lease including, but not limited to, those described in Subparagraph 3(b) below (for default in the payment of which Landlord shall have the same remedies as for a default in the payment of Base Rent). Sublessee If the Term commences on a day other than the first day of a month, or terminates on a day other than the last day of a month, the Base Rent for the first and last partial month shall have no obligation to pay Rent until be prorated based upon the Rent Commencement Date specified actual number of days leased in Section 1.1 occurssuch month. (b) Beginning June 1, 2003, Tenant shall pay to Landlord, as Additional Rent, at the same time as the monthly installment of Base Rent shall be payableis paid, an amount equal to one-twelfth (1/12th) of Landlord's estimate (as determined by Landlord in advanceits sole discretion) of Tenant's Share of ay projected increase in Operating Expenses for the particular calendar year in excess of the operating Expense Base (the "Estimated Escalation Increase"). If, for any reason, Landlord has not provided Tenant with an Estimated Escalation Increase Statement ("Estimated Escalation Increase Statement") on or before the twenty-fifth first day of any year during the Term, then, (25thi) until the first day of the calendar month following the month in which Tenant is given the Estimated Escalation Increase Statement, Tenant shall continue to pay to Landlord on the first day of each and every calendar month the sum, if any, payable by Tenant under this Paragraph for the month of December of the preceding year. Within nine (9) months after January 1 of each year during the term Term, or as soon thereafter as is practicable, Landlord shall furnish Tenant with a statement of the actual Operating Expenses for the preceding year and the actual amount of Tenant's Share of any increase in Operating Expenses in excess of the operating Expense Base ("Revised Escalation Statement"). Thereafter, Landlord shall be entitled, if circumstances warrant, to issue revised, corrected or supplemental statements at any time and from time to time following the issuance of the initial statement. Within ten (10) days after Landlord's delivery of such Revised Escalation Statement, Tenant shall make a lump sum payment to Landlord in the amount, if any, by which Tenant's Share of the increase in the Operating Expenses for the preceding calendar year in excess of the Operating Expense Base, as shown on such Revised Escalation Statement, exceeds the aggregate of the monthly installments of Tenant's payments of the Estimated Escalation Increase paid during such preceding year. If Tenant's Share of the actual increase in operating Expenses, as shown on such Revised Escalation Statement, is less than the aggregate of the monthly installments of the Estimated Escalation Increase actually paid by Tenant during such preceding year, then Landlord shall apply such amount to the next accruing installments of Additional Rent due from Tenant under this SubleaseParagraph 3 until fully credited to Tenant. Landlord's rendering or failure to render any Revised Escalation Statement with respect to any calendar year shall not prejudice Landlord's right thereafter to render a Revised Escalation Statement. Any Revised Escalation Statement shall be conclusively binding upon Tenant unless Tenant shall send written notice to Landlord objecting to and specifying, to the extent reasonably practicable, the respects in which the Revised Escalation Statement is disputed, within thirty (30) days after such Revised Escalation Statement is sent. Pending the resolution of any dispute concerning a Revised Escalation Statement, Tenant shall pay to Landlord the amounts shown on the Revised Escalation Statement when due. (c) Rent For the purposes of this Lease, the term "Operating Expenses" shall mean all expenses and disbursements of every kind (subject to the limitations set forth below) which Landlord incurs, pays or becomes obligated to pay in connection with the ownership, operation and maintenance of the Building and the Park, determined in accordance with generally accepted accounting principles consistently applied, including but not limited to the following: (i) wages and salaries of all employees engaged in the operation, repair, replacement, maintenance and security of the Building, including taxes, insurance, bonuses, pension and benefits relating thereto; (ii) Social Security, unemployment and other payroll taxes, the cost of providing disability and worker's compensation coverage imposed by any requirement, union contract or otherwise of such employees; (iii) all supplies and materials whether purchased or rented, used in the operation, maintenance, repair, replacement and security of the Building, excluding supplies and materials used in the upfit allowance granted to Tenant in Subparagraph 1(s) above; (iv) all expenditures, whether by purchase or lease, made for the Building or Park for the intended purpose of (A) making the building or Park more energy efficient, (B) reducing Operating Expenses, (C) enhancing the health, safety or welfare of the tenants, (D) improving telecommunications, (E) ensuring that no Building System is interrupted by the year 2000 data processing issue, or (F) complying with all applicable laws, rules, ordinances and codes as may be promulgated by any partial month governmental authority enacted after the date of this Lease, the total cost of which is not generally includable in Operating Expenses for the operating year in which they were made shall nevertheless be included in such Operating Expenses for the operating year in which it was made and in Operating Expenses for each succeeding operating year, and such annual expense shall be paid determined by Sublessee to Sublessor dividing the original capital expenditure, plus an interest factor computed at the Applicable Rate (as defined below) in effect as the time Landlord made the expenditure, by the number of years of useful life of the expenditure (the useful life being determined by Landlord in accordance with generally accepted accounting principles and practices in effect at the time of such rate on a pro rata basis. Other charges payable by Sublessee on a monthly basisexpenditure); (v) all gas, as hereinafter providedoil, shall likewise be prorated. All Rent steam, electricity, water, sewer rental, HVAC and other amounts due under this Sublease shall be made without demandutilities, offset other than the cost of utilities directly reimbursed to Landlord (i.e., through submeters or deduction. Sublessee shall be entitled to a fair and equitable share of comparable devices) by the Building's tenants; (vi) all rent abatements set forth in the Prime Lease which Sublessor has been granted with respect insurance costs (including deductibles) applicable to the PremisesPark and Landlord's personal property used in connection therewith, except that Sublessee shall not be entitled to any share of any rent abatement granted to Sublessor or account of Taxes, since Sublessee has no obligation to make any payments hereunder on account of Taxes. Sublessee shall have the right to inspect Sublessor's books and records as they relate to Additional Rent, including but not more frequently than once each year. Appropriate adjustments limited to casualty, liability, workers' compensation and rent insurance; (vii) all taxes and assessments and governmental charges whether federal, state, county or municipal, and whether they be by taxing or management districts or authorities presently taxing or by others, subsequently created or otherwise, and any other taxes and assessments attributable to the Building, equipment and facilities, Land and Common Areas of estimated amounts the Park (or their operation), excluding, however, federal and state taxes on income (collectively, "Taxes"), and all expenses, including fees and disbursements incurred by Landlord in contesting the validity or amount of Taxes or in obtaining a refund of Taxes shall be made between Sublessor and Sublessee promptly after the close of each calendar year to account for actual Additional Rent for such year. Sublessor shall credit any amount due from it to Sublessee as a result of any such adjustments against any sums then due from Sublessee to Sublessor under this Sublease. the balance of any amounts due shall be paid within twenty (20) days after written notice thereof.be

Base Rent; Additional Rent. (a) 6.1.1 The Base Rent and Additional Rent specified in Section 1.1 hereof (collectively, the "“Rent"”), and any additional rent or other charges payable pursuant to this Sublease shall be payable by Sublessee to Sublessor at Sublessor's mailing address the Mailing Address of Sublessor set forth in Section 1.1 (or such other place as Sublessor may from time to time designate by notice to Sublessee). Additional Rent will be payable at the same time as the corresponding Additional Rent payments under the Prime Lease. Sublessor will provide copies of any statements received from Prime Lessor relating to any of Building Taxes, Building Insurance Costs, and Building Operating Costs or Project Taxes, Project Insurance Costs and Project Operating Costs, and will request additional information from Prime Lessor in support of such statements if reasonably requested by Sublessee. The parties acknowledge and agree that the obligations owing by Sublessee shall have no obligation to pay Rent until under this Section are rent reserved under this Sublease, for all purposes hereunder, and are rent reserved within the Rent Commencement Date specified in meaning of Section 1.1 occurs502(b)(6) of the Bankruptcy Code or any successor provisions thereto. (b) 6.1.2 Rent shall be payable, in advance, on or before the twenty-fifth first (25th1st) day of each and every calendar month during the term of this Sublease; provided that Sublessee, not more than once per any twelve (12) month period, will not be in default under this Sublease unless it fails to make any Rent payment for more than three (3) days after it receives written notice that any payment of Rent is past due. Promptly (but in no event more than thirty (30) days) after Sublessor and Prime Lessor have made the appropriate adjustments between themselves on account of such actual operating expenses and real estate taxes, the amounts paid by Sublessee as Sublessee’s Share of such estimated installments (as set forth in Section 1.1) shall be adjusted between Sublessor and Sublessee. The parties’ obligations hereunder to make such adjustments shall survive the expiration or termination of this Sublease. Notwithstanding anything in this Section 6.1.2 to the contrary, in the event that Sublessor receives from Prime Lessor written demand for any owed Project Taxes, Project Insurance Costs, Project Operating Costs, Building Taxes, Building Insurance Costs, or Building Operating Costs pursuant to Article IV of the Prime Lease, Sublessee shall pay Sublessee’s Share thereof within thirty (30) days of written demand by Sublessor. (c) 6.1.3 Rent for any partial month shall be paid by Sublessee to Sublessor at such rate on a pro rata basis. Other charges payable by Sublessee on a monthly basis. 6.1.4 Except as expressly provided in this Sublease, as hereinafter provided, shall likewise be prorated. All all Rent and other amounts due under this Sublease shall be made without demand, offset or deduction. Sublessee shall be entitled to a fair and equitable share of all rent abatements set forth in the Prime Lease Lease, if any, which Sublessor has been granted with respect to the Premises, except that Sublessee shall not be entitled to any share of any rent abatement granted to Sublessor or account of Taxes, since Sublessee has no obligation to make any payments hereunder on account of Taxes. Sublessee shall have the right to inspect Sublessor's books and records as they relate to Additional Rent, but not more frequently than once each year. Appropriate adjustments of estimated amounts shall be made between Sublessor and Sublessee promptly after the close of each calendar year to account for actual Additional Rent for such year. Sublessor shall credit any amount due from it to Sublessee as a result of any such adjustments against any sums then due from Sublessee to Sublessor under this Sublease. the balance of any amounts due shall be paid within twenty (20) days after written notice thereof.

Base Rent; Additional Rent. (a) The Base Tenant shall pay all Rent to Landlord, without prior notice or demand and Additional Rent specified without offset, deduction or counterclaim whatsoever, in Section 1.1 hereof (collectivelythe amounts, at the "Rent")rates and times set forth herein, and any additional rent at such place as is provided in Basic Lease Information, or other charges payable pursuant to this Sublease shall be payable by Sublessee to Sublessor at Sublessor's mailing address (or such other place as Sublessor Landlord may from time to time designate by notice to Sublessee). Sublessee shall have no obligation to pay Rent until the Rent Commencement Date specified in Section 1.1 occursTenant. (b) Tenant shall pay Landlord the Annual Base Rent shall be payablein equal monthly installments, in advance, commencing on or before the twenty-fifth (25th) Rent Commencement Date, and on the first day of each and every calendar month during thereafter throughout the term Term. Advance Rent shall be paid upon the signing of this Sublease.Lease, and shall be applied towards the first installment of Base Rent coming due under the Lease. ​ (c) For any portion of a calendar month at the beginning of the Term, Tenant shall pay in advance the pro-rated amount of the Rent for each day included in such portion of the month. ​ (d) If Tenant fails to make any partial month payment of Rent within five (5) days from the date the same becomes due and payable, such unpaid amount of Rent shall be paid bear interest at the lesser of (i) the rate of eighteen (18%) percent per annum and (ii) the maximum rate permitted by Sublessee law (the lesser of those two rates, the “Default Rate”) from the date such payment of Rent became due and payable to Sublessor at the date of the ​ ​ payment thereof by Tenant including any judgment thereon. In addition, if Tenant fails to make any payment of Rent within five (5) days after the same becomes due and payable, Tenant shall also pay to Landlord a late payment charge equal to five percent (5%) of the amount of such rate on a pro rata basisRent. Other charges payable No payment by Sublessee on a monthly basis, as hereinafter provided, Tenant of any interest or late payment charge shall likewise be prorated. All Rent and relieve Tenant from the obligation to make the late payment in question or any other amounts payments due under this Sublease Section 3 or any other provision of this Lease. Such interest and late payment charge shall be made without demanddue and payable with the next monthly installment of Base Rent. If Landlord does not bill Tenant for such interest or such late payment charge at the time of their respective accruals, offset or deduction. Sublessee shall be entitled to a fair and equitable share of all rent abatements set forth in the Prime Lease which Sublessor has been granted with respect to the Premises, except that Sublessee such fact shall not be entitled deemed a waiver by Landlord of its right to accumulate such interest and late payment charges and to invoice Tenant on a periodic basis, nor shall Landlord be deemed to waive its right to such interest and late payment charges or to any share other amount owed or which becomes payable to it hereunder by Landlord’s acceptance of any rent abatement granted to Sublessor payment from, or account of Taxesby Landlord’s furnishing services to, since Sublessee has no obligation to make any payments hereunder on account of Taxesa party other than Tenant. Sublessee shall have the right to inspect Sublessor's books and records as they relate to Additional Rent, but not more frequently than once each year. Appropriate adjustments of estimated amounts shall be made between Sublessor and Sublessee promptly after the close of each calendar year to account for actual Additional Rent for such year. Sublessor shall credit any amount due from it to Sublessee as a result of any such adjustments against any sums then due from Sublessee to Sublessor under this Sublease. the balance of any amounts due shall be paid within twenty (20) days after written notice thereof.​

Base Rent; Additional Rent. (a) The 5.1 Commencing upon the Rent Commencement Date, and thereafter during the Term, Tenant shall pay to Landlord the monthly Base Rent and Additional Rent specified in Section 1.1 hereof (collectivelyArticle 1 on or before the first day of each month, in advance, at the "Rent")address specified for payment of rent in Article 1, and any additional rent or other charges payable pursuant to this Sublease shall be payable by Sublessee to Sublessor at Sublessor's mailing address (or such other place as Sublessor may from time to time designate by notice to Sublessee)Landlord shall designate, without any prior demand therefor and without any deductions or setoff whatsoever. Sublessee shall have no obligation to pay Rent until If the Rent Commencement Date specified occurs on a day other than the first day of a calendar month, or the Termination Date occurs on a day other than the last day of a calendar month, then the Base Rent for such fractional month will be prorated on the basis of a thirty-day month. The Rentable Area of the Premises shall be certified by the Base Building Architect upon Substantial Completion of the Base Building Work. Tenant may dispute the determination of the Rentable Area by written notice to Landlord given not later than five business days after receipt of notice from Landlord of the Base Building Architect's determination of the Rentable Area. In the event Tenant elects to dispute the determination, Tenant shall, at Tenant's expense, engage an independent architect, approved by Landlord in Section 1.1 occursits reasonable discretion, who shall determine the Rentable Area of the Premises. Upon such determination, Landlord will deliver to Tenant a notice substantially in the form of attached Exhibit E stating the Base Rent based upon the Rentable Area and attaching the certificate executed by the Base Building Architect, or the independent architect approved by Landlord, as applicable, stating the Rentable Area. 5.2 On each twelve month anniversary of the Rent Commencement Date, including during any Renewal Term (b) each, an "ADJUSTMENT DATE"), the Base Rent shall be payable, in advance, on or before increased by 2.5% over the twenty-fifth (25th) day of each and every calendar Base Rent for the immediately preceding twelve month during the term of this Subleaseperiod. (c) Rent for any partial month 5.3 Tenant shall be paid by Sublessee pay to Sublessor at such rate on a pro rata basis. Other Landlord all charges payable by Sublessee on a monthly basis, as hereinafter provided, shall likewise be prorated. All Rent and other amounts due required under this Sublease Lease as additional rent ("ADDITIONAL RENT") including without limitation the charges for Real Estate Taxes pursuant to Article 6 and insurance maintained by Landlord pursuant to Section 21. All such Additional Rent shall be made without demand, offset or deductionpayable to Landlord at the place where the Base Rent is payable. Sublessee shall be entitled to Landlord will have the same remedies for a fair and equitable share of all rent abatements set forth default in the Prime Lease which Sublessor has been granted with respect to the Premises, except that Sublessee shall not be entitled to any share payment of any rent abatement granted Additional Rent as for a default in the payment of Base Rent. 5.4 Any unpaid Base Rent or Additional Rent hereunder shall bear interest from the date due until paid at the Interest Rate. In addition, Tenant recognizes that late payment of any Base Rent or Additional Rent due hereunder will result in administrative expense to Sublessor Landlord, the extent of which expense is difficult and economically impracticable to determine. Therefore, Tenant agrees that if Tenant fails to pay any Base Rent or account of Taxes, since Sublessee has no obligation to make any payments hereunder on account of Taxes. Sublessee shall have the right to inspect Sublessor's books and records as they relate to Additional Rent, but not more frequently than once each year. Appropriate adjustments of estimated amounts shall be made between Sublessor and Sublessee promptly Rent within five (5) business days after the close date the same is due and payable, an additional late charge of each calendar year to account for actual Additional Rent for such year. Sublessor five percent (5%) of the sums so overdue shall credit any amount due from it to Sublessee as a result of any such adjustments against any sums then due from Sublessee to Sublessor under this Sublease. the balance of any amounts due shall be paid within twenty (20) days after written notice thereof.become