Common use of Base Rent and Additional Rent Clause in Contracts

Base Rent and Additional Rent. 2.1.1 Tenant shall pay to Landlord, without notice or demand and without deduction or set-off of any amount for any reason whatsoever, the annual Base Rent in equal monthly payments on or before the first day of each full calendar month during the Term. Base Rent as well as any other amounts payable by Tenant to Landlord under the terms of this Lease shall be paid by wire or electronic transfer of funds pursuant to directions provided to Tenant by Landlord. In addition to Base Rent, Tenant shall pay to Landlord a property management fee (“Management Fee”) of one percent 1%) of the gross annual revenue form the Premises, which amount shall be paid in equal monthly payments on the same date and in the same manner as Base Rent. 2.1.2 If the Commencement Date is not the first day of a calendar month, Tenant shall pay to Landlord on the Commencement Date the prorated Base Rent for period from the Commencement Date until the end of the calendar month in which the Commencement Date occurs. Base Rent due for any partial calendar month at the end of the Term shall also be prorated and paid on the first day of such calendar month. Tenant shall pay to Landlord all items of Rent (as defined below), without deduction or offset and without notice or demand (except as specifically provided in this Lease in respect of Additional Rent (as defined below)), and Tenant shall deliver such payments to the payment address set forth in the Basic Lease Information, or to such other person, at such other place, or in such other manner as Landlord may designate by giving to Tenant Notice (as defined below) thereof. “Additional Rent” means all other amounts payable by Tenant to Landlord in accordance with this Lease, other than Base Rent. “Rent” means all amounts payable by Tenant to Landlord in accordance with this Lease, including, but not limited to Base Rent and Additional Rent.

Base Rent and Additional Rent. 2.1.1 Tenant shall pay (a) Subject only to Landlord, without notice or demand the adjustments and without deduction or set-off of any amount for any reason whatsoever, the annual Base Rent credits expressly set forth in equal monthly payments on or before the first day of each full calendar month during the Term. Base Rent as well as any other amounts payable by Tenant to Landlord under the terms Section 2 of this Lease shall be paid by wire or electronic transfer of funds pursuant to directions provided to Tenant by Landlord. In addition to Base RentAgreement, Tenant shall pay to Landlord for the Premises the annual amount as base rent ("Base Rent") for each Lease Year indicated On Exhibit F attached hereto and made a property management fee (“Management Fee”) part hereof. Tenant shall pay each monthly installment of one percent 1%) of the gross annual revenue form the Premises, which amount shall be paid Base Rent in equal monthly payments advance on the same date and in first day of each month during the same manner as Term, with the first installment of Base Rent. 2.1.2 Rent being due on the Commencement Date. If the Commencement Date is not occurs on a day other than the first day of a calendar monthmonth and if the obligation to commence paying Base Rent does not arise earlier in accordance with the terms of Section 2(b) or 2(c), Tenant shall pay to Landlord on the Base Rent for the month in which the Commencement Date occurs will be equal to the prorated Base Rent for monthly installment amount specified above multiplied by a fraction, the numerator of which is the number of days in the period from between the Commencement Date until and the end last day of that month, and the denominator of which is the total number of days in that month. Under no circumstances shall the Base Rent payable hereunder be abated for any period unless otherwise specifically provided in this Agreement. If any payment required of Tenant under this Agreement is not paid when due, Landlord may charge Tenant a fee equal to five percent (5%) of the delinquent payment to reimburse. Landlord for its cost and inconvenience incurred as a consequence of Tenant's delinquency; provided, however, that Tenant may have one late payment per Lease Year without incurring such charge in the event the actual payment is received by Landlord on or before the 111Th (5th) day of the month in which it is due following written notice from Landlord that such amount is past due. (b) If a termination of this Agreement occurs prior to the last day of the Term (the "Expiration Date") for reasons other than Tenant's default and if the effective date of termination is other than the last day of a calendar month, the parties will pro rate the Base Rent payable with respect to the calendar month in which the effective date of termination occurs based on the number of days in that month, and Landlord shall promptly refund to Tenant, to the extent Tenant is not then in default under this Agreement, any previously paid Base Rent attributable to any period of time following the termination date. (c) Tenant will pay, prior to the date such taxes are delinquent, all real estate taxes and installments of special assessments levied against the Premises and attributable to any period of time included within the Term (the "Impositions"). Except for any installment of assessments owed by Tenant at the termination of this Agreement which shall be paid in proportion to the then remaining term at the time of termination, Tenant shall have the right to make assessment payments in amounts and in proportions as permitted by applicable law. Landlord agrees to designate Tenant as the party to receive all real estate tax bills for the Premises. Upon Tenant's receipt of a paid receipt that the taxing authority issues and that demonstrates the payment of that Imposition, Tenant shall deliver to Landlord a copy of the receipt. In the event Tenant fails to timely pay such Imposition, Tenant must pay all interest and penalties that accrue in respect of that Imposition. The foregoing will not require Tenant to pay any municipal, state or federal income or excess profits taxes assessed against Landlord, any municipal, state or federal capital levy, estate, succession, inheritance or transfer taxes of Landlord, or any franchise tax unless such franchise tax has been enacted or modified to replace, in whole or in part, ad valorem taxes. With respect to the Impositions levied in respect of any period of time within which either the Commencement Date or the Expiration Date occurs. Base Rent due for any partial calendar month at , Tenant must only pay a proportionate part of those Impositions, which part will bear the same ratio to the total amount of those Impositions as the number of days in the period between the Commencement Date and the end of that period of time or in the Term period between the beginning of that period of time and the Expiration Date, whichever is applicable, bears to the total number of days in that period of time, Any Impositions owed by Tenant at the termination of this Agreement shall also be prorated payable in full to Landlord at the time of termination, and paid if current taxes are not known at the time of termination, such amount shall be determined based on the first day of such calendar monthtaxes assess for the preceding year. Tenant shall pay have the right to contest and is entitled to recover from Landlord any refund paid to Landlord as a result of a successful contest of such Imposition by Tenant, provided, however, Landlord shall be entitled to retain from such refund, rebate or credit any reasonable unreimbursed expenses it has incurred by virtue of Tenant's contest. If Tenant contests any Imposition in a manner which results in a lien or other encumbrance being assessed or affixed upon the Premises at any time, Tenant shall take reasonable steps to protect Landlord against any liens arising therefrom. Tenant may request Landlord to join in any contest Tenant undertakes in accordance with the foregoing if the provisions of any law, rule or regulation at the time in effect require that the proceedings be brought by or in the name of Landlord, and the expense of same to Landlord, including but not limited to the reasonable fees and costs of Landlord's attorneys and experts, shall be borne by Tenant, Landlord agrees to take reasonable steps to cooperate with Tenant, at Tenant's expense, in connection with any contest of Impositions undertaken by Tenant. Landlord agrees to pass on to Tenant all items tax incentives (i.e., tax rebates, credits, refunds) obtained by Landlord or Tenant in connection with the Land and Building and to the extent permitted by law shall assign such incentives to Tenant upon the condition that. such incentives shall revert to Landlord in the event this Agreement is terminated for any reason expressly permitted herein. The parties agree that in such event such reversion to Landlord shall occur without the necessity of Rent any further action by Landlord. Landlord agrees not to take affirmative actions that cause the loss of any tax incentives from any taxing authority. (d) Tenant shall also pay, as defined below)additional rent, without deduction or offset all costs and without notice or expenses, including but not limited to penalties and interest, paid by Landlord to any third party on Tenant's behalf which are attributable to obligations owing by Tenant under this Agreement, for which such additional charge was imposed by virtue of late receipt of Tenant's payment, including but not limited to real estate taxes. Such costs and expenses, which will include an administration fee of two percent (2%) of Landlord's out-of- pocket expenditures shall be due and payable by Tenant upon its receipt of written demand (except as specifically provided from Landlord. These costs and expenses shall also constitute "Impositions," and the proration and payment date described in Section 4(c) above shall also apply to the Impositions referenced in this Lease in respect of Additional Section 4(d). (e) Tenant wilt pay Base Rent (as defined below)), and Tenant shall deliver such payments additionxx xent to Landlord at the payment address set forth in the Basic Lease Information, Section 33Q) or to such other person, at such other place, or in such other manner address as Landlord may designate by giving from time to Tenant Notice (as defined below) thereoftime designate. “Additional Rent” means all Tenant's obligation to pay rent and any other amounts payable by Tenant to Landlord in accordance with under this Leaseterms of this Lease shall not be deemed satisfied until such rent and other amounts have been actually received by Landlord, other than In addition to Base Rent. “Rent” means Rent due hereunder, all amounts payable by Tenant to sums of money and all payments due Landlord in accordance with under this LeaseAgreement, including, but not limited without limitation, monies owed to Base Rent and Additional RentLandlord by Tenant for reimbursement of Landlord's costs in performing any obligations of Tenant hereunder, shall be deemed to be additional rent owed to Landlord by Tenant.

Base Rent and Additional Rent. 2.1.1 Tenant shall pay to Landlord, without notice or demand and without deduction or set-off of any amount for any reason whatsoever, the annual Base Rent in equal monthly payments payments, in advance, beginning on the Commencement Date, and thereafter on or before the first day of each full calendar month during the Term. Base Rent as well as any other amounts payable by Tenant to Landlord under the terms of this Lease shall be paid by wire or electronic transfer of funds pursuant to directions provided to Tenant by Landlord. In addition to Base Rent, Tenant shall pay to Landlord a property management fee (“Management Fee”) of one percent 1%) of the gross annual revenue form the Premises, which amount shall be paid in equal monthly payments on the same date and in the same manner as Base Rent. 2.1.2 No later than one hundred eighty (180) days after the Delivery Date, Landlord will provide written notice (the “Estimated Calculation Notice”) of Landlord’s calculation of the initial amount of Base Rent using a preliminary estimate of the Construction Costs, to the extent they are known at the time of the Estimated Calculation Notice. Until the Landlord provides the Final Calculation Notice (as defined below), commencing on the Commencement Date, Tenant shall pay the estimated annual Base Rent amount set forth in the Estimated Calculation Notice in equal monthly installments for the applicable month(s). On or before the date that is one hundred eighty (180) days after the date that the Tenant Improvements with respect to the Day 2 Space (as defined in the Work Letter) and the TI by Landlord are substantially completed Landlord will provide written notice (the “Final Calculation Notice”) of Landlord’s calculation of the initial amount of Base Rent using the final amount of Construction Costs. Tenant will pay any underpayment of Base Rent, and Landlord will credit to Xxxxxx’s account any overpayment of Base Rent, based upon the difference between the estimated Base Rent actually paid by Tenant and the amount of Base Rent set forth in the Final Calculation Notice. If the Commencement Date is not the first day of a calendar month, Tenant shall pay to Landlord on the Commencement Date the prorated Base Rent for period from the Commencement Date until the end of the calendar month in which the Commencement Date occurs. Base Rent due for any partial calendar month at the end of the Term shall also be prorated and paid on the first day of such calendar month. Tenant shall pay to Landlord all items of Rent (as defined below), without deduction or offset and without notice or demand (except as specifically provided in this Lease in respect of Additional Rent (as defined below)), and Tenant shall deliver such payments to the payment address set forth in the Basic Lease Information, or to such other person, at such other place, or in such other manner as Landlord may designate by giving to Tenant Notice (as defined below) thereof. “Additional Rent” means all other amounts payable by Tenant to Landlord in accordance with this Lease, other than Base Rent. “Rent” means all amounts payable by Tenant to Landlord in accordance with this Lease, including, but not limited to Base Rent and Additional Rent.