Common use of BASE RENT AND SECURITY DEPOSIT Clause in Contracts

BASE RENT AND SECURITY DEPOSIT. (a) Tenant agrees to pay to Landlord as rent the sum of One hundred eight thousand seven hundred twenty and no/100 Dollars ($108,720.00) subject to adjustment for early or delayed occupancy under the terms hereof. Such rent shall be payable in monthly amounts of One Thousand eight hundred twelve and no/100 Dollars ($1,812.00) each, in advance, without demand, deduction or offset (sometimes referred to in this Lease as the "Base Rent" or "Base Rental"). Such rental amounts shall be due and payable to Landlord in lawful money of the United States of America at the address shown below. An amount equal to one monthly Base Rental payment shall be due and payable on the date Tenant executes this lease and such amount shall be applied to the rent due for the first complete calendar month occurring after the Commencement Date, provided that if the Commencement Date should be a date other than the first day of a under this Lease. Upon the occurrence of any event of default by Tenant or breach by Tenant of its covenants under this Lease. Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, use, apply, or retain all or part of the security deposit for the payment of any rent or other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or for payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant default or breach, or to compensate Landlord for any damage, injury, expense or liability caused to Landlord by such default or breach. If any portion of the security deposit is so used or applied, Tenant shall, within five (5) days alter written demand therefor, deposit cash with Landlord in an amount sufficient to restore the security deposit to the amount required by this Paragraph. Tenant's failure to do so shall be a default under this Lease. The balance of the security deposit shall be returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations have been fulfilled.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Avanex Corp), Commercial Lease Agreement (Avanex Corp)

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BASE RENT AND SECURITY DEPOSIT. (a) Tenant agrees to shall pay to Landlord at Landlord’s address set out above, or at such other place as rent Landlord may designate in writing, the sum of One hundred eight thousand seven hundred twenty Ten Thousand Eight Hundred Thirty-Three Dollars and no/100 Dollars Thirty-Three Cents ($108,720.0010,833.33) subject to adjustment for early or delayed occupancy under per month (“the terms hereof. Such rent shall be payable in monthly amounts of One Thousand eight hundred twelve and no/100 Dollars ($1,812.00) each, in advance, without demand, deduction or offset (sometimes referred to in this Lease as the "Base Rent" or "Base Rental"). Such rental amounts shall be , due and payable to Landlord in lawful money of the United States of America at the address shown below. An amount equal to one monthly Base Rental payment shall be due and payable advance on the date Tenant executes this lease and such amount shall be applied to the rent due for or before the first complete calendar day of each and every month occurring after during the Commencement DatePrimary Term of this Lease; provided, provided that however, the first six (6) months of Base Rent and any partial Base Rent if the Commencement Date should be a date other than is not on the first day of a calendar month shall be paid at closing on the Commencement Date. If Tenant shall fail to pay, when the same is due and payable, any rent or other amounts or charges set out in this Lease, Tenant shall pay Landlord a service charge equal to five percent (5%) of the past due sum. In addition, interest shall accrue on all past due sums at a rate equal to one and one-half percent (1 1/2%) per month. Notwithstanding the service charge and interest charge, Tenant shall be in default of any payment required to be made by Tenant if not made at or before the times herein stipulated. On the Commencement Date, Tenant shall deposit with Landlord the sum of Ten Thousand Eight Hundred Thirty-Three Dollars and Thirty-Three Cents ($10,833.33) (“the Security Deposit”), which Security Deposit shall be held by Landlord, without obligation for interest, as security for the full timely and faithful performance of Tenant’s covenants and obligations under this Lease, it being expressly understood and agreed that the Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon the occurrence of any event of default by Tenant or breach by Tenant of its covenants under this Lease. Tenant, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, use, apply, or retain all or part use such funds to the extent necessary to make good any arrears of the security deposit for the payment of any rent or other sum in defaultpayments due Landlord hereunder, or for the payment of and any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or for payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant default or breach, or to compensate Landlord for any damage, injury, expense or liability caused by any event of Tenant’s default; and Tenant shall pay to Landlord by such default or breach. If any portion of on demand the security deposit is amount so used or applied, Tenant shall, within five (5) days alter written demand therefor, deposit cash with Landlord applied in an amount sufficient order to restore the security deposit Security Deposit to its original amount. Although the amount required by this Paragraph. Tenant's failure to do so Security Deposit shall be a default under this Lease. The deemed the property of the Landlord, any remaining balance of the security deposit Security Deposit shall be returned by Landlord to Tenant at such time after termination of this Lease that Landlord shall have determined all of Tenant's ’s obligations under this Lease have been fulfilled. Subject to the other terms and conditions contained in this Lease, if the Premises are conveyed by Landlord, the Security Deposit may be turned over to Landlord’s grantee, and if so, Tenant hereby releases Landlord from any and all liability with respect to the Security Deposit and its application or return.

Appears in 1 contract

Samples: Form of Lease (IMAC Holdings, Inc.)

BASE RENT AND SECURITY DEPOSIT. (a) A. Tenant agrees to pay to Landlord as rent the sum of One hundred eight thousand seven hundred twenty and no/100 Dollars ($108,720.00) subject to adjustment Base Rent for early or delayed occupancy under the terms hereof. Such rent shall be payable in monthly amounts of One Thousand eight hundred twelve and no/100 Dollars ($1,812.00) eachPremises, in advance, without demand, deduction or offset set off, for the entire Term hereof initially at the rate set forth in Paragraph 1 of this Lease. Base Rent shall be automatically increased each twelve (sometimes referred to in this Lease as 12) months during the "Initial Term by two percent (2%) commencing on the date that is one year after the first day of the month succeeding the Commencement Date and continuing on each annual anniversary date thereof during the Initial Term. One such monthly installment of Base Rent" or "Base Rental"). Such rental amounts shall be due , plus monthly estimated payments of Tenant’s Tax Payment, Tenant’s Expense Payment, Tenant’s Insurance Payment, Tenant’s Shop Electrical Payment, Tenant’s Office Electrical Payment and payable to Landlord in lawful money of the United States of America at the address shown below. An amount equal to one monthly Base Rental payment Management Fee Payment, shall be due and payable on the date Tenant executes this lease Commencement Date and such amount a like monthly installment (annually adjusted to the extent provided above) shall be applied to the rent due for the first complete calendar month occurring after the Commencement Date, provided that if the Commencement Date should be a date other than and payable on or before the first day of a under this Leaseeach calendar month succeeding the Commencement Date recited above during the hereby demised Term, except that the rental payment for any fractional calendar month at the commencement or end of the lease period shall be prorated. Failure by Tenant to pay any one monthly installment of Base Rent by the date such payment was due shall be considered an Event of Default (as defined in subparagraph 19.A below) to the extent provided by such subparagraph. Upon the occurrence of any event of default such failure by Tenant or breach to pay any amount payable by Tenant of its covenants under to Landlord pursuant to this Lease. Landlord may, from time to time, without prejudice to any other remedy provided herein Lease (whether Base Rent or provided by law, use, apply, or retain all or part of the security deposit for the payment of any rent or other sum in default, or for the payment of any other amount which Landlord may spend or become obligated charge payable by Tenant to spend by reason of Tenant's default, or for payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant default or breach, or to compensate Landlord for any damage, injury, expense or liability caused to Landlord by such default or breach. If any portion of the security deposit is so used or applied, Tenant shall, Landlord) within five (5) days alter of when such installment is due, Tenant shall pay to Landlord upon demand a late charge in the amount of five percent (5%) of the unpaid amount; provided, however, Tenant shall have no obligation to pay such late charge in connection with the first payment of rent due during any twelve (12) calendar month period of time which is not paid by Tenant within ten (10) days of such due date but is paid on or before the fifth (5th) day after Tenant’s receipt of written demand therefornotice of its failure to make such payment when due. Failure to pay such late charge shall likewise be considered an Event of Default. Landlord and Tenant acknowledge and agree that such late charge (1) represents a fair and reasonable estimate of the costs Landlord will incur in processing any delinquent payment by Tenant, deposit cash and (2) shall not constitute, or be deemed to constitute, interest payable with Landlord in an amount sufficient to restore the security deposit respect to the amount required by this Paragraphapplicable delinquent payment. Tenant's failure to do so The provision for such late charge shall be a default under this Lease. The balance of the security deposit shall be returned by Landlord in addition to Tenant at such time after termination of this Lease that all of Tenant's obligations have been fulfilledLandlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner.

Appears in 1 contract

Samples: Lease Agreement (Aquilex Corp)

BASE RENT AND SECURITY DEPOSIT. (a) Except as provided for in this Lease, Tenant agrees to will pay to Landlord as rent the sum of One hundred eight thousand seven hundred twenty and no/100 Dollars ($108,720.00) subject to adjustment for early or delayed occupancy under the terms hereof. Such rent shall be payable in monthly amounts of One Thousand eight hundred twelve and no/100 Dollars ($1,812.00) each, in advance, without demand, deduction or offset (sometimes referred setoff, Rent for each month of the Term . “Rent” means Base Rent, the Operating Expense reimbursements pursuant to Section 5 , the parking rent, plus other amounts provided for in this Lease as to be paid by Tenant, all of which shall constitute rental in consideration for this Lease and the "Base Rent" or "Base Rental")leasing of the Premises including any charges and late fees . Such rental amounts The Security Deposit shall be due and payable to Landlord in lawful money of the United States of America at the address shown below. An amount equal to one monthly Base Rental payment shall be due and payable on the date Tenant executes this lease and such amount shall be applied to the rent due held by Landlord, without interest, as security for the first complete calendar month occurring after the Commencement Date, provided that if the Commencement Date should be a date other than the first day of a Xxxxxx's performance under this Lease, and not as an advance payment of rent or a measure of Landlord’s damages . Upon an Event of Default (defined below) or any damage to the occurrence of any event of default Building or Premises caused by Tenant Tenant, its employees or breach by Tenant of its covenants under this Lease. invitees, Landlord may, from time to time, without prejudice to any other remedy provided herein remedy, use the Security Deposit to cure such Event of Default or provided by law, use, apply, or retain all or part of the security deposit for the payment of any rent or other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or for payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant default or breach, or to compensate Landlord for repair any damage, injury, expense or liability by providing a written notice to Tenant detailing the damages Landlord alleges have been caused to Landlord by such default or breachTenant and the resultant amounts applied from the Security Deposit therefor . If Following any portion application of the security deposit is so used or appliedSecurity Deposit, Tenant shall, within five (5) days alter written demand thereforon demand, deposit cash with Landlord in an amount sufficient to restore the security deposit Security Deposit to the its original amount required by this Paragraph. Tenant's failure to do so shall be a If Tenant is not in default under this Lease. The hereunder, any remaining balance of the security deposit Security Deposit shall be returned by Landlord to Tenant at such time after upon termination of this Lease that all . If Landlord transfers its interest in the Premises, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the Security Deposit so long at the transferee acknowledge its receipt thereof and liability to Tenant therefor . Rent is due, and must be received by Landlord, by the first day of Tenant's obligations have been fulfilledevery month, at the address specified by Landlord in either in this Lease (or as updated in writing) . Landlord and its manager will not accept cash payments . Tenant agrees to pay by check, EFT, cashier’s check, or certified funds only . 5.

Appears in 1 contract

Samples: Office Lease (Intrusion Inc)

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BASE RENT AND SECURITY DEPOSIT. (a) A. Tenant agrees to pay as rental for the premises to Landlord as rent or order, without deduction or set off, for the sum of One hundred eight thousand seven hundred twenty entire term hereof, Twelve Thousand Three Hundred Ninety Seven and no/100 Dollars 00/100 dollars ($108,720.0012,397.00) subject to adjustment for early or delayed occupancy under the terms hereofper month. Such rent shall be payable in One such monthly amounts of One Thousand eight hundred twelve and no/100 Dollars ($1,812.00) each, in advance, without demand, deduction or offset (sometimes referred to in this Lease as the "Base Rent" or "Base Rental"). Such rental amounts shall be due and payable to Landlord in lawful money of the United States of America at the address shown below. An amount equal to one monthly Base Rental payment installment shall be due and payable on the date Tenant executes this lease hereof and such amount a like monthly installment shall be applied to the rent due for the first complete calendar month occurring after the Commencement Date, provided that if the Commencement Date should be a date other than and payable without demand on or before the first day of each calendar month succeeding the commencement date recited above during the hereby demised term, except that the rental payment for any fractional calendar month at the commencement or end of the lease term shall be prorated. All costs and expenses which are the responsibility of Tenant also constitute "rent." In the event Tenant fails to pay any installment of rent hereunder (1), to help defray the additional cost to Landlord for processing such late payments. Tenant shall pay to Landlord on demand a late charge in an amount equal to (2) of such installment. The provision for such late charge shall be in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord's remedies in any manner. B. In addition, Tenant agrees to deposit with Landlord on the date hereof the sum of Twenty Four Thousand Seven Hundred Ninety Four and 00/100 dollars ($24,794.00), which sum shall be held by Landlord, (3) for interest, as security for the performance of Tenant's covenants and obligations under this Leaselease, it being expressly understood and agreed that such deposit is not an advance rental deposit or a measure of Landlord's damages in case of Tenant's default. Upon the occurrence of any event of default by Tenant or breach by Tenant of its covenants under this Lease. Tenant, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, use, apply, or retain all or part use such funds to the extent necessary to make good any arrears of the security deposit for the payment of any rent or other sum in defaultpayments due Landlord hereunder, or for the payment of and any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or for payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant default or breach, or to compensate Landlord for any damage, injury, expense or liability caused by such event of default; and Tenant shall pay to Landlord by such default or breach. If any portion of on demand the security deposit is amount so used or applied, Tenant shall, within five (5) days alter written demand therefor, deposit cash with Landlord applied in an amount sufficient order to restore the security deposit to its original amount. Although the amount required by this Paragraph. Tenant's failure to do so security deposit shall be a default under this Lease. The deemed the property of Landlord, any remaining balance of the security such deposit shall be returned by Landlord to Tenant at such time after termination or expiration of this Lease lease that all of Tenant's obligations under this lease have been fulfilledfulfilled (4).

Appears in 1 contract

Samples: 03 Lease Agreement (Park Electrochemical Corp)

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