Common use of Base Rent; Rent Clause in Contracts

Base Rent; Rent. 3.1.1 Tenant agrees to pay during the Term of this Lease as Base Rent (“Base Rent”) for the Premises the sums shown for such periods in Item 4 of the Basic Lease Provisions. 3.1.2 Except as expressly provided to the contrary herein, Base Rent shall be payable in equal consecutive monthly installments, in advance, without abatement, deduction or offset (except as expressly provided herein), commencing on the Commencement Date and continuing on the first day of each calendar month thereafter, or, in the event the first day of a calendar month is not a business day, then the next business day, except that the amount of Ninety-Two Thousand Two Hundred and 60/100 Dollars ($92,200.60) shall be paid to Landlord upon Tenant’s execution hereof and shall be applied by Landlord to the first payment of Base Rent due hereunder. If the Commencement Date is a day other than the first day of a calendar month, then the Base Rent for the Partial Lease Month (the “Partial Lease Month Rent”) shall be calculated on a per diem basis determined by dividing the initial Monthly Base Rent shown in Item 4 of the Basic Lease Provisions by the actual number of days in such Partial Lease Month and by multiplying such amount by the number of remaining days of such month from and including the Commencement Date. Base Rent, all forms of Additional Rent (defined below) payable hereunder by Tenant and all other amounts, fees, payments or charges payable hereunder by Tenant shall (i) each constitute rent payable hereunder (and shall sometimes collectively be referred to herein as “Rent”), (ii) be payable to Landlord when due without any prior notice or demand therefor (except as otherwise expressly required under this Lease) in lawful money of the United States and without any abatement, offset or deduction whatsoever (except as expressly provided herein) and (iii) be payable to Landlord at the address of Landlord described in Item 11 of the Basic Lease Provisions or to such other person or to such other place as Landlord may from time to time designate in writing to Tenant. 3.1.3 Notwithstanding anything to the contrary in this Lease, all of Tenant’s obligations to pay Base Rent (as set forth in Section 4 of the Basic Lease Provisions) and Additional Rent under Article 4 of this Lease shall be fully abated for each of the second (2nd), third (3rd), fourth (4th), fifth (5th), sixth (6th) and seventh (7th) months of the Initial Term (the aggregate amount of Rent so abated is referred to herein as the “Abated Rent Amount”). 3.1.4 No payment by Tenant or receipt by Landlord of a lesser amount than the correct Rent due hereunder shall be deemed to be other than a payment on account; nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed to effect or evidence an accord and satisfaction; and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance or pursue any other remedy in this Lease or at law or in equity provided.

Appears in 1 contract

Samples: Office Lease (Capitalsource Inc)

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Base Rent; Rent. 3.1.1 (a) Tenant agrees to pay during each Lease Year of the Term of this Lease as Base Rent (“Base Rent”"BASE RENT") for the Premises the sums shown for such periods in Item paragraph 4 of the Basic Lease Provisions. 3.1.2 (b) Except as expressly provided to the contrary herein, Annual Base Rent shall be payable in equal consecutive equal, consecutive, monthly installments, in advance, without abatement, deduction or offset (except as expressly provided herein)offset, commencing on the Commencement Date and continuing on the first day of each calendar month thereafterthereafter except as provided in this paragraph 3.l(b) with regard to wire transfers. The first full monthly installment of Annual Base Rent, ordescribed in paragraph 4 of the Basic Lease Provisions, in the event the first day of a calendar month is not a business day, then the next business day, except that the amount of Ninety-Two Thousand Two Hundred and 60/100 Dollars ($92,200.60) shall be paid to Landlord payable upon Tenant’s execution hereof and shall be applied by Landlord to the first payment of Base Rent due hereunderTENANT'S EXECUTION OF THIS LEASE. If the Commencement Date is a day other than the first day of a calendar month, then the Base Rent for the Partial Lease Month (the “Partial Lease Month Rent”"PARTIAL LEASE MONTH RENT") shall be calculated on a per diem basis determined by dividing the initial Monthly Base Rent shown in Item paragraph 4 of the Basic Lease Provisions by the actual number of days in such Partial Lease Month the month in which the Commencement Date occurs and by multiplying such amount by the number of remaining days of such month from and including the Commencement Date. The Partial Lease Month Rent shall be payable by Tenant prior to the date that Tenant takes possession or commences use of the Premises for any business purpose (including moving in). Annual Base Rent, all forms of Additional Rent (defined below) payable hereunder by Tenant and all other amounts, fees, payments or charges payable hereunder by Tenant shall (i) each constitute rent payable hereunder (and shall sometimes collectively be referred to herein as “Rent”"RENT"), and (ii) be payable to Landlord when due without any prior notice or demand therefor (except as otherwise expressly required under this Lease) in lawful money of the United States and and, except as may be expressly provided to the contrary herein, without any abatement, offset or deduction whatsoever (except as expressly provided herein) whatsoever. All Annual Base Rent that is not paid by wire transfer and (iii) all other Rent shall be payable to Landlord at the address of Landlord described in Item paragraph 11 of the Basic Lease Provisions or to such other person or to such other place as Landlord may from time to time designate in writing to Tenant. 3.1.3 Notwithstanding anything to the contrary in this Lease, all of Tenant’s obligations to pay Base Rent (as set forth in Section 4 of the Basic Lease Provisionsc) and Additional Rent under Article 4 of this Lease shall be fully abated for each of the second (2nd), third (3rd), fourth (4th), fifth (5th), sixth (6th) and seventh (7th) months of the Initial Term (the aggregate amount of Rent so abated is referred to herein as the “Abated Rent Amount”). 3.1.4 No payment by Tenant or receipt by Landlord of a lesser amount than the correct Rent due hereunder shall be deemed to be other than a payment on account; nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed to effect or evidence an accord and satisfaction; and Landlord may accept such check or payment without prejudice to Landlord’s 's right to recover the balance or pursue any other remedy in this Lease or at law or in equity provided.

Appears in 1 contract

Samples: Office Lease (Clayton Holdings Inc)

Base Rent; Rent. 3.1.1 Subject to Section 3.1.2, below, Tenant agrees to pay during the Term of this Lease as Base Rent ("Base Rent") for the Premises the sums shown for such periods in Item 4 of the Basic Lease Provisions. 3.1.2 Provided that no Event of Default (defined below) has occurred, T, enant's obligation to pay Base Rent for each of the second (2nd), third (3'd), fourth (4Ih), tenth (loth) and eleventh (l1th) months of the Initial Term shall be fully abated (the total amount of Base Rent so abated is referred to as the "Abated Base Rent Amount"). Landlord and Tenant agree that the Abated Base Rent Amount is $44,930.50. Notwithstanding the foregoing, should an Event of Default occur, then: (a) this Section 3.1.2 shall automatically and immediately become null, void and of no further force or effect and (b) the Abated Base Rent Amount (to the extent applied to reduce Tenant's Base Rent obligations prior to the occurrence of such Event of Default) shall immediately and without notice or demand become due and payable by Tenant to Landlord. 3.1.3 Except as expressly provided to the contrary hereinin this Lease, Base Rent shall be payable in equal consecutive monthly installments, in advance, without abatement, deduction or offset (except as expressly provided herein)offset, commencing on the Commencement Date and continuing on the first day of each calendar month thereafter. The first full monthly installment of Base Rent, ordescribed in Item 4 of the Basic Lease Provisions, in the event the first day of a calendar month is not a business day, then the next business day, except that the amount of Ninety-Two Thousand Two Hundred and 60/100 Dollars ($92,200.60) shall be paid to Landlord payable upon Tenant’s 's execution hereof and shall be applied by Landlord to the first payment of Base Rent due hereunderthis Lease. If the Commencement Date is a day other than the first day of a calendar month, then the Base Rent for the Partial Lease Month (the "Partial Lease Month Rent") for the partial month in which the Commencement Date occurs shall be calculated on a per diem basis determined by dividing the initial Monthly monthly Base Rent shown in Item 4 of the Basic Lease Provisions by the actual number of days in such Partial Lease Month calendar month and by multiplying such amount by the number of remaining days of such calendar month from and including the Commencement Date. The Partial Lease Month Rent shall be payable by Tenant prior to the date that Tenant takes possession or commences use of the Premises for any business purpose (including moving in). 3.1.4 Base Rent, all forms of Additional Rent (defined below) payable hereunder by Tenant and all other amounts, fees, payments or charges payable hereunder by Tenant shall (i) each constitute rent payable hereunder (and shall sometimes collectively be referred to herein as "Rent"), (ii) be payable to Landlord when due without any prior notice or demand therefor (except as otherwise expressly required under this Lease) in lawful money of the United States and and, except as may be expressly provided to the contrary herein, without any abatement, offset or deduction whatsoever (except as expressly provided herein) and (iii) be payable to Landlord at the address of Landlord described in Item 11 10 of the Basic Lease Provisions or to such other person or to such other place as Landlord may from time to time designate in writing to Tenant. 3.1.3 Notwithstanding anything to the contrary in this Lease, all of Tenant’s obligations to pay Base Rent (as set forth in Section 4 of the Basic Lease Provisions) and Additional Rent under Article 4 of this Lease shall be fully abated for each of the second (2nd), third (3rd), fourth (4th), fifth (5th), sixth (6th) and seventh (7th) months of the Initial Term (the aggregate amount of Rent so abated is referred to herein as the “Abated Rent Amount”). 3.1.4 3.1.5 No payment by Tenant or receipt by Landlord of a lesser amount than the correct Rent due hereunder shall be deemed to be other than a payment on account; nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed to effect or evidence an accord and satisfaction; and Landlord may accept such check or payment without prejudice to Landlord’s 's right to recover the balance or pursue any other remedy in this Lease or at law or in equity provided.

Appears in 1 contract

Samples: Office Lease (Fresh Healthy Vending International, Inc.)

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Base Rent; Rent. 3.1.1 Tenant agrees to pay during the Term of this Lease as Base Rent ("Base Rent") for the Premises the sums shown for such periods in Item 4 of the Basic Lease Provisions. 3.1.2 Except as expressly provided to the contrary herein, Annual Base Rent shall be payable in equal consecutive monthly installments, in advance, without abatement, deduction or offset (except as expressly provided herein)offset, commencing on the Commencement Date and continuing on the first day of each calendar month thereafter, or, in the event the first day of a calendar month is not a business day, then the next business day, except that the amount of Ninety-Two Thousand Two Hundred and 60/100 Dollars ($92,200.60) shall be paid to Landlord upon Tenant’s execution hereof and shall be applied by Landlord day closest to the first day of such calendar month, even if such business day is in the previous calendar month. The first full monthly installment of Annual Base Rent, described in Item 4 of the Basic Lease Provisions, which shall represent payment of Base Rent the seventh (7th) full calendar month of the Initial Term due hereunderto the Abatement Period set forth in Section 3.4 below, shall be payable upon Tenant's execution of this Lease. If the Commencement Date is a day other than the first day of a calendar month, then the Base Rent for the Partial Lease Month (the "Partial Lease Month Rent") shall be calculated on a per diem basis determined by dividing the initial Monthly Base Rent shown in Item 4 of the Basic Lease Provisions by the actual number of days in such Partial Lease Month and by multiplying such amount by the number of remaining days of such month from and including the Commencement Date. The Partial Lease Month Rent shall be payable by Tenant prior to the date that Tenant takes possession or commences use of the Premises for any business purpose (including moving in). Annual Base Rent, all forms of Additional Rent (defined below) payable hereunder by Tenant and all other amounts, fees, payments or charges payable hereunder by Tenant shall (i) each constitute rent payable hereunder (and shall sometimes collectively be referred to herein as "Rent"), (ii) be payable to Landlord when due without any prior notice or demand therefor (except as otherwise expressly required under this Lease) in lawful money of the United States and and, except as may be expressly provided to the contrary herein, without any abatementabatement (other than as provided in Section 3.4 below), offset or deduction whatsoever (except as expressly provided herein) and (iii) be payable to Landlord at the address of Landlord described in Item 11 of the Basic Lease Provisions or to such other person or to such other place as Landlord may from time to time designate in writing to Tenant. 3.1.3 Notwithstanding anything to the contrary in this Lease, all of Tenant’s obligations to pay Base Rent (as set forth in Section 4 of the Basic Lease Provisions) and Additional Rent under Article 4 of this Lease shall be fully abated for each of the second (2nd), third (3rd), fourth (4th), fifth (5th), sixth (6th) and seventh (7th) months of the Initial Term (the aggregate amount of Rent so abated is referred to herein as the “Abated Rent Amount”). 3.1.4 No payment by Tenant or receipt by Landlord of a lesser amount than the correct Rent due hereunder shall be deemed to be other than a payment on account; nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed to effect or evidence an accord and satisfaction; and Landlord may accept such check or payment without prejudice to Landlord’s 's right to recover the balance or pursue any other remedy in this Lease or at law or in equity provided. The foregoing shall in no way prevent, prohibit, impair or impinge on Tenant's right to challenge the amount of rent charged to Tenant in addition to the Base Rent in accordance with the provisions of this Lease, or to challenge any breach or noncompliance by Landlord in accordance with the provisions of this Lease.

Appears in 1 contract

Samples: Office Lease (Ultimate Software Group Inc)

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