Common use of Base Rent Clause in Contracts

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 4 contracts

Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)

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Base Rent. Commencing 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, in currency or (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the avoidance of doubtforegoing, Tenant’s obligation for the payment of Base to pay Rent shall commence not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on the Rent Commencement DateTenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Appears in 4 contracts

Samples: Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Keystone Technology Park Lease (Heat Biologics, Inc.)

Base Rent. Commencing on Purchaser will receive a credit at Closing for the Rent Commencement Dateprorated amount of all base or fixed rent payable pursuant to the Leases and all Additional Rents (collectively, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (Base Rent”) as set forth in Section 8 of previously paid to, or collected by, Seller and attributable to any period following the SummaryClosing Date. Rents are “Delinquent” when they were due prior to the Closing Date, payable in equal monthly installments as set forth in Section 8 of the Summary in advance and payment thereof has not been made on or before the Closing Date. Delinquent Rent Commencement Date and, thereafter, the first day of shall not be prorated at Closing. All Rent collected by Purchaser or Seller from each tenant from and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall after Closing will be comprised of the followingapplied as follows: (i) the Base first, to Delinquent Rent payable by Tenant owed for the Premises month in which the Closing Date occurs (the “Closing Month”), (ii) second, to any accrued Rents owing to Purchaser, and (iii) third, to Delinquent Rents owing to Seller for the first (1st) full month period prior to Closing. Any Rent collected by Purchaser and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Purchaser shall be promptly remitted to Purchaser. Purchaser shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, that Seller hereby retains the right to pursue any tenant under the Leases for any Rent and other sums due Seller for period attributable to Seller’s ownership of the Lease Term following the Rent Commencement Date Property; and provided further, however, Seller (i.e., $383,551.88)i) shall be required to notify Purchaser in writing of Seller’s intention to commence or pursue any legal proceedings; and (ii) shall not be permitted to commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month termination of the Lease Term (i.e.underlying Lease. “Additional Rents” shall mean any and all amounts due from tenants for operating expenses, $91,597.86)common area maintenance charges, taxes, shared utility charges, management fees, insurance costs, other comparable expenses and pass-through charges and any other tenant charges. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms The provisions of this Lease that require proration on a time basis Section 14.5 shall be prorated on survive the same basis. For Closing and the avoidance delivery of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateany conveyance documentation.

Appears in 4 contracts

Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Cornerstone Realty Fund LLC), Agreement of Purchase and Sale (Simpson Manufacturing Co Inc /Ca/), Agreement of Purchase and Sale and Joint Escrow Instructions (Cornerstone Core Properties REIT, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to pay Landlord at the address set forth rent (herein called "Base Rent") in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writingarrears, in currency or a check for currency which, that at the time of payment, payment is legal tender for public and private or public debts in the United States of America, base rent (“in installments on each Base Rent”) as set forth in Section 8 Rent Date through the end of the Summary, payable in equal monthly installments as set forth in Section 8 Term. Each payment of Base Rent must be received by Landlord no later than 12:00 noon (San Francisco time) on the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution date it becomes due; if received after 12:00 noon it will be considered for purposes of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised Lease as received on the next following Business Day. Each installment of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect shall represent rent allocable to the Base Rent Period (or portion thereof) ending on the Rent Commencement Date with respect to Estimated Expenses) falls date on a day which the installment is due. Landlord shall notify Tenant in writing of the month other than Base Rent due for each Base Rent Period at least fifteen (15) days prior to the first day Base Rent Date on which such period ends. Any failure by Landlord to so notify Tenant shall not constitute a waiver of Landlord's right to payment, but absent such month or notice Tenant shall not be in default for any underpayment resulting therefrom if Tenant, in good faith, reasonably estimates the payment required, makes a timely payment of the amount so estimated and corrects any rental payment is for underpayment within three (3) Business Days after being notified by Landlord of the underpayment. For all Base Rent Periods subject to a period which is shorter than LIBOR Period Election of one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments two months or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubtthree months, Tenant’s obligation for the payment of Base Rent shall commence be due in one installment on the Base Rent Commencement Date.Date upon which the Base Rent Period ends. For Base Rent Periods subject to a LIBOR Period Election of six months, Base Rent shall be payable in two installments, with the first installment becoming due on the Base Rent Date that occurs on the first Business Day of the third calendar month following the commencement of such Base Rent Period, and with the second installment becoming due on the Base Rent Date upon which the Base Rent Period ends. Notwithstanding the foregoing, if Tenant or any Applicable Purchaser purchases Landlord's interest in the Property pursuant to the Purchase Agreement, any accrued unpaid Base Rent and all outstanding Additional Rent shall be due on the date of purchase in addition to the purchase price and other sums due Landlord under the Purchase Agreement. The Base Rent for each Base Rent Period shall equal the sum of:

Appears in 3 contracts

Samples: Lease Agreement (3com Corp), Lease Agreement (3com Corp), Lease Agreement (3com Corp)

Base Rent. Commencing (a) Tenant shall pay Base Rent in the manner set forth below. Base Rent shall be payable monthly, in arrears, without notice on the Rent Commencement Date, and continuing thereafter on the first LIBOR Business Day of each successive month, except that the last installment of Base Rent shall be payable on the last day of the Term (each such date shall be a "Rent Payment Date") and shall be an amount sufficient to pay all Base Rent accrued through the end of the Term. Tenant shall paypay Base Rent as follows: The Senior Rent Component shall be paid to UBS, without notice or demandand the Equity Rent Component shall be paid to Landlord, to Landlord at the address Address for Rent set forth in Section 3 the Basic Lease Provisions (or, if the UBS Loan has been replaced by a New Loan or Replacement Loan, then the Senior Rent Component shall be paid directly to the holder of the Summary, such New Loan or Replacement Loan) or at such other place as Landlord and Tenant may from time to time designate in writingmutually agree upon, in currency their respective sole and absolute discretion. Tenant shall pay Base Rent by wire transfer or by check. Landlord or UBS or such other holder of a check New Loan, as the case may be, shall supply Tenant with such bank account information as Tenant shall require to enable payment by wire transfer. The parties agree that Tenant is paying the Senior Rent Component of Base Rent directly to UBS for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 convenience of the Summary, payable parties in equal monthly installments as set forth in Section 8 order to satisfy Landlord's obligations to pay interest under the UBS Loan for the period of time corresponding to the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution Term of this Lease, Tenant ; all Base Rent payments shall deliver be deemed payments to Landlord an amount equal to $475,149.74, which amount shall be comprised the extent of the following: (i) the Base Equity Rent payable by Tenant for the Premises for the first (1st) full month Component and payments of the Lease Term following interest due to UBS under the Rent Commencement Date (i.e., $383,551.88); and (ii) UBS Loan to the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month extent of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Senior Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateComponent.

Appears in 3 contracts

Samples: Ground Lease (Cisco Systems Inc), Lease (Cisco Systems Inc), Ground Lease (Cisco Systems Inc)

Base Rent. Commencing on As of the Rent Commencement Date, Tenant shall paycovenants and agrees to timely pay without notice, without notice deduction, off-set or demand, abatement to the Landlord at the address set forth in Section 3 of the SummaryBuilding, or at such other place address as Landlord may from time to time designate notify Tenant of in writing, yearly and every year during the Term hereof, the Rent in currency or a check for currency which, at lawful money of the time of payment, United States. Base Rent is legal tender for private or public debts payable in the United States of America, base rent (“Base Rent”) as monthly installments set forth in Section 8 on the Lease Agreement Facing Page attached hereto; Additional Rent is payable pursuant to the terms of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary Paragraph 7 hereof. Rent is due and shall be paid in advance on or before the Rent Commencement Date and, thereafter, the first (1st) day of each and every month during the Lease Term, without term hereof. Rent is considered late and Tenant shall be in default if rent is received after 5:00 o’clock p.m. on the fifth (5th) day of the month. A penalty of fifty dollars ($50.00) per day will be assessed on any setoff sums due under the lease which are received after the fifth (5th) day of the month. In the event that Landlord is required to post a 3-day notice for non-payment of rent or deduction whatsoever. Concurrently with Tenant’s execution for any other breach of this the Lease, Tenant shall deliver pay to Landlord an amount equal to administrative fee of $475,149.74250.00 and attorneys fees of $250.00 (total of $500.00) together with any other sums due as an essential part of the cure of default. If the Term hereof commences on any day other than the first day or expires on any day other than the last day of the month, which amount Rent for the fraction of a month at the commencement and at the end of the Term shall be comprised adjusted pro rata on a per diem basis, and all succeeding installments of the following: (i) the Base Rent payable by Tenant for the Premises for shall be paid on the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar each month during which such fractional month occursthe term hereof. All other payments Should Tenant be in default, Landlord may collect $50.00 per day penalty under this provision or adjustments required to be made 18% interest under Paragraph 36, whichever is greater. Any rent check returned for insufficient funds shall constitute an event of default, and Tenant must cover said check with certified funds plus the terms of this Lease that require proration on a time basis shall be prorated on the same basispenalty contained herein. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateLandlord may also seek additional relief as provided by law.

Appears in 3 contracts

Samples: Lease Agreement Facing Page (Integral Systems Inc /Md/), Lease Agreement (Integral Systems Inc /Md/), Lease Agreement Facing Page (Integral Systems Inc /Md/)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever, except as expressly provided for herein. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following shall be paid at the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month time of the Lease Term (i.e., $91,597.86)Tenant's execution of this Lease. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s 's rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Tenant’s obligation Landlord hereby agrees to [***] Premises only). During such [***] period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the monthly Base Rent shall commence on that was [***] under the provisions of this Article 3; provided, however, that the recoverable amount of monthly Base Rent Commencement Datethat was [***] under this Article 3 shall, during each month during the initial Lease Term, be deemed reduced by an amount equal to [***] of such total amount of [***] monthly Base Rent. [***] Confidential portions of this document have been redacted and filed separately with the Commission.

Appears in 2 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Base Rent. Commencing Base Rent for the month in which the Rent Commencement Date occurs (or, if the Rent Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the Rent Commencement Date) and the Security Deposit shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. For the avoidance of doubt, Tenant shall not be required to pay Base Rent for the period commencing on the Commencement Date through the day immediately preceding the Rent Commencement Date. Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Rent Commencement Date, Tenant shall payin lawful money of the United States of America, without notice or demand, to Landlord at Tenant’s election either (i) at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing, in currency or a check (ii) via federally insured wire transfer (including ACH) pursuant to the wire instructions provided by Landlord. Payments of Base Rent for currency whichany fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, at the time of paymentreduce, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 of 5) due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything to the Summarycontrary contained in this Lease, payable so long as Tenant is not then in equal monthly installments Default (as set forth defined in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of 20) under this Lease, Tenant shall deliver not be required to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the pay Base Rent payable by Tenant for with respect to the Premises for the period commencing on the first (1st) full month day of the Lease Term 2nd full calendar month immediately following the Rent Commencement Date (i.e., $383,551.88); and (ii) through the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month last day of the Lease Term 7th full calendar month immediately following the Rent Commencement (i.e., $91,597.86the “Abatement Period”). If any rental payment date (including the Lease Commencement Date Tenant shall resume paying Base Rent with respect to the Base Rent or entire Premises on the Rent Commencement Date with respect to Estimated Expenses) falls on a day immediately following the expiration of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occursAbatement Period. All other payments or adjustments required to be made under the terms of this Net Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.Net Lease 9877 Xxxxxx/Cue - Page 4

Appears in 2 contracts

Samples: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)

Base Rent. Commencing on the Rent date set forth in Section 3.2 of the Summary (the “Lease Commencement Date”) (as the same may be delayed by the express provisions of this Lease), Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, by wire transfer to the address set forth in Section 3 11 of the Summary, or at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check or wire transfer for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverwhatsoever except as expressly set forth elsewhere in this Lease. Concurrently with The Base Rent for the first full month of the Lease Term which occurs after the expiration of any free rent period shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, agrees to pay to Landlord without notice or demand, to Landlord an annual “Base Rent”. The Base Rent will be payable at the address set forth annual rate shown in Section 3 the Basic Leasing Information of the Summarythis Lease without any offset, defense or at such other place as Landlord may from time to time designate in writingdeduction whatsoever, in currency or a check for currency which, at the time of payment, is lawful (legal tender for public or private or public debts in debts) money of the United States of America, base rent (“at Landlord’s address or elsewhere as designated from time to time by Landlord’s written notice to Tenant. The Base Rent”) Rent will be adjusted for increases as set forth in Section 8 within the Basic Leasing Information of this Lease. Landlord, upon execution of this Lease by Landlord and Tenant, hereby acknowledges payment by Tenant of the Summary“Initial Payment” as shown in the Basic Leasing Information of this Lease, representing payment of the monthly installment(s) of annual Base Rent and Additional Rent (as hereafter defined), together with the sales tax thereon. The total Base Rent is payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month. If the Term commences on any day of a month during other than the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Leasefirst day, Tenant shall deliver pay Landlord the full monthly Base Rent as provided for herein for such commencement month, and thereafter the sum which should have actually been paid for said first month shall be calculated on a pro rata basis (such proration to be based on the actual number of days in the commencement month), and the difference shall be credited as a reduction in the next month’s installment of annual Base Rent to be paid by Tenant hereunder on the first day of the next succeeding month. Base Rent for any partial month of occupancy at the end of the Term of this Lease will be prorated, such proration to be based on the actual number of days in the partial month. In addition to Base Rent, Tenant shall and hereby agrees to pay to Landlord an amount on the first day of each calendar month a sum equal to $475,149.74any sales tax, which tax on rentals, and any other governmental charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the Leased Premises or upon the amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable collected therefor, without any offset defense or deduction whatsoever, in lawful (legal tender for public or private debts) money of the United States of America, at Landlord’s address or elsewhere as designated from time to time by Landlord’s written notice to Tenant. In addition, Tenant agrees to be fully responsible for the Premises payment of documentary stamps, if any, due pursuant to this Lease. Nothing herein shall, however, be taken to require Tenant to pay any part of any Federal and State Taxes on income imposed upon Landlord. Tenant shall be required to pay Landlord interest on any Rent (as defined below) due that remains unpaid for five (5) days after its due date. Further, in the first event (1sti) full month of Tenant fails to pay Rent by the Lease Term fifth (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses5th) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All installment is due, or (ii) any other payments or adjustments required sums owed to be made under Landlord pursuant to the terms of this Lease within five (5) days after accrual thereof or billing therefor, there will be added to such unpaid sum a late charge equal to ten percent (10%) of the installment or sum due, in order to defray the costs to Landlord for additional administrative expenses incurred as a result of such late payments. For all purposes of this Lease, the term “Rent” shall include all Base Rent, charges or impositions thereon, Additional Rent (as defined below), adjustments to Rent and any and all other payments due or which may become due from Tenant to Land-lord hereunder. Interest will be computed at the maximum legal rate and will be deemed to accrue from the fifth (5th) day after Rent is due and shall continue to accrue for as long as the sum remains unpaid. Provided, however, this provision shall not be construed as requiring Landlord to accept any late payment of Rent or as a waiver of any of Landlord’s rights or remedies by virtue of Tenant’s not making timely payment of Rent hereunder, and Land-lord’s acceptance of late Rent and such interest shall not be construed as constituting a waiver by Landlord of any rights or remedies available to it in the event that require proration Rent is not timely paid by Tenant on a time basis any one or more future occasions, including declaring Tenant in default under this Lease and pursuing all remedies available to it arising from such default. The Base Rent as specified in the Basic Leasing Information of this Lease will increase annually on each yearly anniversary of the Lease Term as stated therein. Tenant by acceptance and execution of this Lease shall be prorated on deemed to have agreed to and received notice of the same basisAnnual Base Rent for each year of the Lease Term. For Landlord shall not be required to provide notice of the avoidance of doubt, Tenant’s obligation for new Base Rent; and Tenant must pay Landlord the current monthly payment of Base Rent shall commence on Rent, in accordance with the Rent Commencement Dateschedule set forth in the Basic Leasing Information.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Omnicomm Systems Inc)

Base Rent. Commencing on the Rent Commencement Date, A. Tenant shall pay, without notice or demand, covenants and agrees to pay to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with except as otherwise expressly provided herein, the full amount of all Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease (including, without limitation, any charges for replacement of electric lamps and ballasts and any other services, goods or materials furnished by Landlord at Tenant’s execution request), all of which hereinafter may be collectively called “Rent.” In addition Tenant shall pay and be liable for, as Additional Rent, all rent, sales and use taxes or other similar taxes, if any, levied or imposed by any city, state, county or other governmental body having authority, such payments to be in addition to all other payments required to be paid to Landlord by Tenant under the terms and conditions of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount . Any such payments shall be comprised paid concurrently with the payments of the following: (i) Rent on which the tax is based. The Base Rent and Additional Rent for each calendar year or portion thereof during the Lease Term, shall be due and payable by Tenant for the Premises for in advance in monthly installments of the first (1st) full day of each calendar month of during the Lease Term following the and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of Additional Rent to Landlord without demand. If the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls commences on a day of the month other than the first day of such a month or if any rental payment is for terminates on a period which is shorter day other than one the last day of a month, then the rental installments of Base Rent and Additional Rent for any such fractional month or months shall be a proportionate amount of a full calendar month’s rental prorated, based on the proportion that the number of days in such fractional month bears month. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed 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 available remedy. The acceptance by Landlord of an installment of Rent on a date after the due date of such payment shall not be construed to be a waiver of Landlord’s right to declare a default for any other late payment. All amounts received by Landlord from Tenant hereunder shall be applied first to the number of days in the calendar month during which such fractional month occursearliest accrued and unpaid Rent then outstanding. All other payments or adjustments required Tenant’s covenant to be made under the terms of this Lease that require proration on a time basis pay Rent shall be prorated on the same basis. For the avoidance independent of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateevery other covenant set forth in this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Wageworks, Inc.), Office Lease Agreement (Quest Resource Corp)

Base Rent. Commencing (a) The first month’s Base Rent and Security Deposit shall be due and payable on the Rent Commencement Date, delivery of an executed copy of this Lease to Landlord. Tenant shall pay, without notice or demand, pay to Landlord at in advance, monthly installments of Base Rent on or before the address set forth in Section 3 first day of each calendar month during the Summary, or at such other place as Landlord may from time to time designate in writingTerm hereof, in currency or a check for currency which, at the time lawful money of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as at the office or address of Landlord for payment of Rent set forth above. Notwithstanding the foregoing, Base Rent for the 6-month period commencing on the Commencement Date shall be adjusted to be $18,390.67 per month for such 6-month period, provided that Tenant is not in Section 8 Default hereunder, and after such 6-month period Base Rent shall be at the rate stated above in the Basic Lease Provisions, subject to adjustment each year on the Adjustment Date as provided below. Payments of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before Base Rent for any fractional calendar month shall be prorated. If the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month is other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental for any such fractional month shall be a proportionate amount of a difference between the first full calendar month’s rental based on Base Rent paid pursuant to the proportion that first sentence of this Section 3(a), and the number of days in such prorated Base Rent for the fractional month bears in which the Rent Commencement Date occurs, shall be applied by Landlord to the number of days in the first full calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on after the Rent Commencement Date. Except as expressly provided in Section 2 above or Section 15 below, Tenant shall have no right at any time to xxxxx, reduce, or set-off any Rent due hereunder. Base Rent shall be increased on each anniversary of the first day of the first full month during the Term of this Lease (each an “Adjustment Date”) by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as otherwise provided herein. Base Rent adjustments for any fractional calendar month shall be prorated.

Appears in 2 contracts

Samples: License Agreement (Eleven Biotherapeutics, Inc.), License Agreement (Eleven Biotherapeutics, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth specified in Section 3 8.1 of the Summary, or or, at Landlord’s option, such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the a calendar month other than the first day of such calendar month or if any rental Rent payment is for a period which is shorter than one monthcalendar month (such as during the last month of the Lease Term), then the rental Rent for any such fractional calendar month shall be a the proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Landlord and Xxxxxx hereby agree that it is their intent that all Base Rent, Additional Rent and other rent and charges payable to the avoidance Landlord under this Lease (hereinafter individually and collectively referred to as “Rent”) shall qualify as “rents from real property” within the meaning of doubtSection 856(d) of the Internal Revenue Code of 1986, Tenant’s obligation as amended, (the “Code”) and the Department of the U.S. Treasury Regulations promulgated thereunder (the “Regulations”). Should the Code or the Regulations, or interpretations thereof by the Internal Revenue Service contained in revenue rulings or other similar public pronouncements, be changed so that any Rent no longer so qualifies as “rent from real property” for purposes of Section 856(d) of the payment of Base Code and the Regulations promulgated thereunder, such Rent shall commence on be adjusted in such manner as the Landlord may require so that it will so qualify; provided, however, that any adjustments required pursuant to this Section 3 shall be made so as to produce the equivalent (in economic terms) Rent Commencement Dateas payable prior to such adjustment. The parties agree to execute such further instrument as may reasonably be required by the Landlord in order to give effect to the foregoing provisions of this Section 3.

Appears in 2 contracts

Samples: Office Lease (Rocket Companies, Inc.), Office Lease (Rocket Companies, Inc.)

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth on Page 1 of this Lease. The first month's Base Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month succeeding the Commencement Date, . Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant shall pay, without notice or demand, to Landlord at the address set forth hereunder (or to such other party as Landlord may from time to time specify in Section 3 writing) shall be made by check or by Electronic Fund Transfer (“EFT”) of the Summaryimmediately available federal funds before 11:00 a.m., or Eastern Time at such other place place, within the continental United States, as Landlord may from time to time designate to Tenant in writing. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any rent due hereunder except as may be expressly provided in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease. If Tenant is delinquent in any monthly installment of Base Rent or of estimated Operating Expenses for more than 5 days, Tenant shall deliver pay to Landlord an amount on demand a late charge equal to $475,149.74, which amount 8 percent of such delinquent sum. The provision for such late charge shall be comprised in addition to all of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); Landlord's other rights and (ii) the Estimated Expenses (remedies hereunder or at law and shall not be construed as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datepenalty.

Appears in 2 contracts

Samples: Lease Agreement, The Lease Agreement (American Apparel, Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of During the Lease Term (i.e.as it may be extended pursuant to Article III hereof), $91,597.86). If any rental payment date (including Tenant shall pay to Landlord as rent for the Lease Commencement Date with respect to Premises the Base Rent described in Section 1.05, without notice, demand, abatement, deduction or offset for any reason. If the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month is other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then Base Rent for the rental for any such fractional first month of the Term shall be a proportionate amount of a full calendar month’s rental based on prorated in the proportion that the number of days this Lease is in effect during such fractional partial month bears to the total number of days in such month. Base Rent due for the calendar last month during of the Term shall be similarly prorated if the Expiration Date does not fall on the last day of the month. Base Rent shall accrue on a monthly basis, but shall not be payable by Tenant until (i) Tenant's purchase of the Premises pursuant to the Purchase Option described in Article XXII, (ii) a Tenant default beyond applicable notice and cure periods under Article XV hereof, or, if Tenant exercises the Purchase Option, under the Purchase Agreement attached hereto as Exhibit E, or (iii) the Lease otherwise terminates or expires without Tenant having exercised the Purchase Option. Upon any default beyond applicable notice and cure periods, all accrued Base Rent shall be immediately due and payable and thereafter, any Base Rent coming due shall be immediately payable notwithstanding the delayed payment contemplated by this Section 4.01. Upon Tenant's exercise of the Purchase Option, all Base Rent accrued and owing through the date of Tenant's exercise of the Purchase Option shall be deemed earned and shall become due and payable, but Tenant may pay such accrued Base Rent, together with any additional base rent which such fractional month occurs. All other payments or adjustments required to be made under accrues thereafter, at the Closing, in accordance with the terms of the Purchase Agreement. Thereafter, Tenant shall pay Base Rent in advance on the first day of each month during the Term hereof (as extended) until the sooner of the closing under the Purchase Agreement or expiration of the Term and Tenant's surrender of the Premises in accordance with the requirements of this Lease. Base Rent and other payments pursuant to this Lease that require proration shall not be credited to the purchase price under the Purchase Agreement. Tenant shall pay holdover rent in accordance with Section 21.03 hereof if Tenant does not acquire the Premises pursuant to the Purchase Agreement and holds over beyond the expiration of the Term of this Lease or does not surrender the Premises in the condition required by this Lease on a time basis shall be prorated on or before the same basis. For expiration of the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateTerm.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Laidlaw Energy Group, Inc.), Purchase and Sale Agreement (Laidlaw Energy Group, Inc.)

Base Rent. Commencing Tenant agrees to pay monthly as base rent during the term of this Lease the sum of money set forth in Section 1.4 of this Lease, which amount shall be payable to Landlord at the address shown above. One monthly installment of rent shall be due and payable on the date of execution of this Lease by Tenant for the first month's rent and a like monthly installment shall be due and payable on or before the first day of each calendar month succeeding the Rent Commencement Date during the term of this Lease; provided, if the Rent Commencement Date should be a date other than the first day of a calendar month, the monthly rental set forth above shall be prorated to the end of that calendar month, and all succeeding installments of rent shall be payable on or before the first day of each succeeding calendar month during the term of this Lease. Tenant shall pay, as additional rent, all other sums due under this Lease. Notwithstanding anything in this Lease to the contrary, if Landlord, for any reason whatsoever (other than Tenant's default), cannot deliver possession of the Premises to the Tenant on the Rent Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, nor shall pay, without notice or demand, to Landlord at the address set forth in Section 3 expiration of the Summaryterm be extended, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base but all rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent abated until Landlord delivers possession. All base rent, additional rent and other sums payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect pursuant to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubtare payable without demand and without any reduction, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateabatement, counterclaims or setoff.

Appears in 2 contracts

Samples: Basic Lease Terms (Insignia Systems Inc/Mn), Insignia Systems Inc/Mn

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth on Page 1 of this Lease. The first month’s Base Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month succeeding the Commencement Date, . Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant shall pay, without notice or demand, to Landlord at the address set forth hereunder (or to such other party as Landlord may from time to time specify in Section 3 writing) shall be made by check or by Electronic Fund Transfer (“EFT”) of the Summaryimmediately available federal funds before 11:00 a.m., or Eastern Time at such other place place, within the continental United States, as Landlord may from time to time designate to Tenant in writing. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any rent due hereunder except as may be expressly provided in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease. If Tenant is delinquent in any monthly installment of Base Rent or of estimated Operating Expenses for more than 5 days, Tenant shall deliver pay to Landlord an amount on demand a late charge equal to $475,149.74, which amount five percent (5%) of such delinquent sum. The provision for such late charge shall be comprised in addition to all of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); Landlord’s other rights and (ii) the Estimated Expenses (remedies hereunder or at law and shall not be construed as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datepenalty.

Appears in 2 contracts

Samples: Lease Agreement (Virobay Inc), Lease Agreement (Virobay Inc)

Base Rent. Commencing Tenant agrees to pay Landlord a total base rent ("Annual Base Rent") of Eight Hundred Eighty Three Thousand Two Hundred Three and No/100 Dollars ($833,203.00 ) payable in equal monthly installments ("Monthly Base Rent") of Seventy Three Thousand Six Hundred and 25/100 Dollars ($73,600.25) per month without any offset or deduction whatsoever. Monthly Base Rent shall be payable in advance on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at first day of each month during the address set forth in Section 3 term of the Summary, or at such other place as Landlord may from time to time designate in writingthis Lease, in currency or a check for currency which, at the time lawful money of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as and shall be made at the address of Landlord set forth in Section 8 of the Summary, payable in equal monthly installments above or elsewhere as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoeverdesignated by Landlord's written notice. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of If the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If shall commence on any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental Tenant shall pay Landlord, on said commencement date, rent as provided for any herein for such fractional commencement month shall be on a proportionate amount of a full calendar month’s rental pro rata basis calculated based on the proportion that the number of days in such fractional month bears to the actual number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under commencement month, and the terms Monthly Base Rent paid by Tenant, if any, upon execution of this Lease that require proration on a time basis shall be credited to the Monthly Base Rent due for the first full calendar month of the Lease Term. Rent for any such partial month of occupancy at the end of the term of this Lease will be prorated to be based on the same basisactual number of days in the partial month. For In addition to Monthly Base Rent, Tenant shall pay Landlord in advance on the avoidance first day of doubteach month, Tenant’s obligation a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed in connection with renting the Premises or upon the amount of rent collected therefor. Said amounts shall be treated and collectible as rent. Nothing herein shall be taken to require Tenant to pay any part of any Federal or State taxes imposed upon the income of Landlord. Tenant shall be required to pay Landlord interest on any rent due that remains unpaid for five (5) days after its due date. Said interest will be computed from the payment of due date at the maximum rate allowed by law. The Annual Base Rent and Monthly Base Rent due from Tenant shall commence on the Rent Commencement Datebe adjusted as provided elsewhere in this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (BMS Distributing Corp.), Office Lease Agreement (Claires Stores Inc)

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth on the first page of this Lease The Base Rent Commencement Datefor calendar month November 2000 and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and, subject to Exhibit H. Tenant shall paypromises to pay to Landlord in advance, without notice or demand, to Landlord at the address set forth in Section 3 of the Summarydeduction or set-off, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent on or before the Rent Commencement Date and, thereafter, the first day of each calendar month succeeding the Commencement Date Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Base Rent and every month during other sums to Landlord and the obligations of Landlord under this Lease Termare independent obligations. Tenant shall have no right at any time to xxxxx, without reduce, or set-off any setoff or deduction whatsoeverrent due hereunder except where expressly provided in this Lease. Concurrently with Tenant’s execution Tenant acknowledges that late payment by Tenant to Landlord of any rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to determine. Therefore, if Tenant is delinquent in any monthly installment of Base Rent, estimated Operating Expenses or other sums due and payable hereunder for more than five (5) days, Tenant shall deliver pay to Landlord an amount on demand a late charge equal to $475,149.74, which amount shall be comprised five percent (5%) of such delinquent sum. The parties agree that such late charge represents a fair and reasonable estimate of the following: (i) the Base Rent payable costs that Landlord will incur by reason of such late payment by Tenant for Notwithstanding the Premises for foregoing, the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date late fee referenced above shall not be charged with respect to the Base Rent or the Rent Commencement Date with respect first two (2) occurrences (but not any subsequent occurrence) during any 12-month period that tenant fails to Estimated Expensesmake payment when due, until five (5) falls on a day of the month other than the first day days after Landlord delivers written notice of such month or if any rental payment is delinquency to Tenant. The provision for a period which is shorter than one month, then the rental for any such fractional month 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 a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datepenalty.

Appears in 2 contracts

Samples: Lease Agreement, Part of Lease Agreement (Rackspace Inc)

Base Rent. Commencing on Throughout the Rent Commencement DateLease Term, Tenant shall paypay Base Rent in the amount set forth above. Tenant promises to pay to Landlord in advance, without notice or demand, to Landlord at the address set forth in Section 3 of the Summarydeduction or set-off, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent and Additional Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during commencing on the Lease Term, without any setoff or deduction whatsoeverCommencement Date. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of If the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent commences or the Rent Commencement Date with respect to Estimated Expenses) falls expires on a day of the month date other than the first day or the last day of such month or if any rental payment is for a period which is shorter than one calendar month, respectively, then the rental Rent payable for any such fractional partial calendar month shall be a proportionate an amount equal to the monthly installment of a full calendar month’s rental based on the proportion that the number of days Rent otherwise then in such fractional month bears to effect, divided by the number of days in the full calendar month during which such fractional the Lease Term commences or expires, respectively, and multiplied by the number of days in the partial calendar month occursafter and including the Commencement Date or before and including the date of expiration, respectively, and provided further that the Rent for any partial calendar month at the commencement of the Initial Lease Term shall be payable on the first day of the first full calendar month during the Lease Term. All sums, liabilities, obligations and other amounts which Tenant is required to pay or discharge pursuant to this Lease in addition to Base Rent, including without limitation assessments or common area maintenance charges due and payable to any applicable ownership associations, together with any interest, penalty, or other sum which may be added for late payment thereof, shall constitute additional rent hereunder (herein called "Additional Rent"). In the event of any failure on the part of Tenant to pay or discharge any of the foregoing, Landlord shall have all rights, powers and remedies provided for herein (or by law or equity or otherwise) in the case of nonpayment of Base Rent. All payments or adjustments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Base Rent and Additional Rent (sometimes hereinafter collectively referred to as "Rent") and the obligations of Landlord under the terms of this Lease that require proration on a are independent obligations. Tenant shall have no right at any time basis shall be prorated on the same basis. For the avoidance of doubtto xxxxx, Tenant’s obligation for the payment of Base reduce, or set-off any Rent shall commence on the Rent Commencement Datedue hereunder.

Appears in 2 contracts

Samples: Lease (Blue Rhino Corp), Lease (Blue Rhino Corp)

Base Rent. Commencing Subject to any Tenant Delay (which would result in Tenant paying Rent attributable to the number of days of Tenant Delay, as set forth below, offset day for day by the number of days of delay caused by Landlord), Tenant Allowance (as defined in the Work Letter) credits or other provisions set forth in this Lease, commencing on the Phase One Rent Commencement Date, and Phase Two Rent Commencement Dates, respectively, and throughout the Term of this Lease, Tenant shall pay, without notice or demand, pay base rental for the Premises to Landlord at as defined in the address Schedule above in equal monthly installments, ( the “Base Rent”) (Base Rent and Additional Rent, as defined below, are hereinafter collectively referred to as “Rent”). Notwithstanding the foregoing, if Landlord is unable to deliver possession of the Phase One Premises to Tenant on or before January 1, 2004 due to a Tenant Delay, then in addition to the Phase One Rent Commencement Date obligations, Tenant shall pay Landlord on the Phase One Rent Commencement Date, Base Rent only in the amount attributable to the number of days in the Tenant Delay as Landlord’s sole remedy therefor. Landlord shall deliver possession of the Phase One Premises to Tenant upon substantial completion of the improvements thereto. If Landlord substantially completes the Phase One Premises prior to January 1, 2004, and/or the Phase Two Premises prior to December 1, 2004, and Tenant or its approved subtenant occupies either of such Premises, Tenant’s or its approved subtenant’s early occupancy of the Phase One Premises and Phase Two Premises shall be upon all of the terms and conditions of this Lease except, as to the applicable space, Tenant shall pay no Base Rent or Additional Rent with respect to such early occupancy period, but Tenant shall be liable for the cost of utilities consumed by Tenant in the Phase One Premises and/or Phase Two Premises prior to January 1, 2004 and December 1, 2004, respectively. Should the Phase Two Rent Commencement Date be delayed beyond December 1, 2004 as the result of a Tenant Delay, then in addition to the Phase Two Rent Commencement Date obligations, Tenant shall pay Landlord on the Phase Two Rent Commencement Date, Base Rent only in the amount attributable to the number of days in the Tenant Delay for the Phase Two Premises as Landlord’s sole remedy therefor. Unless otherwise set forth in Section 3 this Lease, each monthly installment of Rent shall be due and payable promptly on the first day of each month, in advance, during the Term of this Lease. Tenant shall pay to Landlord all Base Rent, Additional Rent, and all other charges due and owing by Tenant under this Lease without, counterclaim, deduction, prior demand, or set off, in legal tender; provided, that the foregoing is not intended to waive Tenant’s rights against Landlord at law or in equity in the event of a breach by Landlord hereunder beyond applicable notice and cure periods. In the event that the Phase One Rent Commencement Date or Phase Two Commencement Date shall commence on a date other than the first day of the Summarymonth, Rent for such month shall be prorated and such prorated amount (which shall be equal to the monthly Base Rent stated above and Additional Rent multiplied by a fraction, the numerator of which shall be the number of days from the Phase One Rent Commencement Date or the Phase Two Rent Commencement Date, as applicable, through the end of such month, inclusive of both days, and the denominator of which shall be the number of days in such month) shall be due and payable on the Phase One Rent Commencement Date and (unless otherwise provided in this Lease) Phase Two Rent Commencement Date, respectively. All payments of Rent or any other sum due under this Lease shall be made payable to “Xxxxxx New Manchester Building One, L.L.C.” and shall be delivered by Tenant to Landlord, on or before the due date, as follows: c/o Carter & Associates 0000 Xxxxxxxxx Xxxxxx, X.X. Xxxxxxx, Xxxxxxx 00000 or at such other place as Landlord may designate from time to time designate in writingwriting to Tenant. Tenant shall be entitled to rely on any instructions from Landlord’s lenders to make payment of Rent to such lenders, in currency or lieu of Landlord, without Tenant incurring any liability to Landlord therefor and in such event, shall satisfy Tenant’s corresponding Rent obligations to Landlord in such paid amounts. In the event Tenant shall fail to pay a monthly installment of Rent within five (5) days of the due date, a late charge of one percent (1%) of the amount due shall be paid to Landlord for each such late payment and the same shall be treated as Additional Rent. In addition, in the event that any check from Tenant for payment due under this Lease is returned by a bank for any reason, Tenant shall pay to Landlord a returned check charge of One Hundred Dollars ($100.00) together with such other fee charged by the bank returning the check. Should Tenant present a check to Landlord that is returned from Tenant’s bank for currency whichany reason, at Landlord reserves the time of payment, is legal tender for private or public debts right to demand that all future rental payments be made in the United States form of Americacashiers’ checks. Tenant also agrees to pay Landlord interest at a rate of ten percent (10%) per annum (or, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafterany event hereunder, the first day maximum rate permitted by Applicable Law, whichever is less) on all Rent or other sums due hereunder that are not paid when such amounts are due and payable. All late charges, any returned check charges and any interest shall become Additional Rent and shall be due and payable immediately along with such other Rent or other sums due hereunder then in arrears. Nothing contained herein shall require Landlord to accept any tender of each payment from Tenant for less than the full amount then due under this Lease, including any and every month during all interest and attorneys’ fees that may then be due from Tenant in accordance with the Lease Termexpress terms of this Lease. Landlord may elect to accept less than the full amount then due from Tenant hereunder; however, without no payment by Tenant or receipt by Landlord of such lesser amount shall be deemed to be other than payment on account, and no restrictive endorsement or statement on any setoff check or deduction whatsoever. Concurrently with Tenant’s execution payment shall be deemed to alter the express provisions of this Lease, nor constitute an accord and satisfaction. Landlord may accept less than the full amount then due from Tenant shall deliver without prejudice to Landlord’s right to recover the balance of the full amount then due, or to pursue any other remedies then available to Landlord an amount equal under this Lease or Applicable Law. In all events, including but not limited to $475,149.74Landlord’s acceptance of a partial payment from Tenant, which amount any payment accepted by Landlord from Tenant may be applied first to retire the oldest receivables due from Tenant hereunder, then to any current rental or other payment then due hereunder, and the balance, if any, will be returned promptly to Tenant. Any payments or charges due from Tenant to Landlord under this Lease shall be comprised of the following: (i) the Base considered Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms all purposes of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateLease.

Appears in 2 contracts

Samples: Industrial Lease Agreement, Industrial Lease (Wells Real Estate Investment Trust Ii Inc)

Base Rent. Commencing on the Rent applicable Lease Commencement DateDate (as the same may be delayed by the express provisions of this Lease), as set forth in Section 3.2 of the Summary, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or by wire transfer to the address set forth in Section 3 11 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check or wire transfer for currency currency, which, at the time of payment, is legal tender for private or public debts in the United States of America, the applicable base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverwhatsoever except as expressly set forth elsewhere in this Lease. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to provide Landlord an amount equal to with $475,149.741,860,000.00 as payment for the Base Rent for the minimum size of the Phase I Premises for the first full month of the Lease Term, which amount shall be comprised adjusted to the actual amount of the following: (i) the Base Rent payable by Tenant for the Phase I Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month concurrently with Tenant’s delivery of the Lease Term (i.e., $91,597.86)Phase Designation Notice. If any rental Rent payment date (including the any Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

Base Rent. Commencing Lessee shall pay to Lessor Base Rent on each Rent Payment Date during the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at Base Term in the address amount set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) ” column on Schedule 3.1 attached hereto and incorporated herein, and shall pay to Lessor Base Rent on each Rent Payment Date during any Renewal Term as prescribed by Article 5. Notwithstanding the payment schedule for Base Rent for the Base Term as set forth in Section 8 on Schedule 3.1, the amounts of rent (other than Supplemental Rent) on account of the Summaryuse of the Property which are allocated to each semi-annual period ending on August 14 or February 14 (for purposes of this Section 3.1 and Section 3.6, payable in a “semi annual period”) during the Base Term shall equal monthly installments as the amounts set forth in Section 8 the column of Schedule 3.1 titled “Allocated Rent” for such period. To the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) extent the Base Rent payable by Tenant in any semi-annual period exceeds the Allocated Rent for such period, the Premises for amount of such excess shall be treated as a reduction in the first (1st) full month of the Lease Term following the cumulative Deferred Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) for all prior semi-annual periods, and to the extent such excess exceeds the cumulative Deferred Rent for all prior semi-annual periods (the “Prepaid Rent”), the amount of such Prepaid Rent shall thereafter be treated as a reduction in the amount by which the Allocated Rent for future semi-annual periods exceeds the Base Rent payable in such semi-annual periods. To the extent that the Allocated Rent for any semi-annual period exceeds the Base Rent payable in such semi-annual period, the amount of such excess shall be treated as a reduction in cumulative Prepaid Rent (as defined above) for all prior semi-annual periods, and to the extent such excess exceeds the cumulative Prepaid Rent for all prior semi-annual periods (the “Deferred Rent”), the amount of such Deferred Rent shall thereafter be treated as a reduction in the amount by Tenant which the Base Rent payable in future semi-annual periods exceeds the Allocated Rent for such semi-annul periods. Neither the Premises Prepaid Rent nor the Deferred Rent will bear interest. Lessor shall have no obligation to apply the Prepaid Rent to offset any obligation of Lessee other than Lessee’s liability for Allocated Rent. Lessee shall have no obligation to make any payment to Lessor on account of Allocated Rent other than the first (1st) full month scheduled payments of Base Rent. The allocation of Allocated Rent is intended to constitute a specific allocation of rent under Treasury Regulation Section 1.467-1(c)(2)(ii)(A), and the existence, timing, and amount of, and any adjustments to, Allocated Rent, Prepaid Rent and Deferred Rent are intended to be utilized solely for such purpose. Notwithstanding anything herein to the contrary, neither the existence or amount of, or timing of adjustments to, Allocated Rent, Prepaid Rent or Deferred Rent shall in any way affect the timing, amount or unconditional nature of Lessee’s obligations to pay Base Rent or any other amounts payable under this Lease Agreement. In the event of any other termination of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect prior to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day scheduled expiration of the month Base Term, regardless of whether caused by the acts or omissions of Lessee or otherwise, then in addition to (and not in substitution for) any other than rights and remedies to which Lessor may be entitled under this Agreement or otherwise, Lessor shall be entitled to retain the first day then unapplied portion of the Prepaid Rent in consideration for the loss incurred by Lessor as a result of such month or if any rental payment early termination of the Lease, it being agreed by the parties hereto that such portion of the Prepaid Rent and such other rights and remedies to which Lessor is for then entitled reflect the loss incurred by Lessor as a period which is shorter than one month, then the rental for any result of such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateearly termination.

Appears in 2 contracts

Samples: Lease Agreement (Vistra Energy Corp), Lease Agreement (Vistra Energy Corp)

Base Rent. Commencing In consideration of the lease of the Premises pursuant to this Lease, Tenant shall pay Base Rent in the applicable amount set forth in Article I payable in equal monthly installments of one-twelfth of the annual Base Rent, which shall be paid without offset or deduction for any reason (except as otherwise expressly provided in this Lease), in advance, on the Rent first day of each calendar month during the Term hereof, subject to the following, and also on the Term Commencement Date, should it be on any day other than a first day of the month, a proportionate part of the monthly Base Rent shall be paid for such month. Notwithstanding the foregoing, Tenant shall pay(i) have no obligation to pay Base Rent that would otherwise be payable during the first five (5) months of the Lease Term (the “Initial Free Rent Period”), without notice or demandand (ii) receive an abatement of fifty percent (50%) of the next successive thirteen (13) months of Base Rent that would otherwise be payable during the next successive thirteen (13) months of the Lease Term (the “Partial Rent Abatement Period”). During the Initial Free Rent Period, the free rent set forth above is for Base Rent and Additional Rent for Taxes and/or Operating Costs; provided that in all events Tenant shall pay the cost of utilities supplied to the Premises during the Initial Free Rent Period and for any services directly contracted for by the Tenant. During the Partial Rent Abatement Period, the rent abatement set forth above is for Base Rent only and Tenant shall pay all Additional Rent, including but not limited to Additional Rent for Taxes and/or Operating Costs, and for the cost of utilities supplied to the Premises during the Partial Rent Abatement Period and for any services directly contracted for by the Tenant. Base Rent and Additional Rent shall be paid when due hereunder either (a) by wire transfer and/or an “electronic funds transfer” system (“EFT”) arranged by and among Tenant, Tenant’s bank and Landlord with Tenant submitting to Landlord at the address set forth in Section 3 time of Tenant’s execution and delivery of this Lease to Landlord a completed ACH electronic fund transfer form similar to the Summaryone attached hereto as Exhibit D and sufficient to allow Landlord to make such transfers, or (b) by check sent to Landlord’s office at Landlord’s Address or at such other place as Landlord may shall from time to time designate in writing. If Tenant is using checks, rent checks shall be made payable to or as Landlord may designate from time to time in currency or a check for currency which, at writing. The parties hereto acknowledge and agree that the time of payment, is legal tender for private or public debts in the United States of America, base obligations owing by Tenant under this Section are rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of reserved under this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74for all purposes hereunder, which amount shall be comprised and are rent reserved within the meaning of Section 502(b)(6) of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If Bankruptcy Code or any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datesuccessor provision thereto.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Quanterix Corp)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall paypay to Landlord, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during of the Lease Term, without any setoff further notice or demand and without abatement, offset (except as expressly set forth herein), rebate, credit or deduction for any reason whatsoever, the monthly installments of rent specified in the Basic Lease Information (the “Base Rent”). Concurrently with Tenant’s Upon execution of this Lease, Tenant shall deliver pay the Prepaid Base Rent, specified in the Basic Lease Information to Landlord an amount equal be applied toward Base for the month of the Term specified in the Basic Lease Information. Notwithstanding anything herein to $475,149.74the contrary, which amount Tenant shall be comprised excused from the obligation of the following: (i) paying the Base Rent payable by Tenant (but not any other amounts) due hereunder for the Phase I Premises for the first six (1st6) full month of the Lease Term calendar months following the Rent Commencement Date (i.e.expected to be April through September 2019), in the aggregate amount of $383,551.882,130,026.52 (the “Excused Base Rent”); and (ii) . However, should a Default occur prior to the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month application of the Lease Term (i.e.Excused Base Rent, $91,597.86). If any rental payment date (including then such application of the Lease Commencement Date with respect to the Excused Base Rent or shall be tolled until such time as the Rent Commencement Date with respect Default is cured, and in the event that Landlord properly exercises Landlord’s remedy to Estimated Expenses) falls on terminate this Lease pursuant to Paragraph 25 below as a day result of the month other than the first day of such month or if any rental payment is for a period which is shorter than one monthDefault by Tenant, then the rental for any such fractional month Pro-Rated Excused Base Rent shall no longer be excused and shall become an obligation of Tenant hereunder, and Landlord shall be a proportionate amount entitled to seek recovery of a full calendar month’s rental based on the proportion that Pro-Rated Excused Base Rent as part of the number of days in such fractional month bears damages to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required Landlord is otherwise entitled pursuant to be made under the terms of this Lease that require proration on a time basis Lease. As used herein, the term “Pro-Rated Excused Base Rent” shall be prorated on mean an amount computed by dividing the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Excused Base Rent shall commence on by one hundred twenty (120) and then multiplying the Rent Commencement Dateresulting quotient by the number of months which would have remained in the Term as of the month of such Default by Tenant hereunder.

Appears in 2 contracts

Samples: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)

Base Rent. Commencing on Throughout the Rent Commencement DateLease Term, Tenant shall paypay Base Rent in the amount set forth above. Tenant promises to pay to Landlord in advance, without notice or demand, to Landlord at the address deduction or set-off (except as expressly set forth in Section 3 of the Summaryherein), or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent and Additional Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during commencing on the Lease Term, without any setoff or deduction whatsoeverCommencement Date. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of If the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent commences or the Rent Commencement Date with respect to Estimated Expenses) falls expires on a day of the month date other than the first day or the last day of such month or if any rental payment is for a period which is shorter than one calendar month, respectively, then the rental Rent payable for any such fractional partial calendar month shall be a proportionate an amount equal to the monthly installment of a full calendar month’s rental based on the proportion that the number of days Rent otherwise then in such fractional month bears to effect, divided by the number of days in the full calendar month during which such fractional the Lease Term commences or expires, respectively, and multiplied by the number of days in the partial calendar month occursafter and including the Commencement Date or before and including the date of expiration, respectively, and provided, further that the Rent for any partial calendar month at the commencement of the initial Lease Term shall be payable on the first day of the first full calendar month during the Lease Term. All sums, liabilities, obligations and other amounts which Tenant is required to pay or discharge pursuant to this Lease in addition to Base Rent, including without limitation Tenant’s Proportionate Share of the Site Operating Costs (as hereinafter defined), together with any interest, penalty, or other sum which may be added for late payment thereof, shall constitute additional rent hereunder (herein called “Additional Rent”). In the event of any failure on the part of Tenant to pay or discharge any of the foregoing, after the expiration of all applicable notice and cure periods (if any), Landlord shall have all rights, powers and remedies provided for herein (or by law or equity or otherwise) in the case of nonpayment of Base Rent. All payments or adjustments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Base Rent and Additional Rent (sometimes hereinafter collectively referred to as “Rent”) and the obligations of Landlord under the terms of this Lease that require proration on a are independent obligations. Tenant shall have no right at any time basis shall be prorated on the same basis. For the avoidance of doubtto axxxx, Tenant’s obligation for the payment of Base reduce, or set-off any Rent shall commence on the Rent Commencement Datedue hereunder, except as specifically provided herein.

Appears in 2 contracts

Samples: Lease (Ulta Salon, Cosmetics & Fragrance, Inc.), Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth on the second page of this Lease, subject to adjustment in the event the Remeasurement reveals that the Premises consist of less than fifteen thousand (15,000) square feet. The first month’s Base Rent Commencement Dateand the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant shall paypromises to pay to Landlord in advance, without notice or demand, to Landlord at the address set forth in Section 3 of the Summarydeduction or set-off, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following succeeding the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month Date. Payments of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional calendar month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occursprorated. All other payments or adjustments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify. from time to time by written notice delivered in accordance herewith. Any change in the address for payment of rent shall be delivered by Landlord to Tenant at least fifteen (15) days prior to the effective date of such change in address. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under the terms of this Lease are independent obligations. Tenant shall have no right at any time to axxxx, reduce, or set-off any rent due hereunder except where expressly provided in this Lease. Tenant acknowledges that require proration on late payment by Tenant to Landlord of any rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such casts being extremely difficult and impractical to determine. Therefore, if Tenant is delinquent in any monthly installment of Base Rent, Operating Expenses or other sums due and payable hereunder after five (5) days from Tenant’s receipt of notice from Landlord that such payment is past due, Tenant shall pay to Landlord a time basis late charge equal to five percent (5%) of such delinquent sum. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of such late payment by Tenant. The provision for such late charge shall be prorated on the same basis. For the avoidance in addition to all of doubt, TenantLandlord’s obligation for the payment of Base Rent other rights and remedies hereunder or at law and shall commence on the Rent Commencement Datenot be construed as a penalty.

Appears in 2 contracts

Samples: Sublease (MetaMorphix Inc.), Lease Agreement (MetaMorphix Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 4.2 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writingby delivering written notice to Tenant at Tenant’s notice address as set forth herein, in currency or by a check or wire transfer for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following shall be paid at the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month time of the Lease Term (i.e., $91,597.86)Xxxxxx’s execution of this Lease. If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary in this Lease, Tenant may at its election pay any Rent to Landlord by electronic transfer and Landlord shall provide Tenant with ACH information upon request from Tenant. Notwithstanding the foregoing or anything to the contrary herein, provided Tenant is not then in default under this Lease (beyond the expiration of doubtany applicable notice and cure period), Tenant shall not be obligated to pay fifty percent (50%) of the Base Rent and fifty percent (50%) of Tenant’s obligation for Share of Direct Expenses due under this Lease during months one (1) through twelve (12) of the payment of Base Rent initial Lease Term; provided, however, Tenant shall commence on be obligated upon the Rent Lease Commencement Date, and for all periods thereafter, to pay all other Additional Rent payable under this Lease including, without limitation, parking charges.

Appears in 2 contracts

Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Base Rent. Commencing on In addition to Tenant’s obligation to pay Base Rent for the Rent Commencement DateOriginal Premises, during the Temporary Space Term, Tenant shall paypay Landlord the sum of $11,603.00 per month as Base Rent for the Temporary Space, without notice or demandplus applicable state sales and use taxes, to Landlord at the address set forth in Section 3 of the Summary, or at with each such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, installment payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease period beginning on the Temporary Space Effective Date and ending on the Temporary Space Termination Date, prorated for any partial month within the Temporary Space Term. All such Base Rent, without any setoff or deduction whatsoeverplus applicable state sales and use taxes, shall be payable by Tenant in accordance with the terms of the Lease. Concurrently with Tenant’s execution of Notwithstanding anything to the contrary in this LeaseSection 2, Tenant shall deliver be entitled to Landlord an amount equal to $475,149.74, which amount shall be comprised abatement of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Premises in the monthly amount of $11,603.00 per month for the Temporary Space Term (collectively, the “Abated Base Rent Rent”). However, if Landlord desires to lease the Expansion Space to Tenant and Landlord and Tenant have not entered into a lease amendment for the Expansion Space on or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one monthbefore August 31, 2012, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of all Abated Base Rent shall commence immediately become due and payable, and notwithstanding anything in Section 1 above to the contrary, the Temporary Space Termination Date shall be September 30, 2012. If Landlord elects not to lease the Expansion Space to Tenant, Tenant may continue to lease the Temporary Space on a month to month basis, but shall no longer be entitled to the Abated Base Rent, and Tenant shall pay Base Rent Commencement Datefor the Temporary Space, effective immediately upon Landlord’s notice to Tenant. Only Base Rent shall be abated pursuant to this Section, as more particularly described herein, and Tenant’s Share of Expenses and Taxes and all other rent and other costs and charges specified in the Lease, as amended hereby, shall remain as due and payable pursuant to the provisions of the Lease, as amended hereby.

Appears in 2 contracts

Samples: Office Lease Agreement (GoPro, Inc.), Office Lease Agreement (GoPro, Inc.)

Base Rent. Commencing on the Rent Commencement Date, 3.1. Tenant shall pay, without notice prior notice, demand, setoff or demanddeduction, to Landlord or Landlord’s agent at the address set forth in Section 3 10 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 9 of the Summary, payable in equal monthly installments as set forth in Section 8 9 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first (1st) day of each and every calendar month during the Lease Term, without any abatement, setoff or deduction whatsoever. Concurrently In accordance with Tenant’s execution of Section 29.25, this Lease, Article 3 shall be construed as though the covenants herein between Landlord and Tenant are independent and Tenant shall deliver not be entitled to any setoff of the Rent or other amounts owing to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the under this Article 3. The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following which occurs after the expiration of any free rent period (the “Initial Base Rent”) shall be paid on or before November 10, 2008 (the “Initial Base Rent Commencement Payment Date”). Notwithstanding anything to the contrary contained in this Lease, including without limitation, Section 19.1(a) below, Tenant’s failure to pay the Initial Base Rent on or before the Initial Base Rent Payment Date (i.e., $383,551.88); shall constitute a Default of Tenant without need for additional notice and (ii) opportunity to cure and interest shall accrue on any late payment of Initial Base Rent at the Estimated Expenses (as defined Default Rate without regard to any grace period provided under Section 25 below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be calculated on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/30th of the applicable monthly Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 2 contracts

Samples: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)

Base Rent. Commencing on the Rent Commencement Date, 3.1 Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of AmericaAmerica or, if directed by Landlord by electronic funds transfer or similar wire transaction pursuant to instructions provided by Landlord, base rent (“Base Rent”) as set forth in Section 8 4A of the Summary, Summary payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Base Rent and Additional Rent shall together be denominated “Rent.” Without limiting the avoidance of doubtforegoing, Tenant’s obligation for the payment of Base to pay Rent shall commence not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Rent Commencement DatePremises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover rent. Tenant’s covenants contained herein are independent and not dependent, and Tenant hereby waives the benefit of any statute or judicial law to the contrary.

Appears in 2 contracts

Samples: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)

Base Rent. Commencing on Tenant agrees to pay monthly as base rent during the Rent Commencement Dateterm of this Lease the sum of money set forth in Section 1.6 of this Lease, Tenant which amount shall pay, without notice or demand, be payable to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, shown above. One monthly installment shall be due and payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month succeeding the Commencement Date during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution term of this Lease; provided, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of if the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment should be a date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the monthly rental set forth above shall be prorated to the end of that calendar month, and all succeeding installments of rent shall be payable on or before the first day of each succeeding calendar month during the term of this Lease. Tenant shall pay, as additional rent, all other sums due under this Lease. Notwithstanding anything in this Lease to the contrary, if Landlord, for any such fractional month reason whatsoever (other than Tenant's default), cannot deliver possession of the Premises to the Tenant on the Commencement Date, substantially complete and ready for Tenant's occupancy, this Lease shall not be void or voidable, nor shall Landlord be liable for any loss or damage resulting therefrom, nor shall the expiration of the term be extended, but all rent and additional rent shall be abated until Landlord delivers possession; provided that if the Premises are not substantially complete and ready for Tenant's occupancy by the later of: (i) September 1, 1995, or (ii) the date one hundred twenty (120) days after Landlord secures a proportionate amount building permit from the City of a full calendar month’s rental based on Arden Hills, which Landlord shall diligently pursue, (except by reason of force majeure or Tenant caused delays, including failure to approve plans and specifications for the proportion that Premises by April 12, 1995, in which case such date shall be extended by the number of days equal to the delays caused by Tenant), Landlord shall pay to Tenant, as a credit against the first installments of rent and additional rent payable hereunder, an amount equal to $500.00 for each day thereafter until the Premises are substantially complete and ready for Tenant's occupancy; and provided that if the Premises are not substantially complete and ready for Tenant's occupancy on or before October 1, 1995 (except by reason of force majeure or Tenant caused delays, in which case such fractional month bears to date shall be extended by the number of days equal to the delays caused by Tenant), Tenant shall have the option, in the calendar month during which such fractional month occurs. All other payments or adjustments required its absolute and unfettered discretion, to be made under the terms of terminate this Lease that require proration by written notice to Landlord given at any time prior to substantial completion of the Premises and Tenant taking occupancy of the Premises. In the event Landlord, despite due diligence, is unable to secure a building permit by May 15, 1995, Landlord shall so notify Tenant, and either Landlord or Tenant may thereafter terminate this Lease by written notice to the other, given on a time basis shall be prorated on the same basis. For the avoidance of doubtor before May 25, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date1995.

Appears in 2 contracts

Samples: Fair Isaac & Company Inc, Fair Isaac & Company Inc

Base Rent. Commencing on Rent and other charges under the Rent Commencement Date, Tenant Leases (to the extent such monies have actually been collected by Seller) shall pay, without notice or demand, to Landlord at be for the address set forth in Section 3 account of Seller for the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at period through the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or day before the Rent Commencement Date andClosing, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses except that Additional Rents (as defined below) payable by Tenant for shall be prorated in accordance with Section 11.5 (b) below. Rent and other charges under the Premises for the first (1st) full month Leases that are delinquent as of the Lease Term Closing shall not be prorated, and rents and other amounts received by Buyer within twelve (i.e.12) months following the Closing from any tenant owing such delinquent rent or other charges shall be applied (i) first, $91,597.86). If any rental payment date (including the Lease Commencement Date to Buyer’s actual out-of-pocket costs of collection incurred with respect to such tenant; (ii) second, to rents due from such tenant for the Base Rent or month in which such payment is received by Buyer; (iii) third, to rents attributable to any period after the Rent Commencement Date with respect Closing which are past due on the date of receipt; (iv) fourth, to Estimated Expenses) falls on a day rents and other charges delinquent as of the month other than Closing (and Buyer promptly shall remit such amounts to Seller); and (v) finally, the first day of such month or remainder, if any rental payment is for a period which is shorter than one monthany, then the rental for shall be retained by Buyer. Buyer agrees that it shall use commercially reasonable efforts to collect any such fractional delinquent rents (provided, however, that Buyer shall have no obligation to institute legal proceedings, including an action for unlawful detainer, against a tenant owing delinquent rents). After such twelve (12) month period mentioned above, all rents received by Buyer shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days retained by Buyer and Seller shall have no interest in the calendar month during which same. Seller may pursue collection of any rents that were past due as of the Closing, provided Seller shall have no right to terminate any Lease or any tenant’s occupancy under such fractional month occursapplicable Lease in connection therewith. All other payments or adjustments required Seller agrees to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation deliver to Buyer any rents received by Seller for the payment of Base Rent shall commence on period from and after the Rent Commencement Closing Date.

Appears in 2 contracts

Samples: Purchase and Sale Agreement and Escrow Instructions, Purchase and Sale Agreement and Escrow Instructions (Zynga Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 4.2 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writingby delivering written notice to Tenant at Tenant’s notice address as set forth herein, in currency or by a check or wire transfer for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary in this Lease, Tenant may at its election pay any Rent to Landlord by electronic transfer and Landlord shall provide Tenant with ACH information upon request from Tenant. Notwithstanding the foregoing or anything to the contrary herein, provided Tenant is not then in default under this Lease (beyond the expiration of doubtany applicable notice and cure period), Tenant shall not be obligated to pay fifty percent (50%) of the Base Rent and fifty percent (50%) of Tenant’s obligation for Share of Direct Expenses due under this Lease during months one (1) through twelve (12) of the payment of Base Rent initial Lease Term; provided, however, Tenant shall commence on be obligated upon the Rent Lease Commencement Date, and for all periods thereafter, to pay all other Additional Rent payable under this Lease including, without limitation, parking charges.

Appears in 2 contracts

Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Base Rent. Commencing on The first month’s Base Rent and Operating Expenses shall be due and payable upon execution of this Lease, which amounts shall be applied to the Rent Commencement Date, first month when such amounts become due and payable. Tenant shall paypay to Landlord in advance, without notice or demand, subsequent monthly installments of Base Rent on, or before, the first day of each calendar month following the Commencement Date (prorated for any fractional calendar month). All payments by Tenant to Landlord at the address set forth in Section 3 of the Summary, (or to such other party or at such other place location as Landlord may from time to time designate specify in writing) shall be made by Electronic Fund Transfer or Automated Clearing House. The obligation of Tenant to pay Base Rent, Operating Expenses and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall not xxxxx, reduce, or set-off any amounts due and payable hereunder except as may be expressly provided in this Lease. If Tenant is delinquent in any installment of Base Rent, Operating Expenses, or other amounts due and payable for more than 5 days, in currency or addition to all of Landlord’s other rights and remedies (and not as a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Leasepenalty), Tenant shall deliver pay to Landlord an amount on demand a late charge equal to $475,149.74eight percent (8%) of such delinquent sum. If Tenant is delinquent in any monthly installment of Base Rent, Operating Expenses, or other amount due and payable herein beyond 5 days after the due date thereof, and after written notice as provided below, Tenant shall pay to Landlord on demand a late charge equal to eight percent (8%) of such delinquent sum. Tenant shall not be obligated to pay the late charge until Landlord has given Tenant 5 days written notice of the delinquent payment (which amount may be given at any time during the delinquency); provided, however, that such notice shall not be required more than twice in any 12-month period. The provision for such late charge shall be comprised in addition to all of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); Landlord’s other rights and (ii) the Estimated Expenses (remedies hereunder or at law and shall not be construed as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If a penalty or as limiting Landlord’s remedies in any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datemanner.

Appears in 2 contracts

Samples: Lease Agreement (RayzeBio, Inc.), Lease Agreement (RayzeBio, Inc.)

Base Rent. Commencing Base Rent in the amount of $42,750 and the Security Deposit shall be due and payable on the Rent Commencement Date, delivery of an executed copy of this Lease to Landlord. Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, in currency reduce, or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 of 5) due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything to the Summary, payable contrary contained in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver be required to Landlord an amount equal pay Base Rent in the per square foot amounts set forth in page 1 (i) with respect to $475,149.74, which amount shall be comprised only 15,000 rentable square feet of the following: Premises commencing on the Commencement Date and continuing through the expiration of the 18th month of the Base Term, and (ii) with respect to only 19,000 rentable square feet of the Premises commencing on the first day of the 19th month of the Base Term and continuing through the expiration of the 24th month of the Base Term. Tenant shall commence paying Base Rent with respect to the entire Premises on the first day of the 25th month of the Base Term. Notwithstanding anything to the contrary contained herein, so long as no monetary default by Tenant beyond applicable notice and cure periods is occurring as of the expiration of the term of that certain Lease Agreement between Tenant and XXX-00000 Xxxxx Xxxxxx Xxxxx, LLC, a Delaware limited liability, dated July 31, 2009 (as the same may have been or may in the future be amended, the “Other Lease”), Landlord shall provide Tenant with a credit in the amount of $221,336 (“Rent Credit”) toward Base Rent and Operating Expenses for the Premises first coming due during the Base Term. Tenant shall commence paying Base Rent and Operating Expenses for the Premises upon the earlier of (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month exhaustion of the Lease Term following the Rent Commencement Date (i.e.Credit, $383,551.88); and or (ii) the Estimated Expenses (as defined below) payable immediately following delivery of written notice from Landlord providing that a monetary default by Tenant for the Premises for the first (1st) full month beyond applicable notice and cure periods is occurring as of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day expiration of the month other than term of the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateOther Lease.

Appears in 2 contracts

Samples: Lease Agreement (Fate Therapeutics Inc), Lease Agreement (Fate Therapeutics Inc)

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth above. The first month's Base Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the Rent Commencement Datedate hereof, Tenant shall payand, without notice or demand, to Landlord at the address except as otherwise set forth in Section 3 this Lease, Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Base Rent on or before the Summaryfirst day of each calendar month succeeding the Commencement Date. Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord hereunder (or to such other party as Landlord may from time to time specify in writing) shall be made by check or Electronic Fund Transfer ("EFT") of immediately available federal funds before 11:00 a.m., or Eastern Time, at such other place place, within the continental United States, as Landlord may from time to time designate to Tenant in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) . Except as otherwise set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafterherein, the first day obligation of each Tenant to pay Base Rent and every month during other sums to Landlord and the obligations of Landlord under this Lease Termare independent obligations. Tenant shall have no right at any time to xxxxx, without reduce, or set-off any setoff or deduction whatsoever. Concurrently with Tenant’s execution of rent due hereunder except as may be expressly provided in this Lease. If Tenant is delinquent in any monthly installment of Base Rent or of estimated Operating Expenses for more than 5 days, Tenant shall deliver pay to Landlord an amount on demand a late charge equal to $475,149.745 percent of such delinquent sum. Tenant shall not be obligated to pay the late charge until Landlord has given Tenant 5 days written notice of the delinquent payment (which may be given at any time during the delinquency); provided, which amount however, that Landlord shall not be required to give such notices more than twice in any calendar year or 4 times over the term of the Lease. The provision for such late charge shall be comprised in addition to all of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); Landlord's other rights and (ii) the Estimated Expenses (remedies hereunder or at law and shall not be construed as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datepenalty.

Appears in 2 contracts

Samples: Lease Agreement (Ikanos Communications), Lease Agreement (Ikanos Communications)

Base Rent. Commencing on Lessee agrees to pay monthly as base rent during the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at term of this Lease the address sum of money set forth in Section 3 1.8 of this Lease, which amount shall be payable to Lessor at the Summary, address shown in Section 1.1 above or at such other place as Landlord may from time to time designate address that Lessor in writing, in currency or writing shall notify Lessee. One (1) monthly installment of rent shall be due and payable on the date of execution of this Lease by Lessee for the first month's rent and a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, like monthly installment shall be due and payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month succeeding the Commencement Date during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution term of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74without demand offset or reduction; provided, which amount shall be comprised of if the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment should be a date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the monthly rental for any such fractional month set forth above shall be a proportionate amount prorated to the end of a full that calendar month’s rental based , and all succeeding installments of rent shall be payable on or before the proportion that the number first day of days in such fractional month bears to the number of days in the each succeeding calendar month during which such fractional month occursthe term of this Lease. All Unless otherwise specified, Lessee shall pay as additional rent all other payments sums due under this Lease at the same time and in the same manner as the base rent due hereunder. No payment by Lessee or adjustments required receipt by Lessor of a lesser amount than the monthly installment of rents herein stipulated shall be deemed to be made under other than a payment on account of the terms earliest stipulated rent and/or additional rent; nor shall any endorsement of payment on any check or any letter accompanying any check or payment as rent be deemed an accord or satisfaction and Lessor may accept such check for payment without prejudice to Lessor's right to recover the balance of such rent and/or additional rent or to pursue any other remedy provided in this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateand/or under applicable law.

Appears in 2 contracts

Samples: Office Lease Agreement (Titan Exploration Inc), Office Lease Agreement (Pure Resources Inc)

Base Rent. Commencing on the Rent Commencement Date, A. Tenant shall pay, without notice or demand, covenants and agrees to pay to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with except as otherwise expressly provided herein, the full amount of all Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease (including, without limitation, any charges for replacement of electric lamps and ballasts and any other services, goods or materials furnished by Landlord at Tenant’s execution 's request), all of which hereinafter may be collectively called "RENT." In addition Tenant shall pay and be liable for, as Additional Rent, all rent, sales and use taxes or other similar taxes, if any, levied or imposed by any city, state, county or other governmental body having authority, such payments to be in addition to all other payments required to be paid to Landlord by Tenant under the terms and conditions of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount . Any such payments shall be comprised paid concurrently with the payments of the following: (i) Rent on which the tax is based. The Base Rent and Additional Rent for each calendar year or portion thereof during the Lease Term, shall be due and payable by Tenant for the Premises for in advance in monthly installments of the first (1st) full day of each calendar month of during the Lease Term following the and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of Additional Rent to Landlord without demand. If the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls commences on a day of the month other than the first day of such a month or if any rental payment is for terminates on a period which is shorter day other than one the last day of a month, then the rental installments of Base Rent and Additional Rent for any such fractional month or months shall be a proportionate amount of a full calendar month’s rental prorated, based on the proportion that the number of days in such fractional month bears month. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed 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 available remedy. The acceptance by Landlord of an installment of Rent on a date after the due date of such payment shall not be construed to be a waiver of Landlord's right to declare a default for any other late payment. All amounts received by Landlord from Tenant hereunder shall be applied first to the number of days in the calendar month during which such fractional month occursearliest accrued and unpaid Rent then outstanding. All other payments or adjustments required Tenant's covenant to be made under the terms of this Lease that require proration on a time basis pay Rent shall be prorated on the same basis. For the avoidance independent of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateevery other covenant set forth in this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Integrated Information Systems Inc), Industrial Building Lease Agreement (Intelliready Inc /Co/)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall paypay to Landlord, without notice or demand, to Landlord at Landlord's Address for Payment of Rent designated in the address set forth in Section 3 of the SummaryBasic Lease Information, or at such other place address as Landlord may from time to time designate in writingwriting to Tenant for the payment of Rent, the Base Rent, without notice, demand, offset or deduction (except as otherwise provided herein), in currency or a check for currency whichadvance, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverTerm commencing on the Rent Commencement Date. Concurrently with Tenant’s Upon the execution of this Lease, Tenant shall deliver pay to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant due for the Premises first full calendar month during the Term after the Rent Commencement Date and any abatement period. If the Rent Commencement Date occurs on a date other than the first day of a month or the Term ends on a date other than the last day of a month, Base Rent shall be prorated on the basis of a thirty (30) day month. [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 14 Notwithstanding anything to the contrary contained herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, Landlord hereby agrees to abaxx Xxnant's obligation to pay monthly Base Rent for the first (1st) full month of the initial Lease Term following Term. During such abatement period, Tenant shall still be responsible for the Rent Commencement Date (i.e.payment of all of its other monetary obligations under this Lease, $383,551.88); including Tenant's Percentage Share of Operating Expenses and (ii) Real Estate Taxes. In the Estimated Expenses (as defined below) payable event of a default by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on results in early termination pursuant to the provisions of Section 16.3 of this Lease, then as a time basis part of the recovery set forth in such Section 16.3 of this Lease, Landlord shall be prorated on entitled to the same basis. For recovery of the avoidance of doubt, Tenant’s obligation for the payment of monthly Base Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Section 4.1.

Appears in 1 contract

Samples: Office Lease (Allos Therapeutics)

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth above. The first month’s Base Rent and the Security Deposit, shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month succeeding the Commencement Date, . Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant shall pay, without notice or demand, to Landlord at the address set forth hereunder (or to such other party as Landlord may from time to time specify in Section 3 writing) shall be made by Electronic Fund Transfer (“EFT”) of the Summaryimmediately available federal funds before 11:00 a.m., or Eastern Time, at such other place place, within the continental United States, as Landlord may from time to time designate to Tenant in writing. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to axxxx, reduce, or set-off any rent due hereunder except as may be expressly provided in currency this Lease. If Tenant is delinquent in any monthly installment of Base Rent for more than 5 days, Tenant shall pay to Landlord on demand a late charge equal to four (4%) percent of such delinquent sum. 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 a check penalty. Notwithstanding anything to the contrary contained herein, no Base Rent shall be due from Tenant to Landlord for currency which, at the time last four (4) months of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term; provided however, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, that if Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of extends the Lease Term following as provided in Addendum 2 herein, the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of no Base Rent shall commence on be due shall be the Rent Commencement Datelast four (4) moths of the Extension Term.

Appears in 1 contract

Samples: Lease Agreement (Sanfilippo John B & Son Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord's option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of , except to the extent expressly provided in this Lease. In accordance with Section 4 of the Summary, any increases in Base Rent shall occur on the first day of the applicable Lease Month. The parties acknowledge, however, that Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the pay Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month each "calendar month" of the Lease Term (i.e.or a prorated portion of a "calendar month", $91,597.86as applicable), even though the first "Lease Month" may pertain to a period longer than one (1) calendar month. The Base Rent for the first two (2) full calendar months of the Lease Term shall be paid at the time of Tenant's execution of this Lease. If any rental payment date (including the Lease Commencement Date with respect to the Base of Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate daily basis during such fractional month and shall total an amount equal to the product of (i) a full calendar month’s rental based on fraction, the proportion that numerator of which is the number of days in such fractional month bears to and the denominator of which is the actual number of days occurring in such calendar month, and (ii) the calendar month during which such fractional month occursthen-applicable Monthly Installment of Base Rent. All other payments or adjustments required to be made under the terms TCCs of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (DermTech, Inc.)

Base Rent. Commencing on Tenant agrees to pay to Landlord the Base Rent Commencement Date, Tenant shall payset forth in the Basic Lease Information, without prior notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the except that Base Rent payable by Tenant for the Premises for the first (1st) full calendar month in which Base Rent is payable shall be paid prior to February 1, 2017 and Base Rent for any partial month at the beginning of the Lease Term following shall be paid on the Commencement Date. Base Rent Commencement Date (i.e., $383,551.88); and (ii) for any partial month at the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month beginning or end of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental prorated based on the proportion that the number of days in such fractional month bears to the actual number of days in the calendar month during which such fractional month occursmonth. All other payments or adjustments required to be made under the terms of Notwithstanding anything in this Lease that require proration on a time basis to the contrary, so long as no Event of Default (as defined in Section 15.1 below) then exists, Tenant shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment entitled to an abatement of Base Rent with respect to the Premises in the monthly amount of $445,280.35 for the first six (6) full months of the initial Term (the “Rent Abatement Period“). The maximum total amount of Base Rent abated with respect to the Premises in accordance with the foregoing shall commence equal $2,671,682.10 (the “Abated Base Rent“). If an Event of Default occurs at any time during the Rent Abatement Period, then Tenant’s right to receive the Abated Base Rent shall toll (and Tenant shall be required to pay Base Rent during such period of any Event of Default) until Tenant has cured the same, and at such time Tenant shall be entitled to receive any unapplied Abated Base Rent until fully applied. Only Base Rent shall be abated pursuant to this Section, as more particularly described herein, and Tenant’s Share of Operating Costs and Taxes and all other Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease. If the Basic Lease Information provides for any change in Base Rent by reference to years or months (without specifying particular dates), the change will take effect on the Rent applicable annual or monthly anniversary of the Commencement DateDate (which might not be the first day of a calendar month).

Appears in 1 contract

Samples: Lease Agreement (FireEye, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 10 of the Summary, payable in equal monthly installments as set forth in Section 8 10 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first (1st) day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full calendar month of the Lease Term following shall be deposited into escrow with the Rent Commencement Date (i.e., $383,551.88); and (ii) escrow holder for the Estimated Expenses Project Purchase (as defined belowin Section 29.34 of this Lease) payable concurrently with Xxxxxx’s execution of this Lease, with instructions acknowledged by said escrow holder that such prepaid Base Rent shall be promptly released to Tenant in the event this Lease is terminated by Tenant for as a result of the Premises for failure of Landlord to provide the SNDA as set forth in Section 29.34 of this Lease (and which prepaid Base Rent shall be released to Landlord upon Tenant’s receipt of the SNDA). If the Lease Commencement Date is not the first (1st) full day of a month, then Base Rent for the partial month commencing as of the Lease Commencement Date shall be prorated based upon the actual number of days in such month and shall be due and payable upon the Lease Commencement Date and the pre-paid rent shall be applied to the sixth (6th) month of the Lease Term (i.e., $91,597.86)Term. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first (1st) day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Subordination Agreement (GenMark Diagnostics, Inc.)

Base Rent. Commencing on the Rent Lease Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 4.2 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writingby delivering written notice to Tenant at Tenant’s notice address as set forth herein, in currency or by a check or wire transfer for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. It is intended that this Lease be a proportionate amount of a full calendar month’s rental based on the proportion “triple net lease,” and that the number of days Rent to be paid hereunder by Tenant will be received by Landlord without any deduction or offset whatsoever by Tenant, foreseeable or unforeseeable, except as otherwise expressly provided in such fractional month bears this Lease. Except as expressly provided to the number contrary in this Lease, Landlord shall not be required to make any expenditure, incur any obligation, or incur any liability of days any kind whatsoever in connection with this Lease or the calendar month during which such fractional month occursownership, construction, maintenance, operation or repair of the Premises or the Project. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding the avoidance of doubtforegoing, provided Tenant is not in Default under this Lease, Landlord hereby agrees to xxxxx Tenant’s obligation to pay Base Rent during the Base Rent Abatement Period (such total amount of abated Base Rent in the total amount of $1,111,347.90 (i.e., $74,089.86 per month for 15 months) being hereinafter referred to as the “Abated Base Rent”) (the Abated Base Rent, Abated Parking Charges [as defined in Section 8 of the Summary], Abated Fitness Center Charges [as defined in Section 29.39 below], Abated Conference Room Charges [as defined in Section 29.40 below], and Applied Allowance [as defined in the Tenant Work Letter] are collectively referred to herein as the “Abated Amount”). During the Base Rent Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations under this Lease. Tenant acknowledges that any Default under this Lease will cause Landlord to incur costs not contemplated hereunder, the exact amount of such costs being extremely difficult and impracticable to ascertain, therefore, should Tenant at any time during the Lease Term be in Default under this Lease, then the total unamortized sum of such Abated Amount (amortized on a straight line basis over of the last 120 months of the initial Lease Term) so conditionally excused shall become immediately due and payable by Tenant to Landlord and any remaining Abated Amount shall no longer be available to Tenant as a rent credit from the date of such Default. Tenant acknowledges and agrees that nothing in this Article 3 is intended to limit any other remedies available to Landlord at law or in equity under applicable Laws (including, without limitation, the remedies Under California Civil Code Section 1951.2 and/or 1951.4 and any successor statutes or similar laws) in the event of a Default under this Lease. Notwithstanding the foregoing, Landlord shall have the option to make a cash payment (the “Buyout Payment”) to Tenant in the amount of the then remaining Abated Base Rent due under the immediately preceding paragraph, and/or any unused Allowance which may be applied pursuant to Section 5(f) of the Tenant Work Letter (i.e., the Applied Allowance, subject to the Outside Allowance Date). Upon Landlord’s tender of such Buyout Payment, Tenant shall commence no longer be entitled to the Abated Base Rent and/or any available Applied Allowance. Landlord shall exercise its option to buy out the Abated Base Rent and/or Applied Allowance by delivering at least ten (10) days’ prior written notice thereof to Tenant, and shall make the Buyout Payment to Tenant on or about the Rent Commencement Datedate set forth in such notice.

Appears in 1 contract

Samples: Office Lease (Xponential Fitness, Inc.)

Base Rent. Commencing on the Rent Commencement Date, A. Tenant shall pay, without notice or demand, covenants and agrees to pay to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with except as otherwise expressly provided herein, the full amount of all Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease (including, without limitation, any charges for replacement of electric lamps and ballasts and any other services, goods or materials furnished by Landlord at Tenant’s execution request), all of which hereinafter may be collectively called “Rent.” Rent payments shall be sent to: CB Xxxxxxx Xxxxx 0000 X. Xxxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, XX 00000 Attn: Property Manager In addition Tenant shall pay and be liable for, as Additional Rent, all rent, sales and use taxes or other similar taxes, if any, levied or imposed by any city, state, county or other governmental body having authority, such payments to be in addition to all other payments required to be paid to Landlord by Tenant under the terms and conditions of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount . Any such payments shall be comprised paid concurrently with the payments of the following: (i) Rent on which the tax is based. The Base Rent and Additional Rent for each calendar year or portion thereof during the Lease Term, shall be due and payable by Tenant for the Premises for in advance in monthly instalments of the first (1st) full day of each calendar month of during the Lease Term following the and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of Additional Rent to Landlord without demand. If the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls commences on a day of the month other than the first day of such a month or if any rental payment is for terminates on a period which is shorter day other than one the last day of a month, then the rental instalments of Base Rent and Additional Rent for any such fractional month or months shall be a proportionate amount of a full calendar month’s rental prorated, based on the proportion that the number of days in such fractional month bears month. Tenant’s covenant to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis pay Rent shall be prorated on the same basis. For the avoidance independent of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateevery other covenant set forth in this Lease.

Appears in 1 contract

Samples: Industrial Building Lease Agreement (Amedica Corp)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e.or if the first full month of the Lease Term is within a free rent period, $91,597.86)then the Base Rent for the first full month which occurs after the expiration of any free rent period) shall be paid at the time of Tenant’s execution of this Lease. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Landlord hereby agrees to xxxxx Tenant’s obligation to pay monthly Base Rent for the first (1st) two (2) full calendar months of the initial Lease Term. During such abatement periods, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Section 19.2 of this Lease, then as a part of the recovery set forth in Section 19.2.1 of this Lease, Landlord shall be entitled to the recovery of the monthly Base Rent shall commence on abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Office Lease (Capitol Investment Corp. V)

Base Rent. Commencing on the Rent Commencement Date, A. Tenant shall pay, without notice or demand, covenants and agrees to pay to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with except as otherwise expressly provided herein, the full amount of all Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease (including, without limitation, any charges for replacement of electric lamps and ballasts and any other services, goods or materials furnished by Landlord at Tenant’s execution request), all of which hereinafter may be collectively called “Rent.” In addition Tenant shall pay and be liable for, as Additional Rent, all rent, sales and use taxes or other similar taxes, if any, levied or imposed by any city, state, county or other governmental body having authority, such payments to be in addition to all other payments required to be paid to Landlord by Tenant under the terms and conditions of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount . Any such payments shall be comprised paid concurrently with the payments of the following: (i) Rent on which the tax is based. The Base Rent and Additional Rent for each calendar year or portion thereof during the Lease Term, shall be due and payable by Tenant for the Premises for in advance in monthly installments on the first (1st) full day of each calendar month of during the Lease Term following the and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of Additional Rent to Landlord without demand. If the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls commences on a day of the month other than the first day of such a month or if any rental payment is for terminates on a period which is shorter day other than one the last day of a month, then the rental installments of Base Rent and Additional Rent for any such fractional month or months shall be a proportionate amount of a full calendar month’s rental prorated, based on the proportion that the number of days in such fractional month bears month. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed 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 available remedy. The acceptance by Landlord of an installment of Rent on a date after the due date of such payment shall not be construed to be a waiver of Landlord’s right to declare a default for any other late payment. All amounts received by Landlord from Tenant hereunder shall be applied first to the number earliest accrued and unpaid Rent then outstanding. Tenant’s covenant to pay Rent shall be independent of days every other covenant set forth in this Lease. If at any time during the calendar month during which such fractional month occurs. All Lease Term or any renewal or extension thereof a tax or excise on rents, or other payments tax however described, including a franchise tax, margin tax, business tax or adjustments required to be made under the terms any other tax, (except any federal or state income tax imposed upon Landlord) is levied or assessed against Landlord by any lawful taxing authority on account of Landlord’s interest in this Lease that require proration on or the rents, revenues, receipts, or other charges reserved hereunder, as a time basis substitute in whole or in part, or in addition to the general taxes described in this Section 5.A, or imposed in order to fund, in whole or in part, previously assessed taxes, Tenant agrees to pay to Landlord upon demand, and in addition to the rentals and other charges prescribed in this Lease, the amount of such tax or excise. In the event any such tax or excise is levied or assessed directly against Tenant, then Tenant shall be prorated on responsible for and shall pay same at such times and in such manner as the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent taxing authority shall commence on the Rent Commencement Daterequire.

Appears in 1 contract

Samples: Limited Liability Company Agreement (SEACOR Marine Holdings Inc.)

Base Rent. The first month’s Base Rent (i.e., the Base Rent due for the first full month following the Base Rent Commencement Date) and the Security Deposit shall be due and payable on delivery of an executed copy of this Lease to Landlord. Commencing on the Base Rent Commencement Date, Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing. Building 1 (AOTC) / Kymera Therapeutics, Inc. - Page 6 Exhibit 10.13 Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any Rent (as defined in currency or a check Section 5) due hereunder except for currency which, at any abatement as may be expressly provided in this Lease. In addition to the time of payment, is legal tender for private or public debts Tenant Improvement Allowance (as defined in the United States of AmericaWork Letter), base rent (“Base Rent”) as set forth Landlord shall, if Tenant so requests in Section 8 writing and subject to the terms of the SummaryWork Letter, payable make available to Tenant the Supplemental Tenant Improvement Allowance (as defined in equal monthly installments as set forth in Section 8 of the Summary in advance Work Letter). Commencing on or before the Rent Commencement Date and, thereafter, and continuing thereafter on the first day of each and every month during the Lease Base Term, without any setoff Tenant shall pay the amount necessary to fully amortize the portion of the Supplemental Tenant Improvement Allowance actually funded by Landlord, if any, as Additional Rent in equal monthly payments with interest at a rate of 8% per annum over the Base Term, which interest shall begin to accrue on the Commencement Date. Any of the Supplemental Tenant Improvement Allowance and applicable interest remaining unpaid as of the expiration or deduction whatsoever. Concurrently with Tenant’s execution earlier termination of the Lease shall be paid to Landlord in a lump sum at the expiration or earlier termination of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Kymera Therapeutics, Inc.)

Base Rent. Commencing on the Rent Commencement Date, A. Tenant shall pay, without notice or demand, covenants and agrees to pay to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with deduction, except as otherwise expressly provided herein (including, without limitation, the Improvement Cost offset described below in Section 5.D.), the full amount of all Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease (including, without limitation, any charges for replacement of electric lamps and ballasts and any other services, goods or materials furnished by Landlord at Tenant’s execution request), all of this Leasewhich hereinafter may be collectively called “Rent.” The Rent for each calendar year or portion thereof during the Lease Term, Tenant shall deliver to Landlord an amount equal to $475,149.74except as specifically offset herein, which amount shall be comprised due and payable in advance in monthly installments of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full day of each calendar month of during the Lease Term following the and any extensions or renewals hereof, and Tenant hereby agrees to pay such Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of to Landlord without demand. If the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls commences on a day of the month other than the first day of such a month or if any rental payment is for terminates on a period which is shorter day other than one the last day of a month, then the rental installments of Base Rent and Additional Rent for any such fractional month or months shall be a proportionate amount of a full calendar month’s rental prorated, based on the proportion that the number of days in such fractional month bears month. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed 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 available remedy. The acceptance by Landlord of an installment of Rent on a date after the due date of such payment shall not be construed to be a waiver of Landlord’s right to declare a default for any other late payment. All amounts received by Landlord from Tenant hereunder shall be applied first to the number of days in the calendar month during which such fractional month occursearliest accrued and unpaid Rent then outstanding. All other payments or adjustments required Tenant’s covenant to be made under the terms of this Lease that require proration on a time basis pay Rent shall be prorated on the same basis. For the avoidance independent of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateevery other covenant set forth in this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Graymark Healthcare, Inc.)

Base Rent. Commencing Tenant shall pay to Landlord, as rent for the Premises, in advance, on the first day of each calendar month, commencing on the Commencement Date (but subject to the conditional Base Rent Commencement Dateabatement referred to in Paragraph 1.10 above) and continuing throughout the Lease Term, Tenant the Base Rent set forth in Paragraph 1.10 above (and Paragraph 3.4 above, if applicable). Base Rent shall paybe prorated, based on thirty (30) days per month, for any partial month during the Lease Term. Base Rent shall be payable, except as otherwise expressly set forth in this Lease, without deduction, offset, prior notice or demand, demand in lawful money of the United States to Landlord at the address set forth in Section 3 herein specified for purposes of the Summary, notice or at to such other place persons or such other places as Landlord may from time to time designate in writing, in currency or a check for currency which. Notwithstanding the foregoing, at the time of payment, is legal tender for private or public debts in the United States of America, base rent Tenant’s request Landlord shall provide Landlord’s banking information (“Base RentLandlord’s ACH Account Information”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, so that Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the can pay Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the and Additional Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Electronic Funds Transfer (EFT) as an Automated Clearing House (“ACH”) transaction. Any such ACH transfers shall be paid by Tenant, from Tenant’s account in a bank or financial institution designated by Tenant for the Premises for the first (1st) full month and credited to Landlord’s bank account as Landlord shall have designated in Landlord’s ACH Account Information. Tenant shall not be in default of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect Tenant’s obligation to the pay Base Rent and/or Additional Rent if and for so long as Tenant shall timely comply with ACH transfer requirements and accurately state Landlord’s ACH Account Information. However, if Tenant shall have timely complied with ACH transfer requirements, but the applicable funds shall thereafter have been misdirected or not accounted for properly by the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one monthrecipient bank designated by Landlord, then Tenant shall reasonably cooperate with Landlord in an effort to recover the rental for any such fractional month misdirected funds and the same shall not relieve Tenant’s obligation to make the payment so transferred (but Tenant shall not be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under out-of-pocket the terms applicable payment amount in a duplicate amount due to such misdirected payment or payment not accounted for properly by the recipient bank), but shall toll the due date for such payment until the applicable funds shall have been located and deposited in Landlord’s bank account. In the event that Landlord elects to designate a different bank or financial institution into which any ACH transfer is to be deposited, notification of this Lease that require proration on a time basis shall such change and the required documents, instruments, authorizations, and any modified Landlord’s ACH Account Information, must be prorated on delivered to Tenant no later than 30 days prior to the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datedate such change is to become effective.

Appears in 1 contract

Samples: Improvement Agreement (Bloom Energy Corp)

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth above. The third month’s Base Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month succeeding the Commencement Date, . Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, hereunder (or at to such other place party as Landlord may from time to time specify in writing) shall be made to such place, within the continental United States, as Landlord may from time to time designate to Tenant in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) . Except as otherwise specifically set forth herein, the obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any rent due hereunder except as may be expressly provided in Section 8 this Lease. If Tenant is delinquent in any monthly installment of Base Rent or of estimated Operating Expenses for more than 5 days and after notice as provided below, Tenant shall pay to Landlord on demand a late charge equal to 5 percent of such delinquent sum. Tenant shall not be obligated to pay the late charge until Landlord has given Tenant 5 days written notice of the Summarydelinquent payment (which may be given at any time during the delinquency); provided, payable however, that such notice shall not be required more than once in equal monthly installments as set forth in Section 8 of the Summary in advance on any 12-month period or before the Rent Commencement Date and, thereafter, the first day of each and every month during twice over the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount The provision for such late charge shall be comprised in addition to all of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); Landlord’s other rights and (ii) the Estimated Expenses (remedies hereunder or at law and shall not be construed as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datepenalty.

Appears in 1 contract

Samples: Lease Agreement (Occam Networks Inc/De)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, pay to Landlord at the address office of Landlord set forth in Section 3 of the Summaryabove, or at such other place as Landlord may from time to time designate in writing, the annual sum stated in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent Exhibit B attached hereto (such annual sum being hereinafter referred to as “Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary installments, each in advance on or before the first (1st) day of each and every calendar month during the Term, without any set off or deduction whatsoever. If the Term commences other than on the first (1st) day of a calendar month or ends other than on the last day of the calendar month, the Base Rent Commencement Date andfor such month shall be prorated (with payment for the fractional month at the start of the Term being due on the date the Term commences in a pro rated amount equal to the sum set forth for month one (1) and with month one (1) as provided in Exhibit B referring to the first full month). Tenant hereby delivers to Landlord the Prepaid Base Rent (as defined in Exhibit B attached hereto) to be held by Landlord and applied towards the first installment of Base Rent payable under this Lease (except as otherwise provided in Exhibit B). If any payment or installment of Rent shall not be received by Landlord within five (5) days of the date due then, thereafterin addition to all other rights and remedies to which Landlord is entitled, Tenant shall also be responsible for and shall immediately pay Landlord, as Additional Rent, a service charge equal to the greater of (i) a sum equal to two percent (2%) of the amount which is past due or (ii) seventy five dollars ($75.00), for the administrative expenses Landlord incurs as a result of the late payment. In addition to Base Rent, Tenant also agrees to pay to Landlord on the first day of each calendar month (and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently together with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount each such payment) a sum equal to $475,149.74any sales tax, which use tax, tax on rentals, and any other governmental charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the Demised Premises and/or upon the amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses “Rent” (as defined below) payable by collected therefor. Tenant shall also be responsible for and shall pay before delinquency all municipal, county or state taxes assessed during the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on against any occupancy interest or personal property of any kind, owned by or placed in, upon or about the same basis. For the avoidance of doubt, Demised Premises by Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Clayton Holdings Inc)

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth on the Rent Commencement Datefirst page of this Lease. The first month's Base Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant shall paypromises to pay to Landlord in advance, without notice or demand, to Landlord at the address set forth in Section 3 of the Summarydeduction or set-off, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during succeeding the Lease Term, without any setoff or deduction whatsoeverCommencement Date. Concurrently with Tenant’s execution Payments of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional calendar month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occursprorated. All other payments or adjustments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under the terms of this Lease are independent obligations. Tenant shall have no right at any time to abatx, xxduce, or set-off any rent due hereunder except where expressly provided in this Lease. Tenant acknowledges that require proration late payment by Tenant to Landlord of any rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to determine. Therefore, if Tenant is delinquent in any monthly installment of Base Rent, estimated Operating Expenses or other sums due and payable hereunder for more than five (5) days, Tenant shall pay to Landlord on demand a time basis late charge equal to five percent (5%) of such delinquent sum. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of such late payment by Tenant. The provision for such late charge shall be prorated on the same basis. For the avoidance in addition to all of doubt, Tenant’s obligation for the payment of Base Rent Landlord's other rights and remedies hereunder or at law and shall commence on the Rent Commencement Datenot be construed as a penalty.

Appears in 1 contract

Samples: 1 Lease Agreement (Healthtronics Inc /Ga)

Base Rent. Commencing on Throughout the Rent Commencement DateLease Term, Tenant shall paypay Base Rent in the amount set forth above. Tenant promises to pay to Landlord in advance, without notice or demand, to Landlord at the address set forth in Section 3 of the Summarydeduction or set-off, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent and Additional Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during commencing on the Lease Term, without any setoff or deduction whatsoeverCommencement Date. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of If the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent commences or the Rent Commencement Date with respect to Estimated Expenses) falls expires on a day of the month date other than the first day or the last day of such month or if any rental payment is for a period which is shorter than one calendar month, respectively, then the rental Rent payable for any such fractional partial calendar month shall be a proportionate an amount equal to the monthly installment of a full calendar month’s rental based on the proportion that the number of days Rent otherwise then in such fractional month bears to effect, divided by the number of days in the full calendar month during which such fractional the Lease Term commences or expires, respectively, and multiplied by the number of days in the partial calendar month occursafter and including the Commencement Date or before and including the date of expiration, respectively, and provided further that the Rent for any partial calendar month at the commencement of the Initial Lease Term shall be payable on the first day of the first full calendar month during the Lease Term. All sums, liabilities, obligations and other payments or adjustments amounts which Tenant is required to be made under the terms of pay or discharge pursuant to this Lease that require proration on a time basis in addition to Base Rent, including without limitation assessments or common area maintenance charges due and payable to any applicable ownership associations, together with any interest, penalty, or other sum which may be added for late payment thereof, shall be prorated constitute additional rent hereunder (herein called "Additional Rent"). In the event of any failure on the same basis. For part of Tenant to pay or discharge any of the avoidance foregoing, Landlord shall have all rights, powers and remedies provided for herein (or by law or equity or otherwise) in the case of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.nonpayment of

Appears in 1 contract

Samples: Lease (Blue Rhino Corp)

Base Rent. The first month’s Base Rent (i.e., the Base Rent due for the first full month following the Base Rent Commencement Date) and the Security Deposit shall be due and payable on delivery of an executed copy of this Lease to Landlord. Commencing on the Base Rent Commencement Date, Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing. Payments of Base Building 1 (AOTC) / Kymera Therapeutics, Inc. - Page 6 Exhibit 10.13 Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any Rent (as defined in currency or a check Section 5) due hereunder except for currency which, at any abatement as may be expressly provided in this Lease. In addition to the time of payment, is legal tender for private or public debts Tenant Improvement Allowance (as defined in the United States of AmericaWork Letter), base rent (“Base Rent”) as set forth Landlord shall, if Tenant so requests in Section 8 writing and subject to the terms of the SummaryWork Letter, payable make available to Tenant the Supplemental Tenant Improvement Allowance (as defined in equal monthly installments as set forth in Section 8 of the Summary in advance Work Letter). Commencing on or before the Rent Commencement Date and, thereafter, and continuing thereafter on the first day of each and every month during the Lease Base Term, without any setoff Tenant shall pay the amount necessary to fully amortize the portion of the Supplemental Tenant Improvement Allowance actually funded by Landlord, if any, as Additional Rent in equal monthly payments with interest at a rate of 8% per annum over the Base Term, which interest shall begin to accrue on the Commencement Date. Any of the Supplemental Tenant Improvement Allowance and applicable interest remaining unpaid as of the expiration or deduction whatsoever. Concurrently with Tenant’s execution earlier termination of the Lease shall be paid to Landlord in a lump sum at the expiration or earlier termination of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Kymera Therapeutics, Inc.)

Base Rent. Commencing Tenant shall pay to Landlord the Minimum Annual Rent in the Monthly Rental Installments in advance, without demand, deduction or offset, on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Date and on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month thereafter during the Lease Term. The Monthly Rental Installments for partial calendar months shall be prorated. Tenant hereby authorizes Landlord, on the first business day of each calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with to withdraw the Monthly Rental Installments due Landlord hereunder from Tenant’s execution of this Leasebank account, as such bank account may be modified from time to time (the “Bank Account”). Upon Landlord’s request, Tenant shall deliver complete an information sheet in substantially the form of Exhibit D attached hereto and made a part hereof (the “Information Sheet”). In the event of a change in Tenant’s Bank Account, Tenant shall have the right to change the information set forth in the Information Sheet upon written notice to Landlord. In addition, Tenant agrees to execute such other documents as may be reasonably requested by Landlord an amount equal to $475,149.74effectuate Landlord’s withdrawal of funds from the Bank Account pursuant to the preceding sentence. If, which amount at any time during the Lease Term, Landlord elects not to withdraw the Monthly Rental Installments from the Bank Account pursuant to this Section 3.01, Landlord shall so notify Tenant and thereafter, Tenant shall be comprised of responsible for delivering the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect Monthly Rental Installments to the Base Rent or the Rent Commencement Date payment address set forth in Section 1.01(1) above in accordance with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateSection 3.01.

Appears in 1 contract

Samples: Office Lease (Sciquest Inc)

Base Rent. Commencing on Pursuant to the Rent Commencement Dateterms of the Original Lease, Tenant delivered to Landlord the Security Deposit under the Original Lease in the amount of $320,540.00, and delivered the first month’s Base Rent due under the Original Lease in the amount of $320,540.00. The balance of Base Rent due and payable under this Lease for the first full calendar month following the Abatement Period, in the amount of $318,761.69, and the balance of the Security Deposit in the amount of $300,141.25 shall paybe due and payable on delivery of an executed copy of this Lease to Landlord. Tenant shall pay to Landlord in advance, without notice or demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, by electronic transfer to Landlord (including ACH) or at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing. Landlord shall provide ACH wiring information for Rent payment upon request from Tenant. Tenant shall be entitled to elect its method of payment pursuant to the immediately preceding sentence. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, in currency reduce, or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 of 5) due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything to the Summarycontrary contained in this Lease, payable so long as Tenant is not in equal monthly installments Default (as set forth defined in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of 20) under this Lease, Tenant shall deliver be entitled to Landlord an amount equal to $475,149.74, which amount shall be comprised the abatement of the following: (i) the Base Rent payable by Tenant for due with respect to the Initial Premises for the first (1st) full month of the Lease Term 17 months following the Rent Commencement Date (i.e.the “Initial Premises Abatement Period”), $383,551.88); and (ii) Base Rent due with respect to the Estimated Expenses (as defined below) payable by Tenant for the Subsequent Premises for the first 17 months following the Subsequent Premises Commencement Date (1st) full month of the Lease Term (i.e., $91,597.86“Subsequent Premises Abatement Period”). If any rental payment date (including the Lease Commencement Date Tenant shall commence paying full Base Rent with respect to the Initial Premises on the date immediately following the expiration of the Initial Premises Abatement Period and shall commence paying Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls the entire Premises on a the day immediately following the expiration of the month other than Subsequent Premises Abatement Period. The Initial Premises Abatement Period and the first day of such month or if any rental payment is for a period which is shorter than one month, then Subsequent Premises Abatement Period may be collectively referred to herein as the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based “Abatement Period.” Exhibit H attached hereto has assumed that the Commencement Date will occur on the proportion Target Commencement Date and that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated Subsequent Premises Commencement Date will occur on the same basisTarget Subsequent Premises Commencement Date. For the avoidance of doubt, Tenant’s obligation for notwithstanding anything to the payment contrary reflected on Exhibit H, if either the Commencement Date or the Subsequent Premises Commencement Date occurs on a date other than the Target Commencement Date or the Target Subsequent Premises Commencement Date, as applicable, Tenant will have the benefit of Base Rent shall commence the full Initial Premises Abatement Period commencing on the Rent actual Commencement Date and the full Subsequent Premises Abatement Period with respect to the Subsequent Premises commencing on the actual Subsequent Premises Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Mirati Therapeutics, Inc.)

Base Rent. Commencing (a) Tenant shall pay Base Rent in the amount set forth on the first page of this Lease. The fourth month’s Base Rent Commencement Dateand the Security Deposit, shall be due and payable on the earlier of (i) date Tenant shall payfirst enters the Premises pursuant to Exhibit G or (ii) the date the Premises are delivered to Tenant pursuant to Exhibit C, and Tenant promises to pay to Landlord in advance, without notice or demand, to Landlord at the address set forth in Section 3 of the Summarydeduction or set-off, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during succeeding the Lease Term, without any setoff or deduction whatsoeverCommencement Date. Concurrently with Tenant’s execution Payments of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional calendar month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occursprorated. All other payments or adjustments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under the terms of this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any rent due hereunder except where expressly provided in this Lease. Tenant acknowledges that require proration late payment by Tenant to Landlord of any rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to determine. Therefore, if Tenant is delinquent in any monthly installment of Base Rent, estimated Operating Expenses or other sums due and payable hereunder for more than five (5) days, Tenant shall pay to Landlord on demand a time basis late charge equal to $5,000.00. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of such late payment by Tenant. The provision for such late charge shall be prorated on the same basis. For the avoidance in addition to all of doubt, TenantLandlord’s obligation for the payment of Base Rent other rights and remedies hereunder or at law and shall commence on the Rent Commencement Datenot be construed as a penalty.

Appears in 1 contract

Samples: Part of Lease Agreement (Intcomex Holdings, LLC)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall paypay an annual Base Rent in the amount set forth above in the Basic Lease Information. The Initial Monthly Base Rent for the third (3rd) month of the Term shall be due and payable within five (5) business days after Tenant’s execution of this Lease, and Tenant promises to pay to Landlord in advance, without notice or demand, deduction or set-off (except as expressly permitted under this Lease), monthly installments of Base Rent on or before the first day of each calendar month commencing with the third calendar month succeeding the Commencement Date (as that date may be extended as provided in Paragraph 2(c)). Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord at the address set forth hereunder (or to such other party as Landlord may from time to time specify in Section 3 writing) shall be made by electronic funds transfer or bank wire transfer of the Summary, or immediately available federal funds at such other place place, within the continental United States, as Landlord may from time to time designate to Tenant in writing, in currency or a check for currency which, at . The obligation of Tenant to pay Base Rent and other sums to Landlord and the time obligations of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) Landlord under this Lease are independent obligations. Except as expressly set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver have no right at any time to Landlord an amount equal to $475,149.74abate, which amount shall be comprised rxxxxx, or set-off any rent due hereunder. If Tenant is delinquent in any monthly installment of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month or of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated estimated Operating Expenses (as defined below) payable by for more than five (5) days, Tenant for shall pay to Landlord on demand a late charge equal to six percent (6%) of such delinquent sum; provided, however, that, not more than once during any twelve (12)- month period during the Premises for the first (1st) full month of the Lease Term (i.e.as extended), $91,597.86). If any rental payment date (including the Lease Commencement Date with respect Tenant shall be entitled to the written notice of non-receipt of Base Rent or the Rent Commencement Date estimated Operating Expenses from Landlord, and Tenant shall not be liable for any late charge with respect to Estimated Expenses) falls on a day of the month other than the first day of thereto if such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment installment of Base Rent or estimate Operating Expenses is received by Landlord within five (5) days after Tenant’s receipt of such notice. The provision for such late charge shall commence on the Rent Commencement Datebe in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as a penalty.

Appears in 1 contract

Samples: Lease (Bloom Energy Corp)

Base Rent. Commencing on (a) From and after the Rent Commencement mutual execution of this Amendment until the Existing Termination Date, and in addition to all other charges payable under the Lease, Tenant shall pay, without notice or demand, continue to Landlord at pay the address set forth Monthly Rent with respect to the Premises in Section 3 accordance with the terms and provisions of the SummaryExisting Lease, except that provided there is no Event of Default by Tenant existing under the Lease at any time before or at such other place during the “Waiver Period” (as hereinafter defined), the monthly installments of Monthly Rent due under the Lease is hereby waived by Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Waived Rent”) as set forth in Section 8 of for the Summaryfirst three (3) full calendar months commencing on the Effective Date or, payable in equal monthly installments as set forth in Section 8 of if the Summary in advance on or before the Rent Commencement Effective Date and, thereafter, is not the first day of each and every a calendar month, on the first day the month during immediately following the Lease Term, without any setoff or deduction whatsoeverEffective Date (“Waiver Period”). Concurrently with This waiver shall not affect Tenant’s execution obligation to pay Tenant’s Electrical Charge, Tenant’s Share of this Leaseincreases in Operating Expenses and Tax Expense, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent or any other amounts payable by Tenant for under the Premises for Lease. Commencing on the first (1st) full month day following the expiration of the Waiver Period. Tenant shall re-commence paying the Monthly Rent due under the Existing Lease. Notwithstanding the foregoing, in the event the Lease is terminated prior to the expiration of the Extended Term following the Rent Commencement Date (i.e.due to an Event of Default by Tenant, $383,551.88); Tenant shall, in addition to any and (ii) the Estimated Expenses (as defined below) all other amounts payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect pursuant to the Base Lease, repay the entire amount of Waived Rent or to Landlord, together with interest at ten percent (10%) per annum, accruing from the Rent Commencement Date with respect to Estimated Expenses) falls on a day date such payment would have been due through the date of the month other than the first day repayment of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, by Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (Lionbridge Technologies Inc /De/)

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Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth above. The first month's Base Rent, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the Rent Commencement Datedate hereof, and Tenant shall paypromises to pay to Landlord in advance, without notice or demand, to Landlord at the address set forth in Section 3 of the Summarydeduction or set-off, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during succeeding the Lease Term, without any setoff or deduction whatsoeverCommencement Date. Concurrently with Tenant’s execution Payments of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional calendar month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occursprorated. All other payments or adjustments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under the terms of this Lease that require proration on a are independent obligations. Tenant shall have no right at any time basis shall be prorated on the same basisto abatx, xxduce, or set-off any rent due hereunder except where expressly provided in this Lease. For the avoidance of doubt, Tenant’s obligation for the payment Tenant waives and releases all statutory liens and offset rights as to rent. If Tenant is delinquent in any monthly installment of Base Rent beyond 5 days after the due date thereof, and after notice as provided below, Tenant shall commence pay to Landlord on demand a late charge equal to 5 percent of such delinquent sum, to help defray the Rent Commencement Dateadditional costs and expenses to Landlord for processing such late payment. Tenant shall not be obligated to pay the late charge until Landlord has given Tenant 5 days written notice of the delinquent payment (which may be given at any time during the delinquency); provided, however, that such notice shall not be required more than twice in any 12-month period or five times over the term of the Lease. The provision of 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 a penalty or as limiting Landlord's remedies in any manner.

Appears in 1 contract

Samples: Lease Agreement (Cirrus Logic Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Landlord hereby agrees to xxxxx Tenant’s obligation to pay Tenant’s monthly Base Rent for the second (2nd) and third (3rd) full months of the initial Lease Term. During such abatement period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as a part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the monthly Base Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Extension Option Rider (1st Pacific Bancorp)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 of management office for the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency cash or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of Americaother immediately available good funds, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the in which Base Rent Commencement Date (i.e.is payable hereunder, $383,551.88); along with Landlord’s estimate of Tenant’s Share of Operating Expenses, Tax Expenses and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises Utilities Costs for the first (1st) full month of the Lease Term (i.e.Term, $91,597.86)shall be paid at the time of Tenant’s execution of this Lease and shall be applied to Rent first due hereunder. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Upon any Event of Default, Landlord shall be entitled to recover from Tenant the avoidance then unamortized portion of doubt, Tenant’s obligation for the payment of any Base Rent shall commence on abated pursuant to Section 8 of the Rent Commencement DateSummary.

Appears in 1 contract

Samples: Lease (Invitae Corp)

Base Rent. Commencing on (a) During the Original Lease Term and each Renewal Term, if applicable, Tenant shall pay to Landlord annual fixed rent (the "Annual Base Rent") in an amount equal to the Fair Market Rent (as hereinafter defined) as of the date (the "Rent Appraisal Date") which is not less than sixty (60) days prior to (i) the Commencement Date, Tenant with respect to the Original Lease Term, (ii) the commencement of the First Renewal Term, with respect to the First Renewal Term, and (iii) the commencement of the Second Renewal Term, with respect to the Second Renewal Term. The Annual Base Rent shall paybe payable in monthly installments, in advance, on the first day of each and every calendar month during the Lease Term and each Renewal Term, if applicable, without notice or demanddemand and without any set-off, to Landlord abatement or deduction whatsoever, at the address set forth office of Landlord stated in Section 3 of the Summary1, or at such other place as Landlord may designate from time to time designate in writing, in currency or a check for currency which, . The first monthly installment of Annual Base Rent shall be due and payable at the time of payment, is legal tender for private or public debts the execution of this Lease. Such first monthly installment of Annual Base Rent shall be in the United States of America, base rent (“Base Rent”) as set forth in Section 8 amount due for the first month of the Summary, payable in equal Original Lease Term. The first monthly installments as set forth in Section 8 installment of the Summary in advance on or before the Annual Base Rent Commencement Date and, thereafter, shall be credited by Landlord against the first day monthly installment of each and every month Annual Base Rent due during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of If the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls shall commence on a day of the month other than the first day of such month a calendar month, or if any rental payment is for shall end on other than the last day of a period which is shorter than one calendar month, then the rental monthly installment of Annual Base Rent due for any such fractional partial month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datepro-rated.

Appears in 1 contract

Samples: And Option Agreement (Ha Lo Industries Inc)

Base Rent. Commencing on Prior to May 1, 2006, Tenant shall pay the rent to Landlord as was due under its sublease, pursuant to Article III, Paragraph 4 of this Lease. Beginning May 1, 2006 (the “Rent Commencement Date”) and continuing thereafter through the term of the Lease, Tenant shall pay Base Rent for the Demised Premises in equal monthly installments payable in advance. The first monthly payment of Base Rent shall be made upon the Rent Commencement Date, Tenant and the second and subsequent monthly payments shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance be made on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month thereafter during the Lease Term, without any setoff or deduction whatsoeverTerm hereof. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount Such payment shall be comprised made at the office of the following: (i) the Base Rent payable FCS Building Association, 0000 Xxxx Xxxxxx Xxxxx, XxXxxx, Xxxxxxxx 00000, or to such other party or to such other address as Landlord may designate from time to time by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e.written notice to Tenant. Such payment shall be made without demand, $383,551.88); notice, or invoice and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e.without deduction, $91,597.86)set-off, or counterclaim. If any rental payment date (including the Lease Commencement Date with respect All costs and expenses in addition to the Base Rent that Tenant assumes or agrees to pay Landlord pursuant to this Lease shall be deemed to be additional rent. Base Rent and additional rent are sometimes referred to collectively herein as “rent”. If Landlord shall at any time or times accept said rent after it shall become due and payable, such acceptance shall not excuse delay upon any subsequent occasion, or constitute, or be construed as, a waiver of any or all of Landlord’s rights hereunder. Rent shall be made payable to FCS Building Association or to such other persons, firm, or corporation as Landlord may designate in writing. If the Rent Commencement Date with respect to Estimated Expenses) falls Term of this Lease begins on a day of the month date other than on the first of a month, then rent from such date until the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional following month shall be a proportionate amount prorated at the rate of a full calendar month’s rental based on one-thirtieth (1/30th) of the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of monthly Base Rent shall commence on the Rent Commencement Datefor each day payable in advance.

Appears in 1 contract

Samples: Lease (Global Defense Technology & Systems, Inc.)

Base Rent. (a) Commencing on the Rent Commencement Date, but subject to the Base Rent Credit (as defined in Paragraph 4(b) below), and any credit under Paragraph 1(b) above, Tenant shall pay, without notice or demand, to Landlord at pay Base Rent in the address amounts set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writingBasic Lease Provisions, in currency advance, without demand, deduction or a check for currency whichset-off, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) except as otherwise expressly set forth in Section 8 of the Summarythis Lease, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each calendar month. The Prepaid Rent (as set forth in the Basic Lease Provisions above) shall be due and every month during payable on the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of date hereof (and shall be applied against Base Rent and Operating Expenses first due under this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised ). Payments of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Operating Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional calendar month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occursprorated. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis by Tenant to Landlord hereunder shall be prorated on payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Base Rent and other sums to Landlord shall constitute rent and shall be independent obligations from the same basisobligations of Landlord under this Lease. For Tenant shall have no right at any time to xxxxx, reduce, or set-off any rent due hereunder except where expressly provided to the avoidance contrary in this Lease. Tenant acknowledges that late payment by Tenant to Landlord of doubtany rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, Tenant’s obligation for the payment exact amount of such costs being extremely difficult and impractical to determine. Therefore, if Tenant is delinquent in any monthly installment of Base Rent or any monthly estimated Operating Expenses or any other sums due and payable hereunder for more than five (5) business days after the date such amount is due, Tenant shall commence pay to Landlord on demand a late charge equal to five percent (5%) of such delinquent sum; provided, that for the first such instance of delinquency in any calendar year, such late charge shall not be due unless the same shall be delinquent for at least five (5) business days after receipt by Tenant of written notice of delinquency from Landlord. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of such late payment by Tenant. The late charge shall be deemed to be rent, and the right to require it shall be in addition to all of Landlord's other rights and remedies for a payment failure of Tenant, including without limitation the right to charge interest on the Rent Commencement Datepast due amount.

Appears in 1 contract

Samples: Lease Agreement (Allogene Therapeutics, Inc.)

Base Rent. Commencing on the The first full month’s Base Rent Commencement Date, shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing, in currency or a check via federally insured wire transfer (including ACH) pursuant to the wire instructions provided by Landlord. Payments of Base Rent for currency whichany fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, at the time of paymentreduce, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 of 5) due hereunder except for any abatement as may be expressly provided in this Lease. 10578 Science Ctr./Avidity Biosciences – Page 4 Notwithstanding anything to the Summarycontrary contained in this Lease, payable so long as Tenant is not then in equal monthly installments Default (as set forth defined in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of 20) under this Lease, Tenant shall deliver not be required to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the pay Base Rent payable by Tenant for with respect to the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls period commencing on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a 2nd full calendar month’s rental based month after the Commencement Date through the last day of the 6th full calendar month after the Commencement Date (the “Abatement Period”). Tenant shall resume paying full Base Rent on the proportion that first day of the number of days in such fractional month bears to the number of days in the seventh full calendar month during which such fractional month occurs. All other payments or adjustments required to be made under after the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Avidity Biosciences, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, covenants to pay to Landlord during the term hereof, at Landlord's office at the address set forth in Section 3 Paragraph (h) of the Summary, Article 1 hereof or to such other persons or at such other place places as Landlord may directed from time-to-time by written notice to time designate in writingTenant from Landlord, in currency or a check for currency which, at monthly rental (hereinafter referred to as the time of payment, is legal tender for private or public debts "Base Rent") in the United States of America, base rent (“Base Rent”) as amount set forth in Section 8 Paragraph (c) of the SummaryArticle 1 hereof (subject to adjustments as hereinafter provided IN THE LEASE ADDENDUM) due and payable without demand or offset or deduction (EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY HEREIN), payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent calendar month; except that if Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls occurs on a day of the month other than the first 1st day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental Base Rent for any such fractional the fraction for the month starting with the Commencement Date shall be a proportionate amount of a full calendar month’s rental based paid on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be Commencement Date, prorated on the same basisbasis of a thirty (30) day month. For If any installment of rent or any other charge due from Tenant is not received by Landlord or Landlord's designee WITHIN FIVE (5) DAYS OF when due then, at Landlord's election and upon Landlord's WRITTEN demand, Tenant shall pay to Landlord a late charge equal to fifteen TEN percent (10%) of such overdue amount, and in such event the avoidance parties hereby agree that such late charge represents a fair and reasonable estimate of doubt, the costs Landlord will incur by reason of the late payment by Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Ocular Sciences Inc /De/

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, pay to Landlord at the address office of Landlord set forth in Section 3 of the Summaryabove, or at such other place as Landlord may from time to time designate in writing, the annual sum stated in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent EXHIBIT B attached hereto (“Base Rent”such annual sum being hereinafter referred to as "BASE RENT") as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary installments, each in advance on or before the Rent Commencement Date and, thereafter, the first (1st) day of each and every calendar month during the Lease Term, without any setoff set-off or deduction whatsoever. Concurrently with Tenant’s execution of this LeaseNotwithstanding the foregoing, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount the annual Base Rent shall be comprised increased in the amounts and at the times set forth on EXHIBIT B and the monthly installments of the following: (i) the Base Rent payable by Tenant for shall be increased accordingly. If the Premises for Term commences other than on the first (1st) full day of a calendar month or ends other than on the last day of the calendar month, the Base Rent for such month shall be prorated (with payment for the fractional month at the start of the Term being due on the date the Term commences in a pro rated amount equal to the sum set forth for month one (1) and with month one (1) as provided in EXHIBIT B referring to the first full month). Tenant hereby delivers to Landlord the Prepaid Base Rent (as defined in EXHIBIT B attached hereto) to be held by Landlord and applied towards the fourth, sixth and eighth installments of Base Rent payable under this Lease Term following the Rent Commencement Date (i.e., $383,551.88except as otherwise provided in EXHIBIT B); and (ii) the Estimated Expenses . If any payment or installment of "Rent" (as defined below) payable shall not be received by Tenant for the Premises for the first Landlord within five (1st5) full month days of the Lease Term (i.e.date due then, $91,597.86). If any rental payment date (including the Lease Commencement Date with respect in addition to all other rights and remedies to which Landlord is entitled, Tenant shall also be responsible for and shall immediately pay Landlord, as Additional Rent, a service charge equal to the Base Rent or the Rent Commencement Date with respect to Estimated Expensesgreater of (i) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.sum

Appears in 1 contract

Samples: Comprehensive Care Corp

Base Rent. Commencing on the The Annual Base Rent Commencement Date, Tenant shall pay, without notice be THIRTY SEVEN THOUSAND THREE HUNDRED FOUR AND 96/100 DOLLARS ($37,374.96) and shall be paid by TENANT to LANDLORD at its principal office or demand, to Landlord at the address set forth in Section 3 that of the Summary, its agent or at such any other place as Landlord may from time to time designate hereafter designated in writingwriting by LANDLORD, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Three Thousand One Hundred Fourteen and 58/100 DOLLARS ($3,114.58), on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoeverterm hereof. Concurrently The first month's Base Rent shall be paid simultaneously with Tenant’s execution of this Lease, Tenant receipt of which is hereby acknowledged by LANDLORD. On the Commencement Date, TENANT shall deliver to Landlord an pay a pro rata amount equal to $475,149.74of rent, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant if any, for the Premises for period from the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month the next calendar month. TENANT shall promptly pay any and all Rent due hereunder at the times and at the address for LANDLORD stated above. TENANT shall promptly pay charges for work performed on order of TENANT and any other charges that accrue under this Lease. If any part of the Rent or other charges shall remain due and unpaid for five (5) days after the same become due and payable, LANDLORD shall have the option (in addition to all other rights and remedies available to it by law and in equity) of assessing against TENANT a "late charge" equal to five (5) cents for every dollar of Rent which is past due, which late charge assessment shall be deemed to be Additional Rent. The term Annual Base Rent may hereinafter by referred to as "Base Rent", "Annual Base Rent", or "Rent". LANDLORD shall have the option to assess a charge against TENANT, if any of TENANT's payment checks shall be returned to LANDLORD marked "NSF" for insufficient funds, in the amount of $25.00. Additionally, if at any time during the Term of this Lease, including any extensions or option terms, LANDLORD shall receive any two payment checks from TENANT returned to LANDLORD marked "NSF" then LANDLORD may demand that TENANT make the balance of its rental payments by cashier's check. TENANT may be instructed by LANDLORD to make rental payments to a "lock box", at Southeast Bank or such other institution as LANDLORD may designate. Due to the nature of the handling of such payments, those which LANDLORD would normally not accept under the below circumstances may be deposited in LANDLORD's account anyway. Therefore, in the event that the payment made by TENANT is in an amount which is less than what is due or, in the event that TENANT has received a statutory notice and failed to comply with its demands and/or litigation is pending concerning TENANT's nonpayment of rent or as a result of other defaults by TENANT under the Lease, then, notwithstanding the fact that the rental payment is received may be deposited in LANDLORD's "lockbox" at Southeast Bank or such other institution utilized for a period this purpose by LANDLORD, same SHALL NOT BE DEEMED ACCEPTED unless and until the default which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount subject of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears above actions is cured to the number satisfaction of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made LANDLORD and as provided under the terms of this Lease that require proration and Florida law. Such DEPOSITED BUT UNACCEPTED RENTAL PAYMENT(S) will be refunded to TENANT on a LANDLORD issued check within a reasonable time basis after such deposit is made. Such deposit of TENANT's check, under the above circumstances, shall be prorated on in no way prejudice LANDLORD's rights under Florida law and/or the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateLease.

Appears in 1 contract

Samples: Lease Agreement (Kos Pharmaceuticals Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 4.2 of the Summary, or or, at Landlord's option, at such other place as Landlord may from time to time designate in writingby delivering written notice to Tenant at Tenant's notice address as set forth herein, in currency or by a check or wire transfer for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following shall be paid at the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month time of the Lease Term (i.e., $91,597.86)Tenant's execution of this Lease. If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/360 of the applicable annual Rent. It is intended that this Lease be a proportionate amount of a full calendar month’s rental based on the proportion "triple net lease," and that the number of days in such fractional month bears Rent to be paid hereunder by Tenant will be received by Landlord without any deduction or offset whatsoever by Tenant, foreseeable or unforeseeable. Except as expressly provided to the number contrary in this Lease, Landlord shall not be required to make any expenditure, incur any obligation, or incur any liability of days any kind whatsoever in connection with this Lease or the calendar month during which such fractional month occursownership, construction, maintenance, operation or repair of the Premises, Building or Project. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (Collectors Universe Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency by a wire transfer of immediately available funds or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverexcept as expressly provided for in this Lease. Concurrently with The Base Rent for the first full calendar month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than is not the first day of such month or if any rental payment is for a period which is shorter than one month, then Rent for the rental for any such fractional partial month commencing as of the Lease Commencement Date shall be a proportionate amount of a full calendar month’s rental prorated based on upon the proportion that the actual number of days in such fractional month bears to and shall be due and payable upon the number of days in the calendar month during which such fractional month occursLease Commencement Date. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall also be prorated on based upon the same basisactual number of days in such month. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant is not in then default under this Lease after expiration of doubtapplicable cure periods, Landlord hereby agrees to xxxxx Tenant’s obligation to pay Base Rent for the second (2nd) through and including the seventh (7th) full calendar months of the Lease Term. Such abated Base Rent may be referred to herein as the “Abated Rent.” During such abatement period, Tenant shall still be responsible for the payment of Base Rent all of its other monetary obligations under this Lease including, without limitation, any obligations to pay Additional Rent. In the event of a default by Tenant under the terms of this Lease that results in early termination of this Lease, then as a part of the recovery set forth in Section 19.2 below, Landlord shall commence be entitled to the recovery of the unamortized portion of the Abated Rent. Amortization pursuant to the immediately preceding sentences shall be calculated on an eighty-four (84) month amortization schedule commencing as of the Lease Commencement Date based upon equal monthly payments of principal and interest, with interest imputed on the Rent Commencement Dateoutstanding principal balance at the rate of eight percent (8%) per annum.

Appears in 1 contract

Samples: Lease (Ligand Pharmaceuticals Inc)

Base Rent. Commencing on the Rent Commencement DateExcept as expressly provided for in this Lease, Tenant shall paypay to Landlord in advance, without notice or demand, to Landlord abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing. Payments of Base Rent for any fractional calendar month shall be prorated. Tenant shall have no right at any time to xxxxx, in currency reduce, or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 of 5) due hereunder except for any abatement as may be expressly provided in this Lease. Tenant shall be permitted to pay to Landlord all amounts due hereunder by electronic funds transfer. Notwithstanding the Summaryforegoing to the contrary, payable provided that Tenant is not in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month Default under this Lease during the Lease TermAbatement Period, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver Landlord agrees to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) xxxxx the Base Rent payable by Tenant due for the Premises for the first time period from February 1, 2020, through May 31, 2020 (1st) full month of the Lease Term following “Abatement Period”). The total Base Rent abated during the Rent Commencement Date Abatement Period is hereby stipulated to be $2,447,067.00 (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant equal to 4 months of abatement for the Premises for Premises) (the first (1st) full month of the Lease Term (i.e., $91,597.86“Abated Rent”). If During the Abatement Period Tenant shall pay Operating Expenses and any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month and all other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made sums due under the terms of this Lease that require proration on a time basis shall be prorated on the same basiswithout abatement. For the avoidance of any doubt, Tenant’s obligation for to the payment extent Tenant leases additional space either pursuant to the Must Take Provision set forth in 455 Mission Bay / Nektar - Page 4 Section 39 below or the Right of First Offer set forth in Section 40 below, the abatement of Base Rent for the Abatement Period shall commence on the Rent Commencement Datenot apply with respect to any such additional space leased by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Nektar Therapeutics)

Base Rent. Commencing on During the Term, Subtenant shall pay to Sublandlord, in accordance with the terms of this Sublease, base rent ("Base Rent") for the Subleased Premises in monthly installments in an amount equal to the product of (i) $1.75 per rentable square foot of the Subleased Premises per month, multiplied by (ii) the rentable square footage of the Subleased Premises (as verified pursuant to Section 4.4 below following the substantial completion of the "Demising Work," as those terms are defined in Section 4.3 below); provided, however, until such time as the verification of the rentable square footage of the Subleased Premises has occurred pursuant to Section 4.4 below, Subtenant shall pay Base Rent in the estimated amount of $10,500.00 per month (i.e., $1.75 per rentable square foot of the Subleased Premises multiplied by 6,000 rentable square feet), subject to reconciliation upon such verification. Within thirty (30) days following such verification, Subtenant shall pay to Sublandlord any deficiency in prior payments of Base Rent relating to the period from and after the Commencement DateDate through the date that the next installment of Base Rent is paid by Subtenant, Tenant or, if Subtenant shall payhave overpaid Base Rent during such period, then Subtenant shall be entitled to a credit against the next succeeding installment(s) of Base Rent in an amount equal to such overpayment (or if no installments of Base Rent remain due hereunder, then Sublandlord shall refund such overpayment to Subtenant within thirty (30) days after such verification). The Base Rent for the first full calendar month of the Term shall be paid at the time of Subtenant's execution of this Sublease. Any and all amounts payable by Subtenant to Sublandlord pursuant to the terms of this Sublease (other than Base Rent) are herein collectively referred to as "Additional Rent," and Base Rent and Additional Rent are herein collectively referred to as "Rent." Except as otherwise expressly provided herein, all Rent shall be payable by Subtenant without notice or notice, demand, to Landlord at the address set forth in Section 3 of the Summarysetoff or deduction, or at such other place as Landlord may from time to time designate in writing, in currency or either (a) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as to Sublandlord at the place set forth as Sublandlord's address for notices hereunder or, at Sublandlord's option, to such other party or at such other place as Sublandlord may from time to time designate in Section 8 a written notice to Subtenant, or (b) by electronic transfer of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect U.S. funds pursuant to the Base Rent following instructions, or pursuant to such other instructions as Sublandlord may from time to time designate in a written notice to Subtenant: Beneficiary Name: Google Inc. Bank Name: Xxxxx Fargo ABA Routing #: 000000000 Bank Account #: 4375669785 If the Rent Commencement Date with respect to Estimated Expenses) falls Term begins or ends on a day of the month other than the first or last day of such a month or if any rental payment Rent is otherwise payable for a period which is shorter than one month, then the rental Rent for any such fractional partial month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basisbasis of a thirty (30) day month. For At any time during the avoidance Term, Sublandlord may deliver to Subtenant a notice in the form as set forth in Exhibit B, attached hereto, as a confirmation only of doubtthe information set forth therein, Tenant’s obligation for the payment which Subtenant shall execute and return to Sublandlord within five (5) days of Base Rent shall commence on the Rent Commencement Datereceipt thereof.

Appears in 1 contract

Samples: Sublease (Digital Domain Media Group, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time monthly installments of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e.or if the first full month of the Lease Term is within a free rent period, $91,597.86)then the Base Rent for the first full month which occurs after the expiration of any free rent period) shall be paid at the time of Tenant’s execution of this Lease. If any rental or other payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental or other payment is for a period which is shorter than one month, then the rental or other payment for any such fractional month shall be a proportionate amount of a full calendar month’s rental or other payment based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All Notwithstanding anything to the contrary contained herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, Landlord hereby agrees to xxxxx Tenant’s obligation to pay monthly Base Rent for the second (2nd) through fifth (5th) full months of the initial Lease Term. During such abatement periods, Tenant shall still be responsible for the payment of all of its other payments or adjustments required to be made monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that require proration on results in early termination pursuant to the provisions of Section 19.1 of this Lease, then as a time basis part of the recovery set forth in Section 19.2 of this Lease, Landlord shall be prorated on entitled to the same basis. For recovery of the avoidance of doubt, Tenant’s obligation for the payment of monthly Base Rent shall commence on abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Office Lease (Women First Healthcare Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, covenants and agrees to pay to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with except as otherwise expressly provided herein, the full amount of all Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease (including, without limitation, any charges for replacement of electric lamps and ballasts in non-Building Standard light fixtures and any other services, goods or materials in excess of the services to be provided by Landlord hereunder that are furnished by Landlord at Tenant’s execution request), all of which hereinafter may be collectively called “Rent”. In addition Tenant shall pay and be liable for, as Additional Rent, all rent, sales and use taxes or other similar taxes, if any, levied or imposed by any city, state, county or other governmental body having authority, such payments to be in addition to all other payments required to be paid to Landlord by Tenant under the terms and conditions of this Lease. Any such payments shall be paid by Tenant directly to the taxing authority when due or thereafter upon demand by Landlord or, if not so paid, then concurrently with the payments of the Rent on which the tax is based. The Base Rent and Additional Rent for each calendar year or portion thereof during the Lease Term, shall be due and payable in advance in monthly installments on the first day of each calendar month during the Lease Term and any extensions or renewals hereof, and Tenant shall deliver hereby agrees to pay such Base Rent and Additional Rent to Landlord an amount equal to $475,149.74, which amount shall be comprised without demand. If the obligation of the following: (i) Tenant to pay the Base Rent payable by Tenant for and the Premises for the first (1st) full month of the Lease Term following the Additional Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or Landlord, pursuant to the Rent Commencement Date with respect to Estimated Expenses) falls provisions of Sections 1.B. and 1.E., above, commences on a day of the month other than the first day of such a month or or, if any rental payment is for the Lease Term terminates on a period which is shorter day other than one the last day of a month, then the rental installments of Base Rent and Additional Rent for any such fractional month or months shall be prorated on a proportionate amount of a full calendar month’s rental per diem basis, based on the proportion that the number of days in such fractional month bears month. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed 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 available remedy. The acceptance by Landlord of an installment of Rent on a date after the due date of such payment shall not be construed to be a waiver of Landlord’s right to declare a default for any other late payment. All amounts received by Landlord from Tenant hereunder shall be applied first to the number of days in the calendar month during which such fractional month occursearliest accrued and unpaid Rent then outstanding. All other payments or adjustments required Tenant’s covenant to be made under the terms of this Lease that require proration on a time basis pay Rent shall be prorated on the same basisindependent of every other covenant set forth in this Lease. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the and any other Rent Commencement Datemay be paid via check or via electronic transfer of funds (via wire transfer or ACH transfer), and Landlord agrees to cooperate with Tenant to provide any information reasonably requested by Tenant in order to permit Tenant to make Rent payments in such manner.

Appears in 1 contract

Samples: Office Lease Agreement (Diamondback Energy, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall paycovenants and agrees to pay to Landlord, without notice prior demand and without offset, deduction or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of Americaabatement, base rent for the full Lease Term in the amount (before Cost of Living Increases) of $307,473.75 (“Base Rent”) as set forth in Section 8 ), for a Minimum annual Base Rent of $102,491.25 before adjustments. For each twelve month period following the Summary, payable in equal monthly installments as set forth in Section 8 preceding twelve full months of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without Tenant shall pay as Additional Rent any setoff such amount as may be necessary to increase the annual Base Rent (calculated upon a rate of $9.05 per rentable square foot) by three percent (3%) in excess of the prior twelve month period. Tenant shall further pay as Additional Rent any sales or deduction whatsoeveruse tax imposed on rents collected by Landlord or any tax on rents in lieu of ad valorem taxes on the Building, even though laws imposing such taxes attempt to require Landlord to pay the same. Concurrently with If any such sales or use tax shall be imposed upon Landlord, and Landlord shall be prohibited by applicable law from collecting the amount of such tax from Tenant as Additional Rent. then Landlord, upon sixty (60) days prior written notice to Tenant’s execution , may terminate this Lease, unless Tenant legally can and does in fact reimburse Landlord for such tax. Unless expressly otherwise provided herein, Rent (as hereinafter defined) shall commence on the earlier of: (i) sixty days following the Commencement Date; (ii) occupancy of the Premises by Tenant. For the purposes of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised the installation or storage of the following: computer system in the conference room area does not define occupying the Premises, (iiii) the Base Rent payable by Tenant for date Landlord has the Premises ready for occupancy by Tenant, as such date is adjusted under the first Workletter, if any, attached hereto; or (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (iiiv) the Estimated Expenses (as defined below) payable by Tenant for date Landlord could have had the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect ready had there been no Delays attributable to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Deed of Lease (TopBuild Corp)

Base Rent. Commencing on the Rent Commencement DateSubject to Section 3.2, Tenant shall pay, without notice or demanddemand except as otherwise expressly provided herein, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 6 of the Summary, payable in equal monthly installments as set forth in Section 8 6 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease TermTerm commencing on the Lease Commencement Date, without any setoff or deduction whatsoeverwhatsoever except as otherwise expressly provided herein. Concurrently with The Base Rent for the first full month of the Lease Term during which Base Rent is payable shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be accrue on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term (if sooner) at a rate per day which such fractional month occursis equal to 1/365 of the Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For All payments received by Landlord from Tenant shall be applied, if Landlord elects in its sole discretion, to the avoidance of doubtoldest payment obligation owed by Tenant to Landlord, and no designation by Tenant’s obligation for the payment of Base Rent , either in a separate writing or on a check or money order, shall commence on the Rent Commencement Datemodify this clause or have any force or effect.

Appears in 1 contract

Samples: Rooftop Area License Agreement (Cornerstone OnDemand Inc)

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth on Page 1 of this Lease. The first month’s Base Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and such Base Rent Commencement Date, Tenant and Operating Expenses payments shall pay, without notice or demand, be applied to Landlord at the address first full month’s rental due after the expiration of the free rent period set forth in Section 3 Addendum One. Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Base Rent on or before the Summaryfirst day of each calendar month succeeding the Commencement Date in accordance with the rent scheduled set forth in Addendum One. Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord hereunder (or to such other party as Landlord may from time to time specify in writing) shall be made by check or by Electronic Fund Transfer (“EFT”) of immediately available federal funds before 11:00 a.m., or Pacific Time at such other place place, within the continental United States, as Landlord may from time to time designate to Tenant in writing, . The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Except as expressly provided in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver have no right at any time to xxxxx, reduce, or set-off any rent due hereunder except as may be expressly provided in this Lease. If Tenant is delinquent in any monthly installment of Base Rent or of estimated Operating Expenses for more than 5 days, Tenant shall pay to Landlord an amount on demand a late charge equal to $475,149.745 percent of such delinquent sum, which amount provided the first late charge in any 12 month period shall be comprised waived by Landlord. 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 a penalty. Notwithstanding the foregoing, the parties anticipate that Landlord will be able to Substantially Complete certain portions of the following: Warehouse Initial Improvements in phases (ithe “Phased Space”) for delivery to Tenant in such a condition that Tenant can commence business operations within such Phased Space and prior to the completion of the Office Initial Improvements. Plans depicting each Phased Space of the Warehouse Space are attached hereto as Exhibits A-1 and A-2. Tenant shall be permitted to attend all weekly project meetings and Landlord shall use commercially reasonable efforts to advise Tenant of a change in the regular schedule of the same. At least five (5) business days prior to delivery of any such Phased Space Landlord shall notify Tenant in writing of Landlord’s intention to deliver such Phased Space. Upon delivery of the Phased Space Tenant shall pay Base Rent and Operating Expenses on a proportionate basis for such Phased Space, using the Base Rent payable amount of $[***] per square foot per month and prorated Operating Expenses applicable to such Phased Space. During any such phased occupancy of Phased Space prior to the Commencement Date Tenant shall be bound by Tenant for its obligations under the Premises for Lease, including the first (1st) full month obligation to provide evidence of insurance. The delivery of any Phased Space, and Tenant’s acceptance of any Phased Space, shall not affect the Commencement Date, which shall not be deemed to occur until Substantial Completion of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses Warehouse Initial Improvements (as defined below) payable by in Addendum 5), excluding the Building Upgrades. Upon Substantial Completion of the Warehouse Initial Improvements, the Commencement Date shall be deemed to occur and Tenant shall commence payment of Base Rent for the Premises for Warehouse Space in accordance with the first (1st) full month Base Rent schedule set forth in Addendum 1. Tenant’s obligation to commence payment of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date Base Rent with respect to the Office Space shall commence upon Substantial Completion of the Office Initial Improvements (and the free rent period applicable to the Office Space shall also commence on such Substantial Completion such that Tenant will receive the full value of the Base Rent or the abatement (which variable amount depending on Tenant’s closing on Series E funding is shown on Addendum 1), subject to Tenant’s funding pursuant to Addendum 1, where it shall be offset against Tenant’s Base Rent Commencement Date with respect to Estimated Expenses) falls on a day obligation as it becomes due upon delivery of the month other than the first day of such month or if any rental payment is for a period which is shorter than one monthPremises), then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears Notwithstanding anything to the number contrary herein, Substantial Completion of days the Creative Space Improvements and the Building Upgrades (as each term is defined in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on Addendum 5) is not a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation condition for the obligation to commence payment of Base Rent and Operating Expenses, and Tenant acknowledges that the Creative Space Improvements and the Building Upgrades will not be Substantially Completed prior to the Commencement Date, and shall not affect the Term of the Lease. Base Rent and Operating Expense obligations for the portion of the Warehouse Space that includes the Creative Space Improvements shall commence on as soon as the Rent Commencement DateOffice Initial Improvements have been Substantially Completed, regardless of whether the Creative Space Improvements and Building Upgrades are Substantially Complete.

Appears in 1 contract

Samples: Lease Agreement (TheRealReal, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Landlord agrees to provide ACH information to Tenant. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.7464,029.50, which amount shall be comprised of the following: (i) represents the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86)Term. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Landlord hereby agrees to xxxxx Tenant’s obligation to pay (i) one hundred percent (100%) of Tenant’s monthly Base Rent for the second (2nd), third (3rd), fourth (4th) and fifth (5th) full months of the initial Lease Term, and (ii) fifty percent (50%) of Tenant’s monthly Base Rent for the sixth (6th), seventh (7th), eighth (8th) and ninth (9th) full months of the initial Lease Term (collectively the “Abated Rent”). During such abatement period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as a part of the recovery set forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the unamortized amount of the monthly Base Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Lease (Poseida Therapeutics, Inc.)

Base Rent. Commencing Base Rent for the first full calendar month immediately following the expiration of the Abatement Period (as defined below) (or, if the first month immediately following the expiration of the Abatement Period is not a full calendar month, then the first full calendar month immediately following the expiration of the Abatement Period) and the Security Deposit shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. Such prepaid Base Rent shall be applied to Base Rent payable commencing on the date immediately following the expiration of the Abatement Period (as defined below). Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Rent Commencement DateDate (subject to the Abatement Period), Tenant shall payin lawful money of the United States of America, without notice or demand, to Landlord at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing, in currency or a check via federally insured wire transfer (including ACH) pursuant to the wire instructions provided by Landlord. Payments of Base Rent for currency whichany fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to abxxx, at the time of paymentreduce, is legal tender for private or public debts in the United States of America, base rent set-off any Rent (“Base Rent”) as set forth defined in Section 8 of 5) due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything contained herein to the Summarycontrary, payable so long as Tenant is not then in equal monthly installments as set forth in Section 8 of default under this Lease (beyond any applicable notice or cure periods), Base Rent shall be abated for the Summary in advance period commencing on or before the Rent Commencement Date and(or, thereafter, if the Rent Commencement Date does not occur on the first day of each and every month during a calendar month, then on the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised first day of the following: (ifirst full calendar month following the Rent Commencement Date) through the Base Rent payable by Tenant for the Premises for the first (1st) full month expiration of the Lease Term 3rd full calendar month following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86“Abatement Period”). If any rental payment date (including the Lease Commencement Date with respect Notwithstanding anything to the Base Rent or contrary contained herein, if the Rent Commencement Date with respect to Estimated Expenses) falls occurs on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based then, on the proportion that Rent Commencement Date, Tenant shall pay to Landlord the number of days in such fractional month bears prorated Base Rent due (which shall not be subject to the number of days in abatement pursuant to this paragraph) for the calendar month during in which such fractional month the Rent Commencement Date occurs. All other payments or adjustments required Tenant shall commence paying full Base Rent with respect to be made under the terms of this Lease that require proration on a time basis shall be prorated entire Premises on the same basisday immediately following the expiration of the Abatement Period. For the avoidance of doubt, Tenant’s obligation for Tenant acknowledges and agrees that if the payment Rent Commencement Date does not occur on the first day of Base Rent shall commence a calendar month, Tenant will, on the Rent Commencement Date, pay Landlord the Base Rent due for such partial month.

Appears in 1 contract

Samples: Lease Agreement (Vaxcyte, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at pay Base Rent in the address amount set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Basic Lease Provisions. The third month's Base Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) as set forth shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in Section 8 of the Summaryadvance, payable in equal without demand, deduction or set-off, monthly installments as set forth in Section 8 of the Summary in advance Base Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during succeeding the Lease Term, without any setoff or deduction whatsoeverCommencement Date. Concurrently with Tenant’s execution Payments of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional calendar month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occursprorated. All other payments or adjustments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligation of Landlord under the terms of this Lease that require proration on a are independent obligations. Tenant shall have no right at any time basis shall to abate, reduce, or set-off any rent due hereunder except as may be prorated on the same basisexxxxxxly provided in this Lease. For the avoidance of doubt, Tenant’s obligation for the payment If Tenant is delinquent in any monthly installment of Base Rent or of estimated Operating Expenses for more than 5 business days, Tenant shall commence pay to Landlord on demand a late charge equal to 5 percent of such delinquent sum. 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 a penalty. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of Rent Commencement Datedue under this Lease shall be deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed 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 available remedy. The acceptance by Landlord of an installment of Rent on a date after the due date of such payment shall not be construed to be a waiver of Landlord's right to declare a default for any other late payment.

Appears in 1 contract

Samples: Lease Agreement (Pods Inc)

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth above. The first month’s Base Rent and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the Rent Commencement Date, . Tenant shall paypromises to pay to Landlord in advance, without notice or demand, to Landlord at deduction or set-off during the address set forth in Section 3 of the Summaryterm hereof, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during succeeding the Lease Term, without any setoff or deduction whatsoeverCommencement Date except as otherwise provided herein. Concurrently with Tenant’s execution Payments of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional calendar month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occursprorated. All other payments or adjustments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under the terms of this Lease that require proration on a are independent obligations. Tenant shall have no right at any time basis shall to xxxxx, reduce, or set-off any rent due hereunder except as may be prorated on the same basisexpressly provided in this Lease. For the avoidance of doubt, Tenant’s obligation for the payment If Tenant is delinquent in any monthly installment of Base Rent or of estimated Operating Expenses for more than fifteen (15) days, Tenant shall commence pay to Landlord on the Rent Commencement Datedemand a late charge equal to three and one half percent (3.5%) of such delinquent sum, provided however, Landlord shall forgive Tenant one (1) late charge per calendar year. The provision for such late charge shall be in addition to all of Landlord’s other rights and remedies hereunder or at law.

Appears in 1 contract

Samples: Lease Agreement (Gilead Sciences Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice prior notice, demand, setoff or demanddeduction, to Landlord or Landlord’s agent at the address set forth in Section 3 10 of the Summary, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency or by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 9 of the Summary, payable in equal monthly installments as set forth in Section 8 9 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first (1st) day of each and every calendar month during the Lease Term, without any abatement, setoff or deduction whatsoever. Concurrently In accordance with Section 29.25, this Article 3 shall be construed as though the covenants herein between Landlord and Tenant are independent and Tenant shall not be entitled to any setoff of the Rent or other amounts owing to Landlord under this Article 3. The Base Rent for the first full month of the Lease Term which occurs after the expiration of any free rent period shall be paid at the time of Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental Rent payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the rental Rent for any such fractional month shall be calculated on a proportionate amount of a full calendar month’s rental based on daily basis for the proportion that period from the number of days in date such fractional month bears payment is due to the number end of days in the such calendar month during or to the end of the Lease Term at a rate per day which such fractional month occursis equal to 1/30th of the applicable monthly Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (Midwest Banc Holdings Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s 's execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first fourth (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st4th) full month of the Lease Term (i.e., Three Hundred Twenty-Seven Thousand One Hundred Fifty-Seven and 60/100 Dollars ($91,597.86327,157.60)). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s 's rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and so long as Tenant is not then in default under this Lease (beyond the expiration of doubtall applicable notice and cure periods), Landlord hereby agrees to xxxxx Tenant’s 's obligation to pay one hundred percent (100%) of Tenant's monthly Base Rent for the first three (3) full months of the initial Lease Term (the "Abated Rent"). During such abatement period, Tenant shall still be responsible for the payment of Base all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Article 19 of this Lease, then as a part of the recovery set 879352.05/SD374622-00001/3-28-19/MLT/bp -5- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] forth in Article 19 of this Lease, Landlord shall be entitled to the recovery of the unamortized portion of the Abated Rent shall commence on that was abated under the Rent Commencement Dateprovisions of this Article 3.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Fluidigm Corp)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”a) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s On execution of this Lease, Tenant shall deliver pay to Landlord an the amount equal specified in the definition of Prepaid Rent for the month specified in the definition of that term. Tenant agrees to $475,149.74pay Base Rent to Landlord without demand, which amount in advance on or before the first day of each calendar month of the Lease Term. Base Rent for any partial month at the beginning or end of the Lease Term shall be comprised prorated. Base Rent for any partial month at the beginning of the following: Lease Term shall be paid by Tenant on the Commencement Date. (ib) Provided Tenant is not in default under any of the terms, covenants and conditions of the Lease, Tenant shall be credited with the payment of Monthly Base Rent payable by Tenant for with respect to the Premises for the first second (1st2nd), third (3rd) full month and fourth (4th) months of the Lease Term following Term. No such Base Rent credit shall reduce the amount of Additional Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) other charges which is otherwise payable by Tenant for under this Lease. Tenant understands and agrees that the Premises for foregoing rental credit is conditioned upon Tenant's not having wrongfully terminated this Lease or Landlord not having terminated this Lease by reason of Tenant's default under this Lease (each such termination, a "Trigger Event"). Accordingly, (i) upon the first (1st) full month occurrence of any Trigger Event during any portion of the Lease Term (i.e.rental credit period, $91,597.86). If any the foregoing rental payment date (including the Lease Commencement Date with respect to credit shall be null and void, and all of the Base Rent or which, in the Rent Commencement Date with respect absence of such rental credit, would have been payable during such period up to Estimated Expenses) falls on a day the date of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month Trigger Event shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, become immediately due and payable by Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Letter and Construction Agreement (Childrens Place Retail Stores Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord's agent at the address set forth in Section 3 management office of the SummaryProject, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent ("Base Rent") as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the and estimated Additional Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., in the aggregate amount of $91,597.86)60,537.73) shall be paid at the time of Tenant's execution of this Lease. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s 's rental based on the XXXXXXXX PLAZA Vivus, Inc. XXXXXXXX PLAZA Vivus, Inc. proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For If, at any time, Tenant is in default of any monetary or other material term, condition or provision of this Lease beyond applicable notice and grace periods, to the avoidance fullest extent permitted by law, any express or implicit waiver by Landlord of doubt, Tenant’s obligation for the payment of 's requirement to pay Base Rent during any period of time from and after the Lease Commencement Date shall commence on the be null and void and Tenant shall immediately pay to Landlord all Base Rent Commencement Dateso expressly or implicitly waived by Landlord.

Appears in 1 contract

Samples: Office Lease (Vivus Inc)

Base Rent. Commencing on Prior to May 1, 2006, Tenant shall pay the rent to Landlord as was due under its sublease, pursuant to Article III, Paragraph 4 of this Lease. Beginning May 1, 2006 (the “Rent Commencement Date”) and continuing thereafter through the term of the Lease, Tenant shall pay Base Rent for the Demised Premises in equal monthly installments payable in advance. The first monthly payment of Base Rent shall be made upon the Rent Commencement Date, Tenant and the second and subsequent monthly payments shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance be made on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month thereafter during the Lease Term, without any setoff or deduction whatsoeverTerm hereof. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount Such payment shall be comprised made at the office of the following: (i) the Base Rent payable FCS Building Association, 0000 Xxxx Xxxxxx Xxxxx, XxXxxx, Virginia 22101, or to such other party or to such other address as Landlord may designate from time to time by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e.written notice to Tenant. Such payment shall be made without demand, $383,551.88); notice, or invoice and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e.without deduction, $91,597.86)set-off, or counterclaim. If any rental payment date (including the Lease Commencement Date with respect All costs and expenses in addition to the Base Rent that Tenant assumes or agrees to pay Landlord pursuant to this Lease shall be deemed to be additional rent. Base Rent and additional rent are sometimes referred to collectively herein as “rent”. If Landlord shall at any time or times accept said rent after it shall become due and payable, such acceptance shall not excuse delay upon any subsequent occasion, or constitute, or be construed as, a waiver of any or all of Landlord’s rights hereunder. Rent shall be made payable to FCS Building Association or to such other persons, firm, or corporation as Landlord may designate in writing. If the Rent Commencement Date with respect to Estimated Expenses) falls Term of this Lease begins on a day of the month date other than on the first of a month, then rent from such date until the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional following month shall be a proportionate amount prorated at the rate of a full calendar month’s rental based on one-thirtieth (1/30th) of the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of monthly Base Rent shall commence on the Rent Commencement Datefor each day payable in advance.

Appears in 1 contract

Samples: Lease (Global Defense Technology & Systems, Inc.)

Base Rent. Commencing The Security Deposit shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. Base Rent for the month in which the Rent Commencement Date occurs (or, if the Rent Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the Rent Commencement Date) shall be paid by Tenant to Landlord no later than thirty (30) days prior to the Rent Commencement Date. Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Rent Commencement Date, Tenant shall payin lawful money of the United States of America, without notice or demand, to Landlord at the address office of Landlord for payment of Rent set forth in Section 3 of the Summaryabove, or to such other person or at such other place as Landlord may from time to time designate in writing, or via federally insured wire transfer (including ACH) pursuant to the wire instructions provided by Landlord. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any Rent (as defined in currency or a check Section 5) due hereunder except for currency whichany abatement as may be expressly provided in this Lease. Notwithstanding the foregoing to the contrary, at provided Tenant is not in default under the Lease, for the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before period from the Rent Commencement Date and, thereafter, through the first day of each and every month during immediately preceding the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised 1-year anniversary of the following: Rent Commencement Date (i) the “Partial Base Rent Abatement Period”), the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the shall be partially abated so that during this time period Tenant shall pay Base Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to 34,825.5 rentable square feet and the Base Rent or shall be abated for the Rent Commencement Date with respect to Estimated Expenses) falls on a day remaining 11,608.5 rentable square feet of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basisPremises. For the avoidance of doubt, Tenant’s obligation for the payment of foregoing partial abatement during the Partial Base Rent Abatement Period shall commence on only apply with respect to the Base Rent Commencement Dateand Tenant shall remain obligated to pay in full for all other sums due and owing under the Lease, including Additional Rent, with respect to the entirety of the rentable square feet of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Nurix Therapeutics, Inc.)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, covenants to pay to Landlord during the Term hereof, at Landlord’s office at the address set forth in Section 3 of the Summary, Subsection 1(j) hereof or to such other persons or at such other place places as Landlord may directed from time-to-time by written notice to time designate in writingTenant from Landlord, in currency or a check for currency which, at monthly rental (hereinafter referred to as the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as in the amount set forth in Section 8 of the SummarySubsection 1(c) hereof due and payable without demand, payable in equal monthly installments offset, deduction, or, except as set forth in Section 8 of the Summary otherwise expressly provided herein, abatement therefor, in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month day of the Lease Term following the Rent each calendar month; except that if Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for occurs on a day other than the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one calendar month, then the rental Base Rent for any such fractional the fraction for the month starting with the Commencement Date shall be a proportionate amount of a full calendar month’s rental based paid on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be Commencement Date, prorated on the basis of a thirty (30) day month. Notwithstanding the foregoing, Tenant shall pay Base Rent (or any other amounts required hereunder) by bank wire or electronic funds transfer (“EFT”) or Automated Clearing House (“ACH”) and Landlord shall provide Tenant with wiring instructions or other reasonably necessary information to accomplish such EFT or ACH. If any installment of Rent or any other charge due from Tenant is not received by Landlord or Landlord’s designee within three business days of when due then, at Landlord’s election and upon Landlord’s demand, Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, and in such event the parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of the late payment by Tenant; provided, however, that Landlord shall waive the imposition of the late charge for the first late payment in any twelve (12) month period during the Term provided Tenant pays such overdue amounts within five (5) Business Days following written notice from Landlord that such amounts are past due. No late charge may be imposed more than once for the same basislate rental payment. For the avoidance Acceptance of doubt, such late charge by Landlord shall in no event constitute a waiver of Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datedefault with respect to such overdue amount, nor prevent Landlord from exercising any other rights and remedies granted to it hereunder.

Appears in 1 contract

Samples: Lease (Cerus Corp)

Base Rent. Commencing Tenant shall pay Base Rent in the amounts set forth on Addendum 4 attached hereto. Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Base Rent and estimated Operating Expenses (as hereafter defined) on or before the Commencement Date and the first day of each calendar month succeeding the Commencement Date. Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord hereunder (or to such other party as Landlord may from time to time specify in writing) shall be made at the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the SummaryPayment Address, or at such other place place, within the continental United States, as Landlord may from time to time designate to Tenant in writing. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to abxxx, reduce, or set-off any rent due hereunder except as may be expressly provided in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease. If Tenant is delinquent in any monthly installment of Base Rent or of estimated Operating Expenses for more than 5 days, Tenant shall deliver pay to Landlord an amount on demand a late charge equal to $475,149.74, which amount 8 percent of such delinquent sum. The provision for such late charge shall be comprised in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as a penalty. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of rent due under this Lease shall be deemed to be other than a payment on account of the following: (i) earliest rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the Base Rent payable balance or pursue any other available remedy. The acceptance by Tenant Landlord of an installment of rent on a date after the due date of such payment shall not be construed to be a waiver of Landlord's right to declare a default for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86)any other late payment. If any rental Tenant's payment date (including the Lease Commencement Date with respect to the Base Rent by check is returned for non-sufficient funds or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other reason, Landlord at its sole option may require all future payments or adjustments required to be made under by cashier's or certified check, money order, or wire transfer, and the terms delivery of this Lease that require proration on a time basis Tenant's personal or corporate check shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the no longer constitute payment of Base Rent shall commence on the Rent Commencement Datethereof.

Appears in 1 contract

Samples: Lease Agreement (Optex Systems Holdings Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time monthly installments of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution Notwithstanding anything to the contrary contained herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, Tenant shall deliver Landlord hereby agrees to Landlord an amount equal xxxxx Tenant’s obligation to $475,149.74, which amount shall be comprised of the following: (i) the pay monthly Base Rent payable by Tenant for the Premises and Additional Rent for the first five (1st5) full months plus the first two (2) weeks of month six (6) of the initial Lease Term following Term. During such abatement periods, Tenant shall still be responsible for the Rent Commencement Date (i.e., $383,551.88); and (ii) payment of all of its other monetary obligations under this Lease. In the Estimated Expenses (as defined below) payable event of a default by Tenant for under the Premises terms of this Lease that results in early termination pursuant to the provisions of Section 19.1 of this Lease, then as a part of the recovery set forth in Section 20 of this Lease, Landlord shall be entitled to the recovery of the monthly Base Rent abated under the provisions of this Article 3. The Base Rent for the first (1st) full month of the Lease Term (i.e.or if the first full month of the Lease Term is within a free rent period, $91,597.86)then the Base Rent for the first full month which occurs after the expiration of any free rent period) shall be paid at the time of Tenant’s execution of this Lease. If any rental or other payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental or other payment is for a period which is shorter than one month, then the rental or other payment for any such fractional month shall be a proportionate amount of a full calendar month’s rental or other payment based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.

Appears in 1 contract

Samples: Office Lease (Planar Systems Inc)

Base Rent. Commencing Tenant shall pay Base Rent in the amounts in the table of Base Rent set forth on the first page of this Lease. The Base Rent Commencement Datepayable for the sixth (6th) Lease Month, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant shall paypromises to pay to Landlord in advance, without notice or demand, to Landlord at the address set forth in Section 3 of the Summarydeduction or set-off, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance Base Rent on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during succeeding the sixth (6th) Lease Term, without any setoff or deduction whatsoever. Concurrently Month in accordance with Tenant’s execution the table of Base Rent set forth on the first page of this Lease. Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any rent due hereunder except where expressly provided in this Lease. Tenant acknowledges that late payment by Tenant to Landlord of any rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to determine. Therefore, if Tenant is delinquent in any monthly installment of Base Rent, estimated Operating Expenses or other sums due and payable hereunder for more than seven (7) days, Tenant shall deliver pay to Landlord an amount on demand a late charge equal to $475,149.74five percent (5%) of such delinquent sum; provided, which amount however, Tenant shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date not incur such late charge with respect to the Base Rent first late payment during any calendar year so long as Tenant pays the amount due within ten (10) days after receipt of written notice that such payment was not made when due. In addition, all payments required of Tenant hereunder which are more than 30 days past due shall bear interest from the date due until paid at the lesser of fifteen percent or the Rent Commencement Date with respect to Estimated Expenses) falls on maximum lawful rate of interest. The parties agree that such late charge and interest represent a day fair and reasonable estimate of the month other than the first day costs that Landlord will incur by reason of such month or if any rental late payment is by Tenant. The provision for a period which is shorter than one month, then the rental for any such fractional month 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 a proportionate penalty. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made payable by Tenant under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement DateLease.

Appears in 1 contract

Samples: Lease Agreement (Systemax Inc)

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth on Page 1 of this Lease. The first month’s Base Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month succeeding the Commencement Date. Payments of Base Rent for any fractional calendar month shall be prorated. All payments (other than the first monthly installment of Base Rent, Operating Expenses and the Security Deposit) required to be made by Tenant shall pay, without notice or demand, to Landlord at the address set forth hereunder (or to such other party as Landlord may from time to time specify in Section 3 writing) shall be made by Electronic Fund Transfer (“EFT”) of the Summaryimmediately available federal funds before 11:00 a.m., or Pacific Time at such other place place, within the continental United States, as Landlord may from time to time designate to Tenant in writing. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any rent due hereunder except as may be expressly provided in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease. If Tenant is delinquent in any monthly installment of Base Rent or of Operating Expenses beyond 5 days after the due date thereof, and after notice as provided below, Tenant shall deliver pay to Landlord an amount on demand a late charge equal to $475,149.748 percent of such delinquent sum. Tenant shall not be obligated to pay the late charge until Landlord has given Tenant 5 days written notice of the delinquent payment (which may be given at any time during the delinquency); provided, which amount however, that such notice shall not be required more than once in any 12-month period. The provision for such late charge shall be comprised in addition to all of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); Landlord’s other rights and (ii) the Estimated Expenses (remedies hereunder or at law and shall not be construed as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If a penalty or as limiting Landlord’s remedies in any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datemanner.

Appears in 1 contract

Samples: Lease Agreement (Supernova Partners Acquisition Co II, Ltd.)

Base Rent. Commencing Tenant shall pay to Landlord, as rent for the Premises, in advance, on the first day of each calendar month, commencing on the Commencement Date (but subject to the Base Rent Commencement Dateconditional abatement referred to in Paragraph 1.10 above) and continuing throughout the Lease Term, Tenant the Base Rent set forth in Paragraph 1.10 above (and Paragraph 3.3 above, if applicable). Base Rent shall paybe prorated, based on thirty (30) days per month, for any partial month during the Lease Term. Base Rent shall be payable, except as otherwise expressly set forth in this Lease, without deduction, offset, prior notice or demand, demand in lawful money of the United States to Landlord at the address set forth in Section 3 herein specified for purposes of the Summary, notice or at to such other place persons or such other places as Landlord may from time to time designate in writing, in currency or a check for currency which. Notwithstanding the foregoing, at the time of payment, is legal tender for private or public debts in the United States of America, base rent Tenant’s request Landlord shall provide Landlord’s banking information (“Base RentLandlord’s ACH Account Information”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, so that Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the can pay Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the and Additional Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Electronic Funds Transfer (EFT) as an Automated Clearing House (“ACH”) transaction. Any such ACH transfers shall be paid by Tenant, from Tenant’s account in a bank or financial institution designated by Tenant for the Premises for the first (1st) full month and credited to Landlord’s bank account as Landlord shall have designated in Landlord’s ACH Account Information. Tenant shall not be in default of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect Tenant’s obligation to the pay Base Rent and/or Additional Rent if and for so long as Tenant shall timely comply with ACH transfer requirements and accurately state Landlord’s ACH Account Information. However, if Tenant shall have timely complied with ACH transfer requirements, but the applicable funds shall thereafter have been misdirected or not accounted for properly by the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one monthrecipient bank designated by Landlord, then Tenant shall reasonably cooperate with Landlord in an effort to recover the rental for any such fractional month misdirected funds and the same shall not relieve Tenant’s obligation to make the payment so transferred (but Tenant shall not be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under out-of-pocket the terms applicable payment amount in a duplicate amount due to such misdirected payment or payment not accounted for properly by the recipient bank), but shall toll the due date for such payment until the applicable funds shall have been located and deposited in Landlord’s bank account. In the event that Landlord elects to designate a different bank or financial institution into which any ACH transfer is to be deposited, written notification of such change and the required documents, instruments, authorizations, and any modified Landlord’s ACH Account Information, must be delivered to Tenant no later than 30 days prior to the date such change is to become effective. Tenant shall make a verbal confirmation with the Landlord party identified in Paragraph 1.14 of this Lease that require proration on a time basis shall be prorated on (who is Xxxx Xxxxxx as of the same basis. For date of execution of this Lease) upon receiving the avoidance initial ACH or new ACH account information to verify the accuracy of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datesame.

Appears in 1 contract

Samples: Lease Agreement (Rambus Inc)

Base Rent. Commencing Tenant shall pay Base Rent in the amount set forth above. The first month’s Base Rent and the Security Deposit shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month succeeding the Commencement Date, . Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant shall pay, without notice or demand, to Landlord at the address set forth hereunder (or to such other party as Landlord may from time to time specify in Section 3 writing) shall be made by Electronic Fund Transfer (“EFT”) of the Summaryimmediately available federal funds before 11:00 a.m., or Eastern Time, at such other place place, within the continental United States, as Landlord may from time to time designate to Tenant in writing. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to xxxxx, reduce, or set-off any rent due hereunder except as may be expressly provided in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease. If Tenant is delinquent in any monthly installment of Base Rent or of Operating Expenses beyond 5 days after the due date thereof, and after notice as provided below, Tenant shall deliver pay to Landlord an amount on demand a late charge equal to $475,149.748 percent of such delinquent sum. Tenant shall not be obligated to pay the late charge until Landlord has given Tenant 5 days written notice of the delinquent payment (which may be given at any time during the delinquency); provided, which amount however, that such notice shall not be required more than twice in any 12-month period. The provision for such late charge shall be comprised in addition to all of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); Landlord’s other rights and (ii) the Estimated Expenses (remedies hereunder or at law and shall not be construed as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If a penalty or as limiting Landlord’s remedies in any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datemanner.

Appears in 1 contract

Samples: Lease Agreement (Ufp Technologies Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryBuilding, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the The Base Rent payable by Tenant for the Premises for the first second (1st2nd) full month of the Lease Term following shall be paid at the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month time of the Lease Term (i.e., $91,597.86)Tenant’s execution of this Lease. If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated ExpensesDate) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For Notwithstanding anything to the avoidance contrary contained herein and provided that Tenant faithfully performs all of doubtthe terms and conditions of this Lease, Landlord hereby agrees to axxxx Tenant’s obligation to pay Tenant’s monthly Base Rent (the “Abated Rent”) for the first (1st) month of the Lease Term (the “Abatement Period”). During the Abatement Period, Tenant shall remain responsible for the payment of Base Rent all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in the early termination of this Lease pursuant to the provisions of Article 19 of this Lease, then as a part of the recovery set forth in Article 19 of this Lease, Landlord shall commence on be entitled to the Rent Commencement Daterecovery of the Abated Rent.

Appears in 1 contract

Samples: Lease Termination Agreement (St Francis Medical Technologies Inc)

Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the address set forth in Section 3 management office of the SummaryProject, or or, at Landlord’s option, at such other place as Landlord may from time to time designate in writing, in currency by a wire transfer of immediately available funds or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 4 of the Summary, payable in equal monthly installments as set forth in Section 8 4 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverexcept as expressly provided for in this Lease. Concurrently with The Base Rent for the first full calendar month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. Notwithstanding the foregoing, so long as Tenant shall deliver is not in default (beyond the expiration of any applicable notice and/or cure period) under the terms hereof, Tenant’s obligation to Landlord an amount equal to $475,149.74, which amount pay Base Rent shall be comprised of the following: (i) the Base Rent payable by Tenant abated for the Premises for second full calendar month through the first (1st) seventh full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full calendar month of the Lease Term (i.e., $91,597.86the “Abatement Period”). If Should Tenant default (beyond the expiration of any rental payment date (including applicable notice and/or cure period) in its obligations hereunder at any time during the Lease Commencement Date with respect to Term and the Lease terminates as a result, all unpaid Base Rent or for the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month Abatement Period shall be a proportionate amount of a full calendar month’s rental based on immediately due and payable. During the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis Abatement Period, Tenant shall be prorated on the same basis. For the avoidance of doubtresponsible for all other monetary obligations hereunder, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Dateincluding, without limitation, any obligations to pay Additional Rent.

Appears in 1 contract

Samples: Office Lease (Summit Healthcare REIT, Inc)

Base Rent. Commencing on Landlord and Tenant do each state and represent that it is the intention of each of them that this Lease be interpreted and construed as an absolute net lease and that all Basic Rent Commencement Dateand Additional Rent to the extent required below, will be paid by Tenant shall pay, without notice or demand, to Landlord at the address set forth without abatement, deduction, diminution, deferment, suspension, reduction or setoff, except as may be expressly permitted in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease. It is the further express intent of Landlord and Tenant that, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the followingexcept as otherwise expressly provided herein: (i) the Base obligations of Landlord and Tenant hereunder will be separate and independent covenants and agreements and that the Basic Rent and Additional Rent, and all other charges and sums payable by Tenant for hereunder, will commence at the Premises for times provided herein and will continue to be payable in all events unless the first (1st) full month of obligations to pay the Lease Term following the Rent Commencement Date (i.e., $383,551.88)same will be terminated pursuant to an express provision in this Lease; and (ii) all costs or expenses of whatsoever character or kind, general or special, ordinary or extraordinary, foreseen or unforeseen, and of every kind and nature whatsoever that may be necessary or required in and about the Estimated Expenses (as defined below) payable Property, or any portion thereof, and Tenant’s possession or authorized use thereof during the Term of this Lease, will be paid by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one monthas expressly and specifically set forth in this Lease, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms and all provisions of this Lease are to be interpreted and construed in light of the intention expressed in this Section; (iii) the Basic Rent specified in Article 3 will be absolutely net to Landlord so that require proration on Landlord will be paid the entire Basic Rent specified in Article 3 in each year during the Term of this Lease (unless extended or renewed at a time basis shall different Basic Rent); (iv) all Impositions and Taxes, insurance premiums, utility expense, repair and maintenance expense, and all other costs, fees, interest, charges, expenses, reimbursements and obligations of every kind and nature whatsoever relating to the Premises, or any portion thereof, (other than as expressly and specifically set forth in this Lease) which may arise or become due during the Term of this Lease, or any extension or renewal thereof, will be prorated on the same basis. For the avoidance of doubtpaid or discharged by Tenant and (iv) Tenant hereby agrees to indemnify, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Datedefend and save Landlord harmless from and against such costs, fees, charges, expenses, reimbursements and obligations, any interest thereon.

Appears in 1 contract

Samples: Lease Agreement (Regis Corp)

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