Base Rental. (a) Tenant covenants and agrees to pay to Landlord during the Lease Term the amounts specified in Article 1(k) (as adjusted from time to time, the "Base Rental") as base rent for the Premises. The Base Rental shall be paid in equal monthly installments in advance, without demand, deduction or set off, on the first (1st) day of each and every calendar month during the Lease Term. A prorated monthly installment shall be paid in advance on the Rental Commencement Date for any fraction of a month if the Rental Commencement Date occurs on any day other than the first day of any month and on the first day of the final month of the Lease Term for any fraction of a month if the Lease Term shall expire or terminate on any day other than the last day of any month. (b) The Base Rental for the first year of the Lease Term is set forth in Article 1(k) above. On each anniversary of the Commencement Date, the Base Rental shall be increased to an amount equal to the product of: (i) the amount of Base Rental for the previous calendar year (or portion thereof adjusted to reflect an annual rental) multiplied by (ii) the Increase Multiplier. (c) Tenant covenants and agrees to pay to Landlord during the Lease Term such sums as are referred to herein as "Additional Rental" when due, without demand, deduction or set off. As used herein, the term "Rent" shall mean Base Rental, Additional Rental, and any other amounts due from Tenant hereunder. Any sums payable to Landlord by Tenant hereunder shall be deemed Additional Rental, and Landlord shall have all of the remedies upon default as it does for failure to pay Base Rental.
Appears in 2 contracts
Samples: Lease Agreement (Webmd Inc), Lease Agreement (Physicians Specialty Corp)
Base Rental. (a) As Rent for the lease and use of the Premises, Tenant covenants will pay Landlord or Landlord’s assigns, in 12 equal monthly installments on the first day of each calendar month, in advance and agrees to pay without deduction, abatement or setoff, the Base Rental in the then applicable amount set forth in Section I.N. hereof, in lawful money of the United States. All installments of Rent shall be paid to Landlord during at the Lease Term the amounts specified address set forth in Article 1(k) Section 1.C. (or such other address as adjusted may be designated by Landlord from time to time). Landlord hereby agrees to provide Tenant with sufficient information necessary for Tenant to make all payments to Landlord due under this Lease via Automatic Clearing House (“ACH”) payment, wire transfer or other form of electronic payment as may be requested by Tenant. If the "Base Rental") as base rent for the Premises. The Base Rental shall be paid in equal monthly installments in advance, without demand, deduction or set off, on the first (1st) day of each and every calendar month during the Lease Term. A prorated monthly installment shall be paid in advance on the Rental Commencement Date for any fraction of a month if the Rental Commencement Date occurs on any day is other than the first day of any a calendar month and or if this Lease expires or terminates on the first day of the final month of the Lease Term for any fraction of a month if the Lease Term shall expire or terminate on any day other than the last day of any a calendar month.
(b) The , then the installments of Base Rental for such month or months shall be prorated and the installment or installments so prorated shall be paid in advance. Said installments for such prorated month or months shall be calculated by multiplying the equal monthly installment by a fraction, the numerator of which shall be the number of days of the Term occurring during said commencement or expiration month, as the case may be, and the denominator of which shall be the number of days in said month. All past due installments of Rent or other payments specified in this Lease shall bear interest from the first year day which is five days after Tenant receives a written notice from Landlord that the same is past due until payment is received at the rate (the “Interest Rate”) equal to the lesser of (i) a per annum rate equal to the Lease Term “prime rate” or “base rate” announced by JPMorgan Chase Bank or its successor, from time to time (“Prime Rate”) (or if the “prime rate” or “base rate” is set forth in Article 1(k) above. On each anniversary of the Commencement Datediscontinued, the Base Rental rate announced by such bank as that being charged to its most creditworthy commercial borrowers), plus 2%, or (ii) the maximum contract interest rate per annum allowed by law; provided, however, if Tenant shall be increased fail to pay any Rent when due and such failure shall occur more than two times in any 12-month period, upon the third such failure all past due Rent then owing shall bear interest at the Interest Rate from the date due (without the requirement of notice from Landlord or the five day grace period). In addition, Tenant shall pay Landlord upon demand a late charge in an amount equal to 5% of any installments of Rent or other payments specified herein if such Rent is not paid within five days after Tenant receives a notice from Landlord that the product of: same is past due. The provision for such late charge shall be in addition to all of Landlord’s other rights and remedies hereunder or at law, and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. For purposes of making other payments due under this Lease (i) the amount of Base Rental for the previous calendar year (or portion thereof adjusted to reflect an annual rental) multiplied by (ii) the Increase Multiplier.
(c) Tenant covenants and agrees to pay to Landlord during the Lease Term such sums as are referred to herein as "Additional Rental" when due, without demand, deduction or set off. As used herein, the term "Rent" shall mean i.e. payments other than Base Rental, Additional Rental, Rental and any other amounts payments for which a specific time period for payment is specified in this Lease), unscheduled payments due from Tenant hereunder. Any sums payable to Landlord by Tenant hereunder shall be deemed Additional Rental, due hereunder 30 days after Tenant’s receipt of a written notice and an invoice therefor from Landlord shall have all of (accompanied by receipts or other reasonably adequate documentation) specifying the remedies upon default as it does for failure to pay Base Rentalamount due by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Inogen Inc)
Base Rental. (a) Tenant covenants and hereby agrees to pay to Landlord, ----------- without any set off or deduction whatsoever, the Base Rental. Tenant shall also pay, as additional rent, all other sums of money that become due and payable by Tenant to Landlord during under this Lease (Base Rental, any adjustment thereto pursuant to Paragraph 6 hereof, any basic parking charge or adjustment thereto, and all other sums of money due and payable by Tenant to Landlord under this Lease are sometimes hereinafter collectively called "rent"). Tenant shall also pay with each Base Rental payment the Lease Term amount of any transaction privilege, sales, or similar taxes incurred by Landlord on the amounts specified in Article 1(k) (rent transactions. The annual Base Rental, as adjusted from time to timetime pursuant to Paragraph 6 hereof, the "Base Rental") as base rent for the Premises. The Base Rental shall be paid due and payable in advance in twelve (12) equal monthly installments in advance, without demand, deduction or set off, on the first (1st) day of each and every calendar month during the term of this Lease Termand any extensions or renewals thereof, and Tenant hereby agrees to pay Base Rental as so adjusted to Landlord at Landlord's address provided herein (or such other address as may be designated by Landlord in writing from time to time) monthly, in advance, and without demand. A If the term of this Lease commences on a day other than the first (1st) day of a month, then the first installment of Base Rental as adjusted pursuant hereto shall be prorated, based on thirty (30) days per month, and such installment so prorated monthly installment shall be paid in advance on the Rental Commencement Date Date.
(b) Upon the execution of this Lease, Tenant agrees to pay to Landlord the Security Deposit, to be held by Landlord as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of rental or measure of Landlord's damages in case of default by Tenant. Upon default by Tenant, Landlord, from time to time, without prejudice to any fraction other remedy, may (but shall not be required to) apply the Security Deposit against any arrearages of a month if Base Rental, or other rent, or any other damage, injury, expense or liability caused to Landlord by such default on the Rental Commencement Date occurs on part of Tenant. Should all or any day other than portion of the first day of any month and Security Deposit be used for the purposes described above during the Lease Term, then Tenant shall remit to Landlord on the first day of the final month following notice of such use the amount necessary to restore Security Deposit to its original balance. Tenant's failure to restore the Security Deposit upon notice from Landlord shall be a material breach of this Lease. No interest shall be payable on the Security Deposit and Landlord shall have no obligation to keep the security deposit separate from its general funds unless otherwise required by applicable law. See Section 5 of the Lease Term for any fraction of a month if the Lease Term shall expire or terminate on any day other than the last day of any month.
(b) The Base Rental for the first year of the Lease Term is set forth in Article 1(k) above. On each anniversary of the Commencement Date, the Base Rental shall be increased to an amount equal to the product of: (i) the amount of Base Rental for the previous calendar year (or portion thereof adjusted to reflect an annual rental) multiplied by (ii) the Increase MultiplierAddendum.
(c) If Tenant covenants and agrees fails to pay any regular monthly installment of rent by the tenth (10th) day of the month in which the installment is due, or any other amount constituting rent within ten (10) days after accrual thereof or billing therefor, there shall be added to such unpaid amount a late charge of five percent (5%) of the installment or amount due in order to compensate Landlord for the extra administrative expenses incurred. See Section 6 of the Addendum.
(d) Notwithstanding anything to the contrary contained herein, Landlord hereby grants Tenant a rental abatement in the amount of $15,000.00 to be applied to Base Rental in the second month of the Lease Term. Except for the rental abatement specified above, Tenant shall be obligated to make all other payments which Tenant is obligated to make pursuant to the terms of this Lease. Tenant agrees that if, at any time during the term of this Lease, there is a default or event of default under this Lease Term such sums as are referred to herein as "Additional Rental" when due, without demand, deduction or set off. As used hereinby Tenant, the term "Rent" value of the rental abatement shall mean Base Rentalbe deemed an additional obligation payable by Tenant. Upon the occurrence of a default or an event of default by Tenant under the terms of the Lease, Additional Rental, Tenant shall be required to pay the value of the rental abatement upon demand of Landlord and any other amounts due from Tenant hereunderowed under the terms of this Lease. Any sums payable to Landlord by Tenant hereunder shall be deemed Additional Rental, and Landlord shall have all See Section 7 of the remedies upon default as it does for failure to pay Base RentalAddendum.
Appears in 1 contract
Samples: Office Lease Agreement (Unified Financial Services Inc)
Base Rental. (a) From and after the Commencement Date, Tenant covenants and agrees to shall pay to Landlord, without any set off or deduction whatsoever except as otherwise expressly provided in this Lease, the Base Rental. Tenant shall also pay, as additional rent, Excess Basic Costs (hereinafter defined) and all other sums of money that become due and payable by Tenant to Landlord under this Lease (Base Rental, any adjustment thereto pursuant to Exhibit H attached hereto, Excess Basic Costs and all other sums of money due and payable by Tenant to Landlord under this Lease are sometimes hereinafter collectively called “rent”). Tenant shall also pay with each Base Rental payment the amount of any sales taxes assessed against rent. The annual Base Rental, as adjusted each year during the Lease Term the amounts specified in Article 1(k) (as adjusted from time pursuant to timeExhibit H attached hereto, the "Base Rental") as base rent for the Premises. The Base Rental shall be paid due and payable in advance in twelve (12) equal monthly installments in advance, without demand, deduction or set off, on the first (1st) day of each and every calendar month during the Lease TermTerm and any extensions or renewals thereof, and Tenant hereby agrees to pay Base Rental to Landlord at Landlord’s address provided herein (or such other address as may be designated by Landlord in writing from time to time) monthly, in advance, and without demand except as otherwise expressly provided in this Lease. A If the Lease Term commences on a day other than the first (1st) day of a month, then the first installment of Base Rental as adjusted pursuant hereto shall be prorated, based on thirty (30) days per month, and such installment so prorated monthly installment shall be paid in advance on the Rental Commencement Date for any fraction of a month if the Rental Commencement Date occurs on any day other than the first day of any month and on the first day of the final month of the Lease Term for any fraction of a month if the Lease Term shall expire or terminate on any day other than the last day of any monthDate.
(b) The Base Rental If Tenant fails to pay any regular monthly installment of rent by the tenth (10th) day of the month in which the installment is due, or any other amount constituting rent within ten (10) days after the due date therefor, there shall be added to such unpaid amount a late charge of five percent (5%) of the installment or amount due in order to compensate Landlord for the first year of the Lease Term is set forth in Article 1(k) above. On each anniversary of the Commencement Dateextra administrative expenses incurred; provided, the Base Rental however, that no such late charge shall be increased to an amount equal to imposed on the product of: (i) the amount of Base Rental for the previous first two delinquent payment in any calendar year (or portion thereof adjusted to reflect an annual rental) multiplied by (ii) the Increase Multiplieryear.
(c) Tenant covenants and agrees to pay to Landlord during the Lease Term such sums as are referred to herein as "Additional Rental" when due, without demand, deduction or set off. As used herein, the term "Rent" shall mean Base Rental, Additional Rental, and any other amounts due from Tenant hereunder. Any sums payable to Landlord by Tenant hereunder shall be deemed Additional Rental, and Landlord shall have all of the remedies upon default as it does for failure to pay Base Rental.
Appears in 1 contract
Samples: Sublease Agreement (A. H. Belo Corp)
Base Rental. (a) Tenant covenants and agrees to pay to Landlord during the Lease Term Term, to Landlord, without any setoff or deduction whatsoever, except as set forth herein, the amounts specified Base Rental, and all such other sums of money as shall become due hereunder as additional rent, all of which are sometimes herein collectively called “rent” for the nonpayment of which Landlord shall be entitled to exercise all such rights and remedies as are herein provided in Article 1(kthe case of the nonpayment of Base Rental. The annual Base Rental for each calendar year or portion thereof during the Lease Term, together with any estimated adjustments thereto pursuant to Paragraphs 6, 20, and 21 hereof, shall be due and payable in advance in twelve (12) equal installments on the first day of each calendar month during the initial term of this Lease and any extensions or renewals thereof, and Tenant hereby agrees to pay such Base Rental and any adjustments thereto to Landlord at Landlord’s address provided herein (or such other address as adjusted may be designated by Landlord in writing from time to time) monthly, the "Base Rental") as base rent for the Premises. The Base Rental shall be paid in equal monthly installments in advance, and without demand, deduction or set off, . If the term of this Lease commences on the first (1st) day of each and every calendar month during the Lease Term. A prorated monthly installment shall be paid in advance on the Rental Commencement Date for any fraction of a month if the Rental Commencement Date occurs on any day other than the first day of any month and on the first day of the final month of the Lease Term for any fraction of a month if the Lease Term shall expire or terminate terminates on any a day other than the last day of a month, then the installments of Base Rental and any adjustments thereto for such month or months shall be prorated, based on the number of days in such month.
(b) The In the event any installment of rent is not paid when due and payable, Tenant shall pay a late charge of $100.00 per day for each day of delinquency.
(c) That for a period of three (3) months Tenant herein shall receive a rent moratorium, that is a delay in the payment of Base Rental obligation for the first year period of time commencing with the Commencement Date and ending on the last day of the Lease Term third full month of this Lease. Thereafter, and provided that Tenant fully and completely complies with all terms and conditions of this Lease, and is set forth not in Article 1(k) above. On each anniversary default of any of the Commencement Dateterms and conditions of this Lease (or if the Tenant’s defaults but subsequently cures the same to the Landlord’s satisfaction), the Base Rental said moratorium shall be increased deemed complete and vested as of the date of expiration of lease and the Tenant shall have no further obligation to an amount equal to the product of: (i) the amount make payment of Base Rental for the previous calendar year (period set out in this sub-paragraph. However, if Tenant for whatever reason breaches or portion thereof adjusted is in default of any term or condition of this Lease and fails to reflect an annual rentalcure the same to the satisfaction of the Landlord herein within the cure periods provided for in Section 27(a) multiplied by (ii) of this Lease, the Increase Multiplier.
(c) rent moratorium for the period aforementioned shall immediately be deemed to have ceased and expired without notice to the Tenant covenants and agrees to pay to Landlord Tenant shall immediately be liable for the entire amount of the rent during the Lease Term such sums as are referred moratorium period aforementioned, plus any and all other remedies available to herein as "Additional Rental" when due, without demand, deduction the Landlord at law or set off. As used herein, the term "Rent" shall mean Base Rental, Additional Rental, and any other amounts due from Tenant hereunder. Any sums payable to Landlord by Tenant hereunder shall be deemed Additional Rental, and Landlord shall have all of the remedies upon default as it does for failure to pay Base Rentalin equity.
Appears in 1 contract
Samples: Lease Agreement (Healthequity Inc)
Base Rental. (a) Beginning with the Commencement Date, Tenant covenants and agrees to shall pay in advance to Landlord during the Lease Term the amounts specified at Landlord's Address For Rental Payments, or at such other place as Landlord shall designate in Article 1(k) (as adjusted from time to timewriting, the "Base Rental") as base rent for the Premises. The Base Rental shall be paid in equal monthly installments in advancepromptly, without demand, deduction or set offoffset, on the first (1st) day of each and every calendar month during the Lease Term. A prorated monthly installment Term the Base Rental, which shall be paid adjusted from time to time as provided in advance Paragraph 11 hereof. If the Term commences on the Rental Commencement Date for any fraction of a month if the Rental Commencement Date occurs on any day other than the first day of any month and a month, or terminates or expires on the first day of the final month of the Lease Term for any fraction of a month if the Lease Term shall expire or terminate on any day other than the last day of any a month, the Base Rental for such partial month shall be prorated based upon the actual number of days in such a month. In the event the Base Rental to be paid hereunder, or other charges as hereinafter provided, is not received by Landlord by the seventh (7th) day of the month due, Landlord shall have the right to impose a late charge of three and one half percent (3.5%) of all amounts past due. Provided rental payments are received no later than the tenth (10) day of the month due, the Landlord will not impose an interest charge nor will rental payments be considered past due for one (1) rental payment per Lease Year. Such "grace periods" shall be on a non-cumulative basis for the Term of this Lease.
(b) The Base Rental for Simultaneously with the execution of this Lease, Tenant shall pay to Landlord the Initial Installment. Such sum shall be applied by Landlord to the first year of the Lease Term is set forth in Article 1(k) above. On each anniversary of the Commencement Date, the Base Rental shall be increased to an amount equal to the product of: (i) the amount complete month's installment of Base Rental for as it becomes due hereunder. If the previous calendar year (or portion thereof adjusted to reflect an annual rental) multiplied by (ii) the Increase Multiplier.
(c) Tenant covenants and agrees to pay to Landlord during the Lease Term such sums as are referred to herein as "Additional Rental" when due, without demand, deduction or set off. As used hereinfirst month is prorated, the term "Rent" shall mean Base Rental, Additional Rental, and any other amounts due from Tenant hereunder. Any sums payable to Landlord by Tenant hereunder amount shall be deemed Additional Rental, and due promptly after Tenant's receipt of a notice from Landlord shall have all of stating the remedies upon default as it does amount due for failure to pay Base Rentalsaid prorated month.
Appears in 1 contract
Samples: Lease Agreement (Infinity Property & Casualty Corp)
Base Rental. (a) Tenant covenants and Lessee agrees to pay to Landlord during the Lease Term the amounts specified Lessor, or to such other person or entity as Lessor may from time-to-time direct, without demand, deduction, set-off or abatement at such place as Lessor, by notice in Article 1(k) (as adjusted writing to Lessee from time to timetime may direct, at the "following rates and times: 119 See Schedule I Attached Hereto Base Rental") as base rent for the Premises. The Base Annual Rental shall be paid monthly in advance in equal monthly installments in advance, without demand, deduction or set off, (i.e. Base Monthly Rental) on the first (1st) day of each calendar month of the Lease Term. One-thirtieth (1/30th) of each monthly payment shall be due and every calendar payable for each day of any portion of a month less than a full month, and shall be payable on the first day of such partial month. The monthly rental for the month or portion thereof prior to the Commencement Date beginning from the date of the full execution hereof shall be one-thirtieth (1/30th) of the Base Monthly Rental times the number of days remaining in the month. The Base Monthly Rental for any period less than a full Lease Year following the fourteenth annual anniversary of the commencement date shall be the same as the Base Monthly Rental assessed in the fourteenth Lease Year. If requested by Lessor, Lessee shall establish arrangements whereby each payment of Base Monthly Rental is transferred by wire or other means of transfer directly to Lessor's account as designated from time-to-time by Lessor on or before the first business day of each month during the Lease Term. A prorated monthly installment At Landlord's request Tenant shall be paid in advance on provide Landlord with a single payment of Monthly Rental due hereunder aggregated with those due under the Rental Commencement Date for any fraction of a month if the Rental Commencement Date occurs on any day other than the first day of any month and on the first day of the final month of the Lease Term for any fraction of a month if the Lease Term shall expire or terminate on any day other than the last day of any monthCounterpart Leases, as hereinafter defined.
(b) The Base Rental for the first year of the Lease Term is set forth in Article 1(k) above. On each anniversary of the Commencement Date, the Base Rental shall be increased to an amount equal to the product of: (i) the amount of Base Rental for the previous calendar year (or portion thereof adjusted to reflect an annual rental) multiplied by (ii) the Increase Multiplier.
(c) Tenant covenants and agrees to pay to Landlord during the Lease Term such sums as are referred to herein as "Additional Rental" when due, without demand, deduction or set off. As used herein, the term "Rent" shall mean Base Rental, Additional Rental, and any other amounts due from Tenant hereunder. Any sums payable to Landlord by Tenant hereunder shall be deemed Additional Rental, and Landlord shall have all of the remedies upon default as it does for failure to pay Base Rental.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Argo Bancorp Inc /De/)