Common use of Base Rental Clause in Contracts

Base Rental. (a) Tenant agrees to pay during the Lease Term, to Landlord, without any setoff or deduction whatsoever the Base Rental, and all such other sums of money payable by the Tenant hereunder as additional rent (whether or not expressly characterized 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 the case of the nonpayment of Base Rental. If no earlier due date is expressly specified herein for the payment of additional rent, additional rent shall be payable in full no later than the due date of the next following installment of Base Rental. The annual Base Rental for each lease year or portion thereof during the Lease Term, together with any estimated adjustments thereto pursuant to Exhibit D hereof, shall be due and payable in advance in twelve (12) equal installments on the first day of each calendar month during the Lease Term, and Tenant hereby agrees to pay such Base Rental and any adjustments thereto as additional rent 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. If the term of this Lease commences on a day other than the first day of a month or terminates on 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) In the event any installment of rent is not paid(5) of when due and payable, Tenant shall pay a late charge of four percent (4%) of the delinquent amount.

Base Rental. (a) 4.1 Tenant agrees shall pay to pay Landlord annual rent during the Initial Term of this Lease Term, to Landlord, without any setoff or deduction whatsoever in the amount of Thirty-Five Thousand One Hundred and Sixty Dollars and 00/100 Dollars ($35,160) ("Base Rental, and all such other sums of money payable by the Tenant hereunder as additional rent (whether or not expressly characterized as additional rentRent"), all of which are sometimes herein collectively called "rent", for the nonpayment of which Landlord shall be entitled to exercise all such rights paid in equal consecutive monthly installments of One Thousand Four Hundred and remedies as are herein provided in the case Sixty-Five Dollars and 00/100 Dollars ($1,465.00) and a prorated portion for any partial calendar month. Installments of the nonpayment of Base Rental. If no earlier due date is expressly specified herein for the payment of additional rent, additional rent shall be payable in full no later than the due date of the next following installment of Base Rental. The annual Base Rental for each lease year or portion thereof during the Lease Term, together with any estimated adjustments thereto pursuant to Exhibit D hereof, shall be due and payable in advance in twelve (12) equal installments paid on the first day of each calendar month in advance. 4.2 In the event that Tenant exercises its right to a Renewal Term, the Base Rent payable during the Lease TermRenewal Term (and the Base Building Expense figure), as specified in Section 4.1 for Base Rent and Tenant hereby agrees Section 5.1 for Base Building Expense, shall be adjusted as of the first day of each Renewal Term (the "First Adjustment Date") by the percentage increase in the Consumer's Price Index for all Urban Consumers specified for All Items, All Cities (1982-1984=100) and issued by the Bureau of Labor Statistics of the United States Department of Labor, or any replacement thereof (the "Index"). The increased annual Base Rent shall be equal to pay such the annual Base Rental Rent payable for the year preceding the Adjustment Date multiplied by a fraction, the numerator of which is the Index for the second calendar month immediately preceding the Adjustment Date and the denominator is the Index for the second calendar month one year preceding. In no event shall the Base Rent be decreased. Notwithstanding the foregoing, the increase in Base Rent for any adjustments thereto as additional one Renewal Term shall not be greater than five percent (5%). 4.3 All rent shall be paid to Landlord at Landlord's the address provided set forth herein (or at such other address as Landlord may be designated by Landlord designate in writing from time to time) monthlywriting, in advance, without any prior demand therefore and without demand. If the term of this Lease commences on a day other than the first day of a month any deduction or terminates on 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 monthoffset whatsoever. (b) 4.4 In the event that Tenant shall fail to pay any installment amount under this Lease when the same shall be due, such amount shall be subject to a one-time late charge of rent is five cents (.05(cent)) for each One Dollar ($1.00) not paid(5) of paid when due and payable, Tenant thereafter shall pay be subject to a late service charge until such amount is paid at the lesser of four the rate of two percent (42%) of per month or the delinquent amounthighest rate permitted by law.

Base Rental. (a) 4.1 Tenant agrees shall pay to pay Landlord annual rent during the Initial Term of this Lease Term, to Landlord, without any setoff or deduction whatsoever in the amount of Thirty-Five Thousand One Hundred and Sixty Dollars and 00/100 Dollars ($35,160) ("Base Rental, and all such other sums of money payable by the Tenant hereunder as additional rent (whether or not expressly characterized as additional rentRent"), all of which are sometimes herein collectively called "rent", for the nonpayment of which Landlord shall be entitled to exercise all such rights paid in equal consecutive monthly installments of One Thousand Four Hundred and remedies as are herein provided in the case Sixty-Five Dollars and 00/100 Dollars ($1,465.00) and a prorated portion for any partial calendar month. Installments of the nonpayment of Base Rental. If no earlier due date is expressly specified herein for the payment of additional rent, additional rent shall be payable in full no later than the due date of the next following installment of Base Rental. The annual Base Rental for each lease year or portion thereof during the Lease Term, together with any estimated adjustments thereto pursuant to Exhibit D hereof, shall be due and payable in advance in twelve (12) equal installments paid on the first day of each calendar month in advance. 4.2 In the event that Tenant exercises its right to a Renewal Term, the Base Rent payable during the Lease TermRenewal Term (and the Base Building Expense figure), as specified in Section 4.1 for Base Rent and Tenant hereby agrees Section 5.1 for Base Building Expense, shall be adjusted as of the first day of each Renewal Term (the "First Adjustment Date") by the percentage increase in the Consumer's Price Index for all Urban Consumers specified for All Items, All Cities (1982-1984=100) and issued by the Bureau of Labor Statistics of the United States Department of Labor, or any replacement thereof (the "Index"). The increased annual Base Rent shall be equal to pay such the annual Base Rental Rent payable for the year preceding the Adjustment Date multiplied by a fraction, the numerator of which is the Index for the second calendar month immediately preceding the Adjustment Date and the denominator is the Index for the second calendar month one year preceding. In no event shall the Base Rent be decreased. Notwithstanding the foregoing, the increase in Base Rent for any adjustments thereto as additional one Renewal Term shall not be greater than five percent (5%). 4.3 All rent shall be paid to Landlord at Landlord's the address provided set forth herein (or at such other address as Landlord may be designated by Landlord designate in writing from time to time) monthlywriting, in advance, without any prior demand therefore and without demand. If the term of this Lease commences on a day other than the first day of a month any deduction or terminates on 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 monthoffset whatsoever. (b) 4.4 In the event that Tenant shall fail to pay any installment amount under this Lease when the same shall be due, such amount shall be subject to a one-time late charge of rent is five cents (.050) for each One Dollar ($1.00) not paid(5) of paid when due and payable, Tenant thereafter shall pay be subject to a late service charge until such amount is paid at the lesser of four the rate of two percent (42%) of per month or the delinquent amounthighest rate permitted by law.

Base Rental. (a) Tenant The annual rent to be paid for said premises during said term, which lessee hereby agrees to pay during the Lease Term, to Landlord, without any setoff or deduction whatsoever the Base Rentallessor in advance, and all such other sums of money payable by the Tenant hereunder as additional rent (whether or not expressly characterized as additional rent), all of which are sometimes herein collectively called "rent", for the nonpayment of which Landlord shall be entitled lessor hereby agrees to exercise all such rights and remedies as are herein provided in the case of the nonpayment of Base Rental. If no earlier due date is expressly specified herein for the payment of additional rent, additional rent shall be payable in full no later than the due date of the next following installment of Base Rental. The annual Base Rental for each lease year or portion thereof during the Lease Term, together with any estimated adjustments thereto pursuant to Exhibit D hereofaccept, shall be due and the sum of Fifty One Thousand Eight Hundred Eighty One Dollars & 25/100 ($51,881.25) payable in advance in twelve (12) equal monthly installments on the first day of each calendar month during the Lease Termterm of this lease. Such rental shall be base rental and subject to escalation as hereinafter provided. The annual base rent to be paid for said demised premises during the term hereof, and Tenant hereby agrees to pay such Base Rental and any adjustments thereto as additional rent to Landlord at Landlord's address provided herein (shall be paid without demand, diminution, deduction, or such other address as may be designated by Landlord in writing from time to time) monthlyset-off, or prior demand, in advance, and without demand. If monthly installments during the term of this Lease commences lease, all as together with additional rent hereinafter provided. If the obligation of the lessee to pay rent hereunder begins on a day other than on the first day of a month or terminates on a day other than month, rent from such date until the last first day of a month, then the installments of Base Rental and any adjustments thereto for such following month or months shall be prorated, based on prorated at the number rate of days in such month. one-thirtieth (b) In the event any installment of rent is not paid(51/30) of when the fixed monthly rental for each day payable in advance. The lessee will pay, without demand, said rent by check to Thom▇▇ ▇. ▇▇▇▇▇ ▇▇▇agement, Inc., 4545 ▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. #▇▇▇, ▇▇▇▇., ▇.▇. ▇▇▇▇▇, ▇▇ to such other party or to such other address as lessor may designate from time to time by written notice to lessee, without demand and without deduction, set-off or counterclaim. If lessor shall at any time or times accept said rent after it shall become due and payable, Tenant such acceptance shall pay not excuse delay upon subsequent occasions, or constitute, or be construed as, a late charge waiver of four percent (4%) any or all of the delinquent amountlessor's rights hereunder. Lessor acknowledges receipt from lessee of transfer of security deposits of $1,050, under lease dated 1/30/98 & $2,240, under lease dated 1/14/97, to be held as collateral security for the payment of any rentals and other sums of money payable by lessee under this lease, and for the faithful performance of all other covenants and agreements of lessee hereunder. The amount of said deposit shall be repaid to lessee after the termination of this lease and any renewal thereof, provided lessee shall have made all payments and performed all covenants and agreements. Upon any default by lessee hereunder, all or part of said deposit may, at lessor's sole option, be applied on account of such default, and thereafter lessee shall promptly restore the resulting deficiency in said deposit.

Base Rental. (a) Tenant The annual rent to be paid for said premises during said term, which lessee hereby agrees to pay during the Lease Term, to Landlord, without any setoff or deduction whatsoever the Base Rentallessor in advance, and all such other sums of money payable by the Tenant hereunder as additional rent (whether or not expressly characterized as additional rent), all of which are sometimes herein collectively called "rent", for the nonpayment of which Landlord shall be entitled lessor hereby agrees to exercise all such rights and remedies as are herein provided in the case of the nonpayment of Base Rental. If no earlier due date is expressly specified herein for the payment of additional rent, additional rent shall be payable in full no later than the due date of the next following installment of Base Rental. The annual Base Rental for each lease year or portion thereof during the Lease Term, together with any estimated adjustments thereto pursuant to Exhibit D hereofaccept, shall be due and the sum of Fifty One Thousand Eight Hundred Eighty One Dollars & 25/100 ($51,881.25) payable in advance in twelve (12) equal monthly installments on the first day of each calendar month during the Lease Termterm of this lease. Such rental shall be base rental and subject to escalation as hereinafter provided. The annual base rent to be paid for said demised premises during the term hereof, and Tenant hereby agrees to pay such Base Rental and any adjustments thereto as additional rent to Landlord at Landlord's address provided herein (shall be paid without demand, diminution, deduction, or such other address as may be designated by Landlord in writing from time to time) monthlyset-off, or prior demand, in advance, and without demand. If monthly installments during the term of this Lease commences lease, all as together with additional rent hereinafter provided. If the obligation of the lessee to pay rent hereunder begins on a day other than on the first day of a month or terminates on a day other than month, rent from such date until the last first day of a month, then the installments of Base Rental and any adjustments thereto for such following month or months shall be prorated, based on prorated at the number rate of days in such month. one-thirtieth (b) In the event any installment of rent is not paid(51/30) of when the fixed monthly rental for each day payable in advance. The lessee will pay, without demand, said rent by check to Thom▇▇ ▇. ▇▇▇▇▇ ▇▇▇agement, Inc., 4545 ▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. #▇▇▇, ▇▇▇▇., ▇.▇. ▇▇▇▇▇, ▇▇ to such other party or to such other address as lessor may designate from time to time by written notice to lessee, without demand and without deduction, set-off or counterclaim. If lessor shall at any time or times accept said rent after it shall become due and payable, Tenant such acceptance shall pay not excuse delay upon subsequent occasions, or constitute, or be construed as, a late charge waiver of four percent (4%) any or all of the delinquent amountlessor's rights hereunder. Lessor acknowledges receipt form lessee of transfer of security deposits of $1,050, under lease dated 1/30/98 & $2,240, under lease dated 1/14/97 to be held as collateral security for the payment of any rentals and other sums of money payable by lessee under this lease, and for the faithful performance of all other covenants and agreements of lessee hereunder. The amount of said deposit shall be repaid to lessee after the termination of this lease and any renewal thereof, provided lessee shall have made all payments and performed all covenants and agreements. Upon any default by lessee hereunder, all or part of said deposit may, at lessor's sole option, be applied on account of such default, and thereafter lessee shall promptly restore the resulting deficiency in said deposit.

Base Rental. Throughout the Term of this Lease, and until adjusted as provided below, Tenant shall pay base rental to Landlord as follows (a) Tenant agrees to pay during the Lease Term, to Landlord, without any setoff or deduction whatsoever the "Base Rental, and all such other sums of money payable by the Tenant hereunder as additional rent (whether or not expressly characterized 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 the case of the nonpayment of Base Rental. If no earlier due date is expressly specified herein for the payment of additional rent, additional rent shall be payable in full no later than the due date of the next following ): RATE PER SQUARE FOOT OF RENTAL PERIOD RENTABLE AREA MONTHLY ANNUALLY ------------- ------------- ------- -------- 1st Lease Year $18.50 $57,202.00 $686,424.00 2nd lease Year $19.00 S58,748.00 $704,976.00 3rd Lease Year $19.52 $60,355.84 $724,270.08 4th Lease Year $20.06 $62,025.52 $744,306.24 5th Lease Year $20.62 $63,757.04 $765,084.48 Each monthly installment of Base Rental. The annual Base Rental for each lease year or portion thereof during the Lease Term, together with any estimated adjustments thereto pursuant to Exhibit D hereof, shall be due and payable in advance in twelve (12) equal installments promptly on the first day of each calendar month month, in advance and without offset, deduction or prior demand, during the Lease Term, and Tenant hereby agrees to pay such Base Rental and any adjustments thereto as additional rent 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 demandTerm of this Lease. If In the term event that the Term of this Lease commences shall commence on a day date other than the first day of a month or terminates on a day other than the last day of a month, then the installments of Base Rental and any adjustments thereto rent for such month or months shall be proratedprorated and such prorated amount (which shall be equal to the monthly Base Rental stated above multiplied by a fraction, based on the numerator of which shall be the number of days from the Commencement Date through the end of such month, inclusive of both days, and the denominator of which shall be the number of days in such month. (b) shall be due and payable on the Commencement Date. All payments of rent or any other sum due under this Lease shall be made payable to "Gran Central Corporation" and shall be forwarded by Tenant to Landlord as follows: c/o CNL Corporate Properties, Inc., 455 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇tention: Kim ▇▇▇▇. In the event any installment of rent is not paid(5) of when due and payable, Tenant shall fail to pay a monthly installment within ten (10) calendar days of the due date, a late charge of four five percent (45%) of the delinquent amountMonthly Base Rental, with a minimum of twenty dollars ($20.00) per month, shall be added to the Base Rental and paid to Landlord for each such late payment and the same shall be treated as additional rent. Should Tenant present a check to Landlord that is returned from Tenant's bank for any reason, Landlord reserves the right to demand that all future rental payments be made in the form of cashiers' checks or certified funds. Tenant agrees to pay Landlord interest at a rate of twelve percent (12%) per annum (or the maximum rate permitted by applicable law, whichever is less) on all Base Rental, additional rental or other sums due hereunder that are not paid when such amounts are due and payable. Nothing contained herein shall require Landlord to accept any tender of payment from Tenant for less than the full amount then due under this Lease, including any and all late charges, interest and attorneys' fees that may then be due from Tenant in accordance with the express terms of this Lease. Landlord may elect to accept less than the full amount then due from Tenant hereunder; however, no payment by Tenant or receipt by Landlord of such lesser amount shall be deemed to be other than on payment on account, and no restrictive endorsement or statement on any check or 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 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 under this Lease or applicable law. In all events, including but not limited to Landlord's acceptance of a partial payment from Tenant, any payment accepted by Landlord from Tenant shall 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 applied to any rental or other payment which will become due from Tenant hereunder.

Base Rental. (a) Tenant agrees shall pay to pay Landlord as annual rental during the term of this Lease Term, to Landlord, without any setoff or deduction whatsoever the Base Rental, and all such other sums of payable in lawful money payable by the Tenant hereunder as additional rent (whether or not expressly characterized 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 the case of the nonpayment of Base Rental. If no earlier due date is expressly specified herein for the payment of additional rentUnited States, additional rent shall be payable in full no later than the due date of the next following installment of Base Rental. The annual Base Rental for each lease year or portion thereof during the Lease Termadvance, together with any estimated adjustments thereto pursuant to Exhibit D hereof, shall be due and payable in advance in twelve (12) monthly equal installments on or before the first day of each calendar month during the Lease Term, and Tenant hereby agrees to pay such . The Base Rental and any adjustments thereto is subject to increase as additional rent 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 demandhereinbelow. If the term of this Lease commences on a day other than the first day of a the calendar month or terminates ends on a day other than the last day of a calendar month, then the installments monthly installment of Base Rental and any adjustments thereto for the fractional month shall be appropriately prorated on a daily basis for such month. Tenant has paid Landlord $6,227.81 (six thousand two hundred twenty-seven ------------------------------------------------ dollars and eighty-one cents) upon Tenant's execution of this Lease, ---------------------------- representing the monthly installment of Base Rental for the month or months shall be proratedof September, based on the number of days in such month.1997. --------------- (b) In On January 1/st/ of each year beginning with the event any installment January 1, 19__ payment of rent is not paid(5) of when due Base Rental, and payableon each January 1/st/ thereafter during the Lease Term, Tenant the Base Rental shall pay a late charge of four percent be increased by one half (4%1/2) of the delinquent amountamount equal to the product of: (i) the amount of Base Rental set forth in Paragraph 2(c) of this Lease, as increased from time to time by all earlier adjustments established under this subparagraph (b), multiplied by (ii) the difference (expressed as a percentage) between the Consumer Price Index (as hereinafter defined) published for the month of October of the calendar year just ended and the Consumer Price Index published for the month of October of the calendar year preceding the calendar year just ended. In no event shall the Base Rental computed according to the provisions of this subparagraph (b) for any calendar year be less than the Base Rental for the preceding calendar year. Such increase shall be prorated over the first year.

Base Rental. Throughout the Term of this Lease, and until adjusted as ----------- provided below, Tenant shall pay base rental to Landlord as follows (a) Tenant agrees to pay during the Lease Term, to Landlord, without any setoff or deduction whatsoever the "Base Rental, and all such other sums of money payable by the Tenant hereunder as additional rent (whether or not expressly characterized 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 the case of the nonpayment of Base Rental. If no earlier due date is expressly specified herein for the payment of additional rent, additional rent shall be payable in full no later than the due date of the next following installment of Base Rental. The annual ): [Base Rental for each lease year or portion thereof during the chart appears on next page] Rental Annual Base Annual Base Monthly Base Period Rental/RSF Rental Rental ------ --------- ------ ------ Lease Term, together with any estimated adjustments thereto pursuant to Exhibit D hereof, Year 1 $23.00 $ 94,691.04 $7,890.92 Lease Year 2 $23.58 $ 97,078.92 $8,089.91 Lease Year 3 $24.17 $ 99,507.96 $8,292.33 Lease Year 4 $24.77 $101,978.16 $8,498.18 Lease Year 5 $25.39 $104,530.68 $8,710.89 Each monthly installment shall be due and payable in advance in twelve (12) equal installments promptly on the first day of each calendar month month, in advance and without offset, deduction or prior demand, during the Lease Term, and Tenant hereby agrees to pay such Base Rental and any adjustments thereto as additional rent 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 demandTerm of this Lease. If In the term event that the Term of this Lease commences shall commence on a day date other than the first day of a month or terminates on a day other than the last day of a month, then the installments of Base Rental and any adjustments thereto rent for such month or months shall be proratedprorated and such prorated amount (which shall be equal to the monthly Base Rental stated above multiplied by a fraction, based on the numerator of which shall be the number of days from the Commencement Date 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 Commencement Date. All payments of rent or any other sum due under this Lease shall be made payable to "Acquiport Northside Drive, Inc." and shall be forwarded by Tenant to Landlord as follows: Acquiport Northside Drive, Inc., ▇. (b) ▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. In the event any installment of rent is not paid(5) of when due and payable, Tenant shall fail to pay a monthly installment within five (5) Business Days, as defined below, of the due date, a late charge of four five percent (45%) of the delinquent amountmonthly Base Rental, with a minimum of fifty ($50.00) per month, shall be added to the Base Rental and paid to Landlord for each such late payment and the same shall be treated as additional rent. Should Tenant present a check to Landlord that is returned from Tenant's bank for any reason, Landlord reserves the right to demand that all future rental payments be made in the form of cashiers' checks or certified funds. Tenant agrees to pay Landlord interest at a rate of twelve percent (12%) per annum (or the maximum rate permitted by applicable law, whichever is less) on all Base Rental, additional rental or other sums due hereunder that are not paid when such amounts are due and payable.