Base Rental. (a) Tenant hereby agrees to pay the Base Annual Rental (hereinafter sometimes called "Base Rental") per year. Tenant shall also pay, as part of Additional Rent, all such other sums of money as shall become due from and payable by Tenant to Landlord under this Lease. Landlord shall have the same remedies for default in the payment of Additional Rent as are available to Landlord in the case of a default in the payment of Base Rental. Such Base Rental, together with Tenant's Share of Forecast Operating Expenses (hereinafter defined), shall be due and payable in 12 equal installments on or before the first day of each calendar month during the Terra, and Tenant hereby agrees to so pay such Rent to Landlord at Landlord's address as provided herein (or such other address in the continental United States as may be designated by Landlord from time to time) monthly in advance without demand. If the Term commences on a date other than the first day of a month or terminates on a date other than the last day of a month, then the installments of Base Rental and Additional Rent for such month or months shall be prorated. All past due installments of Rent shall bear interest, so long as the tenant hereunder is Transcontinental Gas Pipe Line Corporation, from the 5th day after such due date, and otherwise from the due date until the date such amount is paid (both dates inclusive), at an annual interest rate equal to the lesser of (i) 8% and (ii) the maximum non-usurious rate of interest permitted by the applicable laws of the State of Texas, as determined by reference to the indicated (weekly) rate ceiling (as defined and described in Texas Revised Civil Statutes, Article 5069-1.04 (or any successor statute), as amended) at the applicable time in question. Tenant shall pay to Landlord all items of Rent required to be paid by Tenant under this Lease, without notice or demand, and without any set-off, counterclaim, abatement or deduction whatsoever, except as may be otherwise expressly set forth in this Lease. (b) Tenant shall receive a credit (the "Base Rental Credit") to be applied against Base Rental in accordance with the terms of Schedule 3, provided that, as of the date such credit is to be applied an Event of Default under Section 5.10(a)(i), (iii), (iv), (v), (vi) or (vii) (each a "Material Event of Default") shall not exist. The Base Rental Credit shall be applied against monthly Base Rental amounts due under this Lease. In the event the terms of this Lease provide for the abatement of Base Rental during any period, the Base Rental Credit applicable during such period shall be adjusted to apply only to that portion of the Leased Premises for which Base Rental is not abated.
Appears in 1 contract
Sources: Lease Agreement (Transcontinental Gas Pipe Line Corp)
Base Rental. (a) Tenant hereby agrees to pay during the Lease Term, to Landlord, without any setoff or deduction whatsoever, the Base Annual Rental (hereinafter sometimes called "Base Rental") per year. Tenant shall also pay, as part of Additional Rent, and all such other sums of money as shall become due from and payable by Tenant hereunder as additional rent, including, without limitation, any estimated adjustments to Landlord under this Lease. Base Rental all of which are sometimes herein collectively called "rent", the nonpayment of which Landlord shall have the same be entitled to exercise all such rights and remedies for default in the payment of Additional Rent as are available to Landlord herein provided in the case of a default in the payment nonpayment of Base Rental. Such The Base Rental, together with Tenant's Share of Forecast Operating Expenses (hereinafter defined)any adjustments thereto pursuant to Section 6 hereof then in effect, shall be due and payable in 12 equal installments advance monthly on or before the first day of each calendar month during the TerraLease Term (including any extensions or renewals thereof), and Tenant hereby agrees to so pay such Rent Base Rental and any adjustments thereto to Landlord at Landlord's address as provided herein (or such other address in the continental United States Dallas County as may be designated by Landlord in writing from time to time) monthly monthly, in advance advance, and without demand. If the Lease Term commences on a date day other than the first day of a month or terminates on a date day other than the last day of a month, then the installments of Base Rental and Additional Rent any adjustments thereto for such month or months shall be prorated. All past due installments , based on the number of Rent days in such month.
(b) If Tenant shall bear interest, so long as fail to pay the tenant hereunder is Transcontinental Gas Pipe Line Corporation, from Base Rental on or before the 5th fifth day after such due date, and otherwise from the due date until the date such amount is paid (both dates inclusive), at an annual interest rate equal to the lesser of (i) 8% and (ii) the maximum non-usurious rate of interest permitted by the applicable laws of the State of Texascalendar month in which such Base Rental is due, as determined by reference to the indicated (weekly) rate ceiling (as defined and described in Texas Revised Civil Statutes, Article 5069-1.04 (or any successor statute), as amended) at the applicable time in question. Tenant shall pay to Landlord all items a late charge equal to ten percent (10%) of Rent required to such Base Rental; provided, however, no late charge shall be paid by Tenant imposed under this Lease, without notice or demand, and without any set-off, counterclaim, abatement or deduction whatsoever, except as may be otherwise expressly set forth in this Lease.
paragraph (b) Tenant shall receive a credit (with respect to the "Base Rental Credit") to be applied against Base Rental in accordance with first two times during the terms of Schedule 3, provided that, as of the date such credit is to be applied an Event of Default under Section 5.10(a)(i), (iii), (iv), (v), (vi) or (vii) (each a "Material Event of Default") shall not exist. The Base Rental Credit shall be applied against monthly Base Rental amounts due under this Lease. In the event the terms term of this Lease provide for the abatement of that Tenant fails to pay Base Rental during any period, on or before the Base Rental Credit applicable during such period shall be adjusted to apply only to that portion fifth day of the Leased Premises for calendar month in which such Base Rental is due so long as Tenant pays in full such Base Rental on or before the tenth day of such calendar month. All installments of rent, including late charges, not abatedpaid when due and payable shall bear interest at the lesser of the maximum lawful rate or one and one-half percent (1-1/2%) per month from the date due until paid. Such interest shall be in addition to the late charge described in this paragraph (b).
Appears in 1 contract
Base Rental. (a) Tenant hereby covenants and agrees to pay during the Lease Term, to Landlord, without any setoff, abatement or deduction whatsoever (except as expressly set forth herein to the contrary), the Base Annual Rental (hereinafter sometimes called "Base Rental") per year. Tenant shall also pay, as part of Additional Rent, and all such other sums of money as shall become due from and payable by hereunder as additional rent, all of which are sometimes herein collectively called "rent." The covenant of ---- Tenant to Landlord pay rent is an independent covenant of the Lease and is not conditioned on Landlord's performance of its obligations under this the Lease. In the event of nonpayment of any such rent, Landlord shall have the same be entitled to exercise all such rights and remedies for default in the payment of Additional Rent as are available to Landlord herein provided in the case of a default in the payment nonpayment of Base Rental. Such Except as otherwise provided herein, the annual Base RentalRental for each calendar year or portion thereof during the Lease Term, together with Tenant's Pro Rata Share of Forecast Operating Expenses (hereinafter defined)Basic Costs for the Building and Basic Costs for the Project, shall be automatically due and payable in 12 advance in twelve (12) equal installments on or before the first day of each calendar month during the Terrainitial term of this Lease and any extensions or renewals hereof, and Tenant hereby agrees to so pay such Rent Base Rental and any adjustments thereto to Landlord at Landlord's address as provided herein (or such other address in the continental United States as may be designated by Landlord in writing from time to time) monthly monthly, in advance advance, and without any notice or demand. If the Term term of this Lease commences on a date day other than the first day of a month or terminates on a date day other than the last day of a month, then the installments of Base Rental and Additional Rent Basic Costs for such month or months shall be prorated, based on the number of days in such month. The Base Rental for the first partial month, if any, shall be payable at the beginning of said period. All past such payments shall be by a good and sufficient check (subject to collection). No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of rent due installments under this Lease shall be deemed to be other than a payment on account of Rent the earliest rent due hereunder, nor shall bear interest, so long as the tenant hereunder is Transcontinental Gas Pipe Line Corporation, from the 5th day after such due dateany endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and otherwise from Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other remedy provided by this Lease or applicable law. 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 earliest accrued and unpaid rent then outstanding.
(b) All installments of rent not paid when due and payable shall bear interest until the date such amount is paid (both dates inclusive), at an annual interest a per annum rate equal to the lesser of (i) 8% and the Prime Rate plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted by the applicable laws of the State of Texas, as determined by reference to the indicated (weekly) rate ceiling (as defined and described in Texas Revised Civil Statutes, Article 5069-1.04 (or any successor statute), as amended) at the applicable time in question. Tenant shall pay to Landlord all items of Rent required to be paid by Tenant under this Lease, without notice or demand, and without any set-off, counterclaim, abatement or deduction whatsoever, except as may be otherwise expressly set forth in this LeaseMaximum Rate.
(b) Tenant shall receive a credit (the "Base Rental Credit") to be applied against Base Rental in accordance with the terms of Schedule 3, provided that, as of the date such credit is to be applied an Event of Default under Section 5.10(a)(i), (iii), (iv), (v), (vi) or (vii) (each a "Material Event of Default") shall not exist. The Base Rental Credit shall be applied against monthly Base Rental amounts due under this Lease. In the event the terms of this Lease provide for the abatement of Base Rental during any period, the Base Rental Credit applicable during such period shall be adjusted to apply only to that portion of the Leased Premises for which Base Rental is not abated.
Appears in 1 contract
Base Rental. (a) Tenant hereby covenants and agrees to pay during the Lease Term, to Landlord, without any setoff or deduction whatsoever, the Base Annual Rental (hereinafter sometimes called "Base Rental") per year. Tenant shall also pay, as part of Additional Rent, and all such other sums of money as shall become due from and payable by Tenant to Landlord under this Lease. hereunder as additional rent, all of which are sometimes herein collectively called "rent." In the event of nonpayment of any such rent, Landlord shall have the same be entitled to exercise all such rights and remedies for default in the payment of Additional Rent as are available to Landlord herein provided in the case of a default in the payment nonpayment of Base Rental. Such Except as otherwise provided herein, the annual Base RentalRental for each calendar year or portion thereof during the Lease Term, together with Tenant's Share of Forecast Operating Expenses (hereinafter defined)any estimated adjustment thereto pursuant to Exhibit "C" hereof then in effect, shall be due and payable in 12 advance in twelve (12) equal installments on or before the first day of each calendar month during the Terrainitial term of this Lease and any extensions or renewals hereof, and Tenant hereby agrees to so pay such Rent Base Rental and any adjustments thereto to Landlord at Landlord's address as provided herein (or such other address in the continental United States as may be designated by Landlord in writing from time to time) monthly monthly, in advance advance, and without demand. If the Term term of this Lease commences on a date day other than the first day of a month or terminates on a date day other than the last day of a month, then the installments of Base Rental and Additional Rent any adjustment thereto for such month or months shall be prorated, based on the number of days in such month. The Base Rental for the first partial month, if any, shall be payable at the beginning of said period. All past such payments shall be by a good and sufficient check (subject to collection) drawn on a bank acceptable to Landlord. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of rent due installments under this Lease shall be deemed to be other than a payment on account of Rent the earliest rent due hereunder, nor shall bear interest, so long as the tenant hereunder is Transcontinental Gas Pipe Line Corporation, from the 5th day after such due dateany endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and otherwise from Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other remedy provided by this Lease or applicable law. 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. If Tenant fails to timely pay any two (2) installments of rent in any consecutive twelve month period, Landlord may require Tenant to pay rent (as estimated by Landlord, if necessary) quarterly in advance, and, in such event, all future payments shall be made on or before the due date in cash or by cashier's check or money order, and the delivery of Tenant's collectible personal or corporate check shall no longer constitute payment thereof. Any acceptance of Tenant's collectible personal or corporate check thereafter by Landlord shall not be construed as a waiver of the requirement that such payments be made in cash or by cashier's check or money order. All amounts received by Landlord from Tenant hereunder shall be applied first to the earliest accrued and unpaid rent then outstanding.
(b) All installments of rent not paid when due and payable shall bear interest until the date such amount is paid (both dates inclusive), at an annual interest a per annum rate equal to the lesser of (i) 8% and the Prime Rate plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted by the applicable laws of the State of Texas, as determined by reference to the indicated (weekly) rate ceiling (as defined and described in Texas Revised Civil Statutes, Article 5069-1.04 (or any successor statute), as amended) at the applicable time in question. Tenant shall pay to Landlord all items of Rent required to be paid by Tenant under this Lease, without notice or demand, and without any set-off, counterclaim, abatement or deduction whatsoever, except as may be otherwise expressly set forth in this LeaseMaximum Rate.
(bc) Tenant shall receive a credit (the "The Base Rental Credit") payable hereunder shall be adjusted upward from time to be applied against Base Rental time in accordance with the terms provisions of Schedule 3, provided that, as of the date such credit is to be applied an Event of Default under Section 5.10(a)(i), (iii), (iv), (v), (vi) or (vii) (each a EXHIBIT "Material Event of Default") shall not exist. The Base Rental Credit shall be applied against monthly Base Rental amounts due under this Lease. In the event the terms of this Lease provide C" attached hereto and incorporated herein for the abatement of Base Rental during any period, the Base Rental Credit applicable during such period shall be adjusted to apply only to that portion of the Leased Premises for which Base Rental is not abatedall purposes.
Appears in 1 contract
Base Rental. (a) Tenant hereby agrees to pay during the Lease Term, to Landlord, without any setoff or deduction whatsoever, except as set forth herein, the Base Annual Rental (hereinafter sometimes called "Base Rental") per year. Tenant shall also pay, as part of Additional Rent, and all such other sums of money as shall become due from and payable by Tenant to Landlord under this Lease. hereunder as additional rent, all of which are sometimes herein collectively called “rent” for the nonpayment of which Landlord shall have the same be entitled to exercise all such rights and remedies for default in the payment of Additional Rent as are available to Landlord herein provided in the case of a default in the payment nonpayment of Base Rental. Such The annual Base RentalRental for each calendar year or portion thereof during the Lease Term, together with Tenant's Share of Forecast Operating Expenses (hereinafter defined)any estimated adjustments thereto pursuant to Paragraphs 6, 20, and 21 hereof, shall be due and payable in 12 advance in twelve (12) equal installments on or before the first day of each calendar month during the Terrainitial term of this Lease and any extensions or renewals thereof, and Tenant hereby agrees to so pay such Rent Base Rental and any adjustments thereto to Landlord at Landlord's ’s address as provided herein (or such other address in the continental United States as may be designated by Landlord in writing from time to time) monthly monthly, in advance advance, and without demand. If the Term term of this Lease commences on a date day other than the first day of a month or terminates on a date day other than the last day of a month, then the installments of Base Rental and Additional Rent any adjustments thereto for such month or months shall be prorated. All past due installments , based on the number of Rent shall bear interest, so long as the tenant hereunder is Transcontinental Gas Pipe Line Corporation, from the 5th day after days in such due date, and otherwise from the due date until the date such amount is paid (both dates inclusive), at an annual interest rate equal to the lesser of (i) 8% and (ii) the maximum non-usurious rate of interest permitted by the applicable laws of the State of Texas, as determined by reference to the indicated (weekly) rate ceiling (as defined and described in Texas Revised Civil Statutes, Article 5069-1.04 (or any successor statute), as amended) at the applicable time in question. Tenant shall pay to Landlord all items of Rent required to be paid by Tenant under this Lease, without notice or demand, and without any set-off, counterclaim, abatement or deduction whatsoever, except as may be otherwise expressly set forth in this Leasemonth.
(b) 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 credit (rent moratorium, that is a delay in the "payment of Base Rental Credit") to be applied against Base Rental in accordance obligation for the period of time commencing with the Commencement Date and ending on the last day of the third full month of this Lease. Thereafter, and provided that Tenant fully and completely complies with all terms and conditions of Schedule 3this Lease, provided thatand is not in default of any of the terms and conditions of this Lease (or if the Tenant’s defaults but subsequently cures the same to the Landlord’s satisfaction), said moratorium shall be deemed complete and vested as of the date such credit is of expiration of lease and the Tenant shall have no further obligation to be applied an Event make payment of Default under Section 5.10(a)(i), (iii), (iv), (v), (vi) or (vii) (each a "Material Event of Default") shall not exist. The Base Rental Credit shall be applied against monthly Base Rental amounts due under for the period set out in this Leasesub-paragraph. In the event the terms However, if Tenant for whatever reason breaches or is in default of any term or condition of this Lease provide and fails to cure the same to the satisfaction of the Landlord herein within the cure periods provided for in Section 27(a) of this Lease, the rent moratorium for the abatement of Base Rental during any period, period aforementioned shall immediately be deemed to have ceased and expired without notice to the Base Rental Credit applicable during such period Tenant and Tenant shall immediately be adjusted to apply only to that portion liable for the entire amount of the Leased Premises for which Base Rental is not abatedrent during the moratorium period aforementioned, plus any and all other remedies available to the Landlord at law or in equity.
Appears in 1 contract
Sources: Lease Agreement (Healthequity Inc)
Base Rental. (a) Tenant hereby a. Lessee agrees to pay during the Lease Term, to Lessor the Base Annual Rental (hereinafter sometimes called "Base Rental") per year. Tenant shall also pay, as part of Additional Rent, and all such other sums of money as shall become due from hereunder as additional rent, all of which are sometimes herein collectively called "rent' for the nonpayment of which Lessor shall be entitled to exercise all such rights and payable by Tenant to Landlord under this Lease. Landlord shall have the same remedies for default in the payment of Additional Rent as are available to Landlord herein provided in the case of a default in the payment nonpayment of Base Rental. Such The annual Base RentalRental for each calendar year or portion thereof during the Lease Term, together with Tenant's Share of Forecast Operating Expenses (hereinafter defined)any estimated adjustment thereof pursuant to Paragraph 6 hereof then in effect, shall be due and payable in 12 advance in twelve (12) equal installments on or before the first day of each calendar month during the Terrainitial term of this Lease and any extensions or renewals thereof, and Tenant Lessee hereby agrees to so pay such Rent Base Rental and any adjustments thereto to Landlord Lessor at LandlordLessor's address as provided herein (or such other address in the continental United States Tarrant County as may be designated by Landlord Lessor in writing from time to time) monthly monthly, in advance advance, and without demand. If the Term term of this Lease commences on a date day other than the first day of a month or terminates on a date day other than the last day of a month, then the installments of Base Rental and Additional Rent any adjustments thereto for such month or months shall be prorated. All past due installments , based on the number of Rent shall bear interest, so long as the tenant hereunder is Transcontinental Gas Pipe Line Corporation, from the 5th day after days In such due date, and otherwise from the due date until the date such amount is paid (both dates inclusive), at an annual interest rate equal to the lesser of (i) 8% and (ii) the maximum non-usurious rate of interest permitted by the applicable laws of the State of Texas, as determined by reference to the indicated (weekly) rate ceiling (as defined and described in Texas Revised Civil Statutes, Article 5069-1.04 (or any successor statute), as amended) at the applicable time in question. Tenant shall pay to Landlord all items of Rent required to be paid by Tenant under this Lease, without notice or demand, and without any set-off, counterclaim, abatement or deduction whatsoever, except as may be otherwise expressly set forth in this Leasemonth.
(b) Tenant shall receive a credit (the "Base Rental Credit") to be applied against Base Rental in accordance with the terms of Schedule 3, provided that, as of the date such credit is to be applied an Event of Default under Section 5.10(a)(i), (iii), (iv), (v), (vi) or (vii) (each a "Material Event of Default") shall not exist. The Base Rental Credit shall be applied against monthly Base Rental amounts due under this Lease. b. In the event any Installment of rent is not paid within five days after the terms date due and payable, Lessee shall not be deemed to have cured default thereby created hereunder until Lessee has paid to Lessor an administrative fee of $25.00 plus late charge equal to 1% of the monthly rent, to compensate Lessor for administrative expense incurred in connection with such default. Additional late charges of like amount will continue to accrue each month until all rent and late charges are current and timely paid. The provisions of this Lease paragraph shall not be deemed a waiver by Lessor of any of its remedies in paragraph 27 hereof, nor shall such provisions be deemed to provide for Lessee with any right to cure not given by paragraph 27, but merely set forth an additional requirement to any right to cure which Lessor shall agree to grant to Lessee.
c. In the abatement event any check of Base Rental during any period, the Base Rental Credit applicable during such period shall be adjusted to apply only to that portion of the Leased Premises for which Base Rental Lessees is not abatedhonored and is returned by bank to Lessor, then Lessee agrees, in addition to basic rent and late charge, to pay to Lessor as additional rent the sum of $15.00.
Appears in 1 contract
Base Rental. (a) Tenant hereby covenants and agrees to pay during the Lease Term, to Landlord, without any setoff or deduction whatsoever, the Base Annual Rental (hereinafter sometimes called "Base Rental") per year. Tenant shall also pay, as part of Additional Rent, and all such other sums of money as shall become due from and payable by Tenant to Landlord under this Lease. hereunder as additional rent, all of which are sometimes herein collectively called "rent." In the event of nonpayment of any such rent, Landlord shall have the same be entitled to exercise all such rights and remedies for default in the payment of Additional Rent as are available to Landlord herein provided in the case of a default in the payment nonpayment of Base Rental. Such Except as otherwise provided herein, the annual Base RentalRental for each calendar year or portion thereof during the Lease Term, together with Tenant's Share of Forecast Operating Expenses (hereinafter defined)any estimated adjustment thereto pursuant to Exhibit "C" hereof then in effect, shall be due and payable in 12 advance in twelve (12) equal installments on or before the first day of each calendar month during the Terrainitial term of this Lease and any extensions or renewals hereof, and Tenant hereby agrees to so pay such Rent Base Rental and any adjustments thereto to Landlord at Landlord's address as provided herein (or such other address in the continental United States as may be designated by Landlord in writing from time to time) monthly monthly, in advance advance, and without demand. If the Term term of this Lease commences on a date day other than the first day of a month or terminates on a date day other than the last day of a month, then the installments of Base Rental and Additional Rent any adjustment thereto for such month or months shall be prorated, based on the number of days in such month. The Base Rental for the first partial month, if any, shall be payable at the beginning of said period. All past such payments shall be by a good and sufficient check (subject to collection) drawn on a bank acceptable to Landlord. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of rent due installments under this Lease shall be deemed to be other than a payment on account of Rent the earliest rent due hereunder, nor shall bear interest, so long as the tenant hereunder is Transcontinental Gas Pipe Line Corporation, from the 5th day after such due dateany endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and EXHIBIT 10.7 satisfaction, and otherwise from Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other remedy provided by this Lease or applicable law. 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. If Tenant fails to timely pay any two (2) installments of rent in any consecutive twelve month period, Landlord may require Tenant to pay rent (as estimated by Landlord, if necessary) quarterly in advance, and, in such event, all future payments shall be made on or before the due date in cash or by cashier's check or money order, and the delivery of Tenant's collectible personal or corporate check shall no longer constitute payment thereof. Any acceptance of Tenant's collectible personal or corporate check thereafter by Landlord shall not be construed as a waiver of the requirement that such payments be made in cash or by cashier's check or money order. All amounts received by Landlord from Tenant hereunder shall be applied first to the earliest accrued and unpaid rent then outstanding.
(b) All installments of rent not paid when due and payable shall bear interest until the date such amount is paid (both dates inclusive), at an annual interest a per annum rate equal to the lesser of (i) 8% and the Prime Rate plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted by the applicable laws of the State of Texas, as determined by reference to the indicated (weekly) rate ceiling (as defined and described in Texas Revised Civil Statutes, Article 5069-1.04 (or any successor statute), as amended) at the applicable time in question. Tenant shall pay to Landlord all items of Rent required to be paid by Tenant under this Lease, without notice or demand, and without any set-off, counterclaim, abatement or deduction whatsoever, except as may be otherwise expressly set forth in this LeaseMaximum Rate.
(bc) Tenant shall receive a credit (the "The Base Rental Credit") payable hereunder shall be adjusted upward from time to be applied against Base Rental time in accordance with the terms provisions of Schedule 3, provided that, as of the date such credit is to be applied an Event of Default under Section 5.10(a)(i), (iii), (iv), (v), (vi) or (vii) (each a EXHIBIT "Material Event of Default") shall not exist. The Base Rental Credit shall be applied against monthly Base Rental amounts due under this Lease. In the event the terms of this Lease provide C" attached hereto and incorporated herein for the abatement of Base Rental during any period, the Base Rental Credit applicable during such period shall be adjusted to apply only to that portion of the Leased Premises for which Base Rental is not abatedall purposes.
Appears in 1 contract