Common use of Components of Rent Clause in Contracts

Components of Rent. Tenant agrees to pay the following amounts to ------------------ Landlord at the office of the Building or at such other place as Landlord designates: (i) Base rent ("Base Rent") to be paid in monthly installments in the amount set forth in Item 10 of the Schedule in advance on or before the first day of each month of the Term commencing with the Commencement Date, except that Tenant shall pay the Base Rent due and payable for the first partial month and the first full calendar month of the Term upon execution and delivery of this Lease by Tenant. Notwithstanding the foregoing, Landlord and Tenant hereby agree that during the first lease year, on account of Landlord's delivery of the Premises to Tenant in phases, as more particularly described in section 4(B) below, Tenant shall pay Base Rent as follows: (a) Tenant shall pay Base Rent for the Phase I Space (hereinafter defined in section 4.A) at the MI rates and in the amounts set forth in Item 10 of the Schedule and as otherwise provided herein; (b) Tenant shall pay Base Rent for the Phase 11 Space (hereinafter defined in section 4.A) in monthly installments of $4,342 per month ($0.50 per rentable square foot per month) beginning on the Commencement Date until the earlier of (i) the date Tenant takes occupancy of all or any portion of the Phase 11 Space, or (ii) December 31, 1999. Thereafter Tenant shall pay Base Rent for the Phase 11 Space at the full rates and in the amounts set forth in Item 10 of the Schedule and as otherwise provided herein; and (c) Tenant shall pay Base Rent for the Phase III Space (hereinafter defined in section 4.A) in monthly installments of $13,816 per month ($0.50 per rentable square foot per month) beginning on the Commencement Date until the earlier of (i) the date Tenant takes occupancy of all or any portion of the Phase III Space, or (ii) June 30, 2000. Thereafter Tenant shall pay Base Rent for the entire Premises at the full rates and in the amounts set forth in Item 10 of the Schedule and as otherwise provided herein. (ii) Adjustment rent ("Adjustment Rent") commencing on the first anniversary of the Commencement Date (i.e., September 1, 2000) in an amount equal to Tenant's Proportionate Share of (a) the increase in Expenses for any calendar year during the Term over the Base Expenses and (b) the increase in Taxes for any fiscal year or partial fiscal year during the Term over the Base Taxes. Prior to each calendar year or partial calendar year during the Term, Landlord shall estimate the amount of Adjustment Rent due for such calendar year, and Tenant shall pay Landlord one-twelfth of such estimate on or before the first day of each month during such calendar year. Such estimate may be revised by Landlord whenever if obtains information relevant to making such estimate more accurate. After the end of each calendar year or partial calendar year during the Term, Landlord shall deliver to Tenant a report setting forth the actual Expenses and Taxes for such calendar year and a statement of the amount of Adjustment Rent that Tenant has paid and is payable for such calendar year. Within thirty (30) days after receipt of such report and statement, Tenant shall pay to Landlord the amount of Adjustment Rent due for such calendar year minus any payments of Adjustment Rent made by Tenant for such calendar year. If Tenant's estimated payments of Adjustment Rent exceed the amount due Landlord for such calendar year, Landlord shall apply such excess as a credit against Tenant's other obligations under this Lease or promptly refund such excess to Tenant if the Term has already expired, provided Tenant is not then in default hereunder, in either case without interest to Tenant. (iii) Electricity payment ("Electricity Payment") to be paid within ten (10) days of receipt of an invoice from Landlord specifying the amount and cost of electricity utilized by Tenant in the Premises as measured by the check meter(s) installed for the Premises. (iv) If Tenant has elected to receive a Tenant Improvement Advance from Landlord (as defined in the Work Letter attached as Exhibit D hereto), then commencing on September 1, 2000, --------- "Tenant Improvement Advance Amortization Payments" to be paid by Tenant on a monthly basis in an amount calculated as follows: Tenant Improvement Advance Amortization Payments shall be in an amount which is necessary to fully amortize the balance of Tenant Improvement Advances (including all interest accrued thereon as provided in the Work Letter) over the remainder of the Term of the Lease (disregarding any extension periods), using an interest factor of 12% per annum, annual posting of principal, and constant monthly payments. For example, if Tenant requests a Tenant Improvement Advance of $1,000 on January 1, 2000, Tenant would pay Landlord, beginning on September 1, 2000, $21.89 (annual amortization of $1000, plus $80 in accrued interest for the period from January 1, 2000 to August 31, 2000) per month in Tenant Improvement Advance Amortization Payments over the remaining Term of the Lease.

Components of Rent. Tenant agrees to pay the following amounts to ------------------ Landlord at the office of the Building or at such other place as Landlord designates: (i) Base Annual base rent for the Premises ("Base RentBASE RENT") in an amount equal to (a) the product of the number of Rentable Square Feet of the Office Premises multiplied by $16.02 (subject to escalation in accordance with the last sentence of this Section 5.B(i)) plus (b) the applicable annual Storage Area Base Rent (as hereinafter defined), to be paid in equal monthly installments in the amount set forth in Item 10 of the Schedule (subject to adjustment for any expansion options provided hereunder and as hereinafter provided ), in advance on or before the first day of each month of the Term commencing with Term, without notice, offset or demand (prorated for any partial calendar month occurring during the Commencement Date, except that Tenant Term). The annual "Storage Area Base Rent" shall pay be an amount per annum equal to: (1) the Base Rent due and payable for the first partial month product of $16.00 and the first full calendar month number of Rentable Square Feet of the Term upon execution and delivery of this Lease by Tenant. Notwithstanding the foregoing, Landlord and Tenant hereby agree that Storage Area during the first lease year, on account of Landlord's delivery of the Premises to Tenant in phases, as more particularly described in section 4(B) below, Tenant shall pay Base Rent as follows: (a) Tenant shall pay Base Rent for the Phase I Space (hereinafter defined in section 4.A) at the MI rates and in the amounts set forth in Item 10 of the Schedule and as otherwise provided herein; (b) Tenant shall pay Base Rent for the Phase 11 Space (hereinafter defined in section 4.A) in monthly installments of $4,342 per month ($0.50 per rentable square foot per month) beginning on period from the Commencement Date until the earlier expiration of the fifth (i5th) Lease Year, (2) the date Tenant takes occupancy product of all or any portion $16.50 and the number of Rentable Square Feet of the Phase 11 Space, or Storage Area during the period commencing with the sixth (ii6th) December 31, 1999. Thereafter Tenant shall pay Base Rent for Lease Year and ending on the Phase 11 Space at the full rates and in the amounts set forth in Item 10 expiration of the Schedule tenth (10th) Lease Year and as otherwise provided herein; and (c3) Tenant shall pay Base Rent for the Phase III Space (hereinafter defined in section 4.A) in monthly installments product of $13,816 per month 17.00 and the number of Rentable Square Feet of the Storage Area during the period commencing with the eleventh ($0.50 per rentable square foot per month11th) beginning Lease Year and ending on the Commencement Date until the earlier of (i) the date Tenant takes occupancy of all or any portion of the Phase III Space, or (ii) June 30, 2000Expiration Date. Thereafter Tenant shall pay Base Rent for the entire Premises at the full rates and in the amounts set forth in Item 10 of the Schedule and as otherwise provided herein. (ii) Adjustment rent ("Adjustment Rent") commencing on the first On each anniversary of the Commencement Date (i.e.except as otherwise provided in Section 32.C), September 1, 2000) in the Base Rent for the Office Premises shall automatically be increased to an amount equal to Tenant's Proportionate Share the product of (ac) the increase in Expenses Base Rent for any calendar year during the Term over Office Premises for the Base Expenses immediately preceding Lease Year and (bd) the increase in Taxes for any fiscal year or partial fiscal year during the Term over the Base Taxes. Prior to each calendar year or partial calendar year during the Term, Landlord shall estimate the amount of Adjustment Rent due for such calendar year, and Tenant shall pay Landlord one-twelfth of such estimate on or before the first day of each month during such calendar year. Such estimate may be revised by Landlord whenever if obtains information relevant to making such estimate more accurate. After the end of each calendar year or partial calendar year during the Term, Landlord shall deliver to Tenant a report setting forth the actual Expenses and Taxes for such calendar year and a statement of the amount of Adjustment Rent that Tenant has paid and is payable for such calendar year. Within thirty (30) days after receipt of such report and statement, Tenant shall pay to Landlord the amount of Adjustment Rent due for such calendar year minus any payments of Adjustment Rent made by Tenant for such calendar year. If Tenant's estimated payments of Adjustment Rent exceed the amount due Landlord for such calendar year, Landlord shall apply such excess as a credit against Tenant's other obligations under this Lease or promptly refund such excess to Tenant if the Term has already expired, provided Tenant is not then in default hereunder, in either case without interest to Tenant1.03. (iii) Electricity payment ("Electricity Payment") to be paid within ten (10) days of receipt of an invoice from Landlord specifying the amount and cost of electricity utilized by Tenant in the Premises as measured by the check meter(s) installed for the Premises. (iv) If Tenant has elected to receive a Tenant Improvement Advance from Landlord (as defined in the Work Letter attached as Exhibit D hereto), then commencing on September 1, 2000, --------- "Tenant Improvement Advance Amortization Payments" to be paid by Tenant on a monthly basis in an amount calculated as follows: Tenant Improvement Advance Amortization Payments shall be in an amount which is necessary to fully amortize the balance of Tenant Improvement Advances (including all interest accrued thereon as provided in the Work Letter) over the remainder of the Term of the Lease (disregarding any extension periods), using an interest factor of 12% per annum, annual posting of principal, and constant monthly payments. For example, if Tenant requests a Tenant Improvement Advance of $1,000 on January 1, 2000, Tenant would pay Landlord, beginning on September 1, 2000, $21.89 (annual amortization of $1000, plus $80 in accrued interest for the period from January 1, 2000 to August 31, 2000) per month in Tenant Improvement Advance Amortization Payments over the remaining Term of the Lease.

Components of Rent. Tenant agrees to pay the following amounts to ------------------ Landlord at the office of the Building or at such other place as Landlord designates: (i) Base rent ("Base RentBASE RENT") to be paid in monthly installments in the amount set forth in Item 10 4 of the Schedule in advance on or before the first day of each month of the Term commencing with the Commencement DateTerm, without demand, except that Tenant shall pay the first month's Base Rent upon execution of this Lease. Notwithstanding anything in this Lease to the contrary, so long as Tenant is not in default under this Lease, Tenant shall be entitled to an abatement of Base Rent in the amount of $132,774.69 per month for the first seven (7) full calendar months of the Term and $17,670.52 per month for the next five (5) full calendar months of the Term. The total amount of Base Rent abated in accordance with the foregoing shall equal $1,017,775.43 (the "ABATED BASE RENT"). If Tenant defaults at any time during the Term and fails to cure such default within any applicable cure period under this Lease and, if as a result of such uncured default, Landlord elects to terminate this Lease or terminate Tenant's right to possession of the Building as more fully provided under Section 16.B. below, then all Abated Base Rent shall immediately become due and payable. The payment by Tenant of the Abated Base Rent in the event of a default shall not limit or affect any of Landlord's other rights, pursuant to this Lease or at law or in equity. Only Base Rent shall be abated pursuant to this Section, and all Adjustment Rent and other costs and charges specified in this Lease shall remain as due and payable for pursuant to the first partial month and the first full calendar month of the Term upon execution and delivery provisions of this Lease by Tenant. Notwithstanding the foregoing, Landlord and Tenant hereby agree that during the first lease year, on account of Landlord's delivery of the Premises to Tenant in phases, as more particularly described in section 4(B) below, Tenant shall pay Base Rent as follows: (a) Tenant shall pay Base Rent for the Phase I Space (hereinafter defined in section 4.A) at the MI rates and in the amounts set forth in Item 10 of the Schedule and as otherwise provided herein; (b) Tenant shall pay Base Rent for the Phase 11 Space (hereinafter defined in section 4.A) in monthly installments of $4,342 per month ($0.50 per rentable square foot per month) beginning on the Commencement Date until the earlier of (i) the date Tenant takes occupancy of all or any portion of the Phase 11 Space, or (ii) December 31, 1999. Thereafter Tenant shall pay Base Rent for the Phase 11 Space at the full rates and in the amounts set forth in Item 10 of the Schedule and as otherwise provided herein; and (c) Tenant shall pay Base Rent for the Phase III Space (hereinafter defined in section 4.A) in monthly installments of $13,816 per month ($0.50 per rentable square foot per month) beginning on the Commencement Date until the earlier of (i) the date Tenant takes occupancy of all or any portion of the Phase III Space, or (ii) June 30, 2000. Thereafter Tenant shall pay Base Rent for the entire Premises at the full rates and in the amounts set forth in Item 10 of the Schedule and as otherwise provided hereinLease. (ii) Adjustment rent ("Adjustment RentADJUSTMENT RENT") commencing on the first anniversary of the Commencement Date (i.e., September 1, 2000) in an amount equal to Tenant's Proportionate Share of (a) the increase in Expenses for any calendar year during the Term over which exceed Expenses for the Base Expenses Year set forth in Item 5 of the Schedule and (b) the increase in Taxes for any fiscal calendar year or partial fiscal year during the Term over which exceed Taxes for the Base TaxesYear set forth in Item 5 of the Schedule. Prior to each calendar year year, or partial calendar year during the Termas soon as reasonably possible, Landlord shall estimate and notify Tenant of the amount of Adjustment Rent due for such calendar year, and Tenant shall pay Landlord one-twelfth of such estimate on or before the first day of each month during such calendar year. Such estimate may be revised by Landlord whenever if it obtains information relevant to making such estimate more accurate. After the end of each calendar year or partial calendar year during the Termyear, Landlord shall deliver to Tenant a report setting forth the actual Expenses and Taxes for such calendar year and a statement of the amount of Adjustment Rent that Tenant has paid and is payable for such calendar year. Within thirty (30) days after receipt of such report and statementor reports, Tenant shall pay to Landlord the amount of Adjustment Rent due for such calendar year minus any payments of Adjustment Rent made by Tenant for such year, it being acknowledged by Tenant that in the event Landlord separately reports actual Expenses and actual Taxes for a calendar year, Landlord may reasonably allocate Adjustment Rent paid by Tenant for such calendar year between Expenses and Taxes for such calendar year. If Tenant's estimated payments of Adjustment Rent exceed the amount due Landlord for such calendar year, Landlord shall apply such excess as a credit against Tenant's other obligations under this Lease or promptly refund such excess to Tenant if the Term has already expired, provided Tenant is not then in default hereunder, in either case without interest to Tenant. (iii) Electricity payment ("Electricity Payment") to be paid within ten (10) days of receipt of an invoice from Landlord specifying the amount and cost of electricity utilized by Tenant in the Premises as measured by the check meter(s) installed for the Premises. (iv) If Tenant has elected to receive a Tenant Improvement Advance from Landlord (as defined in the Work Letter attached as Exhibit D hereto), then commencing on September 1, 2000, --------- "Tenant Improvement Advance Amortization Payments" to be paid by Tenant on a monthly basis in an amount calculated as follows: Tenant Improvement Advance Amortization Payments shall be in an amount which is necessary to fully amortize the balance of Tenant Improvement Advances (including all interest accrued thereon as provided in the Work Letter) over the remainder of the Term of the Lease (disregarding any extension periods), using an interest factor of 12% per annum, annual posting of principal, and constant monthly payments. For example, if Tenant requests a Tenant Improvement Advance of $1,000 on January 1, 2000, Tenant would pay Landlord, beginning on September 1, 2000, $21.89 (annual amortization of $1000, plus $80 in accrued interest for the period from January 1, 2000 to August 31, 2000) per month in Tenant Improvement Advance Amortization Payments over the remaining Term of the Lease.

Components of Rent. Tenant agrees to pay the following amounts to ------------------ Landlord at the office of the Building or at such other place as Landlord designates: (i) Annual base rent for the Premises (“BASE RENT”) in an amount equal to (a) the product of the number of Rentable Square Feet of the Office Premises multiplied by $16.02 (subject to escalation in accordance with the last sentence of this Section 5.B(i)) plus (b) the applicable annual Storage Area Base rent Rent ("Base Rent") as hereinafter defined), to be paid in equal monthly installments in the amount set forth in Item 10 of the Schedule (subject to adjustment for any expansion options provided hereunder and as hereinafter provided ), in advance on or before the first day of each month of the Term commencing with Term, without notice, offset or demand (prorated for any partial calendar month occurring during the Commencement Date, except that Tenant Term). The annual “Storage Area Base Rent” shall pay be an amount per annum equal to: (1) the Base Rent due and payable for the first partial month product of $16.00 and the first full calendar month number of Rentable Square Feet of the Term upon execution and delivery of this Lease by Tenant. Notwithstanding the foregoing, Landlord and Tenant hereby agree that Storage Area during the first lease year, on account of Landlord's delivery of the Premises to Tenant in phases, as more particularly described in section 4(B) below, Tenant shall pay Base Rent as follows: (a) Tenant shall pay Base Rent for the Phase I Space (hereinafter defined in section 4.A) at the MI rates and in the amounts set forth in Item 10 of the Schedule and as otherwise provided herein; (b) Tenant shall pay Base Rent for the Phase 11 Space (hereinafter defined in section 4.A) in monthly installments of $4,342 per month ($0.50 per rentable square foot per month) beginning on period from the Commencement Date until the earlier expiration of the fifth (i5th) Lease Year, (2) the date Tenant takes occupancy product of all or any portion $16.50 and the number of Rentable Square Feet of the Phase 11 Space, or Storage Area during the period commencing with the sixth (ii6th) December 31, 1999. Thereafter Tenant shall pay Base Rent for Lease Year and ending on the Phase 11 Space at the full rates and in the amounts set forth in Item 10 expiration of the Schedule tenth (10th) Lease Year and as otherwise provided herein; and (c3) Tenant shall pay Base Rent for the Phase III Space (hereinafter defined in section 4.A) in monthly installments product of $13,816 per month 17.00 and the number of Rentable Square Feet of the Storage Area during the period commencing with the eleventh ($0.50 per rentable square foot per month11th) beginning Lease Year and ending on the Commencement Date until the earlier of (i) the date Tenant takes occupancy of all or any portion of the Phase III Space, or (ii) June 30, 2000Expiration Date. Thereafter Tenant shall pay Base Rent for the entire Premises at the full rates and in the amounts set forth in Item 10 of the Schedule and as otherwise provided herein. (ii) Adjustment rent ("Adjustment Rent") commencing on the first On each anniversary of the Commencement Date (i.e.except as otherwise provided in Section 32.C), September 1, 2000the Base Rent for the Office Premises shall automatically be increased to an amount equal to the product of (c) the Base Rent for the Office Premises for the immediately preceding Lease Year and (d) 1.03. (ii) Additional Rent (“ADDITIONAL RENT”) with respect to the Premises (other than the Storage Area) in an amount equal to (a) Tenant's ’s Proportionate Share of (a) the increase in Expenses for any calendar year during the Term over the Base Expenses and year, (b) the increase in Tenant’s Proportionate Share of Taxes for any fiscal year or partial fiscal year during the Term over the Base Taxes. Prior to each calendar year and (c) the Excess Expenses for any calendar year. On or partial prior to the Commencement Date, or as soon as is reasonably practicable thereafter, with respect to the first calendar year, or portion thereof, of the Term, and thereafter, on or prior to November 1 of each calendar year during the Term, or as soon as reasonably practicable thereafter, for each calendar year of the Term following the first calendar year, Landlord shall estimate and notify Tenant of the amount of Adjustment Additional Rent due for such the following calendar year, and Tenant shall pay Landlord one-twelfth of such estimate on or before the first day of each month during such the following calendar year. Such estimate may be revised by Landlord whenever if it obtains information relevant to making such the estimate more accurate, including, with respect to Excess Expenses, when Landlord enters into any leases for the Unleased Space. After the end On or before April 1 of each calendar year or partial calendar year during the TermTerm (or as soon thereafter as is reasonably practicable), Landlord shall deliver to Tenant a report setting forth the actual Expenses and Taxes for such the preceding calendar year and year, a statement of the amount of Adjustment Additional Rent that Tenant has paid and is that was payable for such calendar year, and, if applicable, the amount of the credit that Tenant is entitled to as a result of Excess Expenses previously paid, as determined pursuant to Section 5.E., which credit shall be calculated on a Lease Year (not a calendar year) basis. Tenant acknowledges that actual Taxes for a calendar year may not be determined until after actual Expenses for such calendar year are determined. Accordingly, Tenant acknowledges that Landlord may report the actual Expenses and actual Taxes for a calendar year separately. Within thirty (30) days after receipt of such the report and statementor reports, whether or not exception is taken thereto, Tenant shall pay to Landlord the amount of Adjustment Additional Rent due for such the applicable calendar year minus any payments of Adjustment Additional Rent made by Tenant for such the applicable year, it being acknowledged by Tenant that if Landlord separately reports actual Expenses and actual Taxes for a calendar year, Landlord may reasonably allocate Additional Rent paid by Tenant for the applicable calendar year between Expenses and Taxes for the applicable calendar year. If Tenant's ’s estimated payments of Adjustment Additional Rent exceed the amount due Landlord for such the applicable calendar year, Landlord shall apply such the excess as a credit against Tenant's ’s other rental obligations under this Lease or promptly refund such the excess to Tenant if the Term has already expired, provided expired (except that Landlord may first offset the excess against any claim for rental or other damages resulting from any default of Tenant is not then in default hereunder), in either case without interest to Tenant. (iii) Electricity payment ("Electricity Payment") to be paid within ten (10) days of receipt of an invoice from Landlord specifying the amount and cost of electricity utilized by Tenant in the Premises as measured by the check meter(s) installed for the Premises. (iv) If Tenant has elected to receive a Tenant Improvement Advance from Landlord (as defined in the Work Letter attached as Exhibit D hereto), then commencing on September 1, 2000, --------- "Tenant Improvement Advance Amortization Payments" to be paid by Tenant on a monthly basis in an amount calculated as follows: Tenant Improvement Advance Amortization Payments shall be in an amount which is necessary to fully amortize the balance of Tenant Improvement Advances (including all interest accrued thereon as provided in the Work Letter) over the remainder of the Term of the Lease (disregarding any extension periods), using an interest factor of 12% per annum, annual posting of principal, and constant monthly payments. For example, if Tenant requests a Tenant Improvement Advance of $1,000 on January 1, 2000, Tenant would pay Landlord, beginning on September 1, 2000, $21.89 (annual amortization of $1000, plus $80 in accrued interest for the period from January 1, 2000 to August 31, 2000) per month in Tenant Improvement Advance Amortization Payments over the remaining Term of the Lease.