MONTH'S RENT The Tenant is required to pay the first (1st) month's rent: (check one)
Annual Base Rent During the Initial Term Tenant agrees to pay Landlord annual base rent for the Premises (the "ANNUAL BASE RENT") at the rate of Two Million Seven Hundred Fifty Thousand and 00/100 Dollars ($2,750,000.00) per annum (the "INITIAL ANNUAL BASE RENT AMOUNT"). In addition to Annual Base Rent, Tenant agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by Tenant pursuant to the terms of this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments on the first day of each month (each such equal monthly installment of Annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for any reason the Initial Term (or any Option Period) commences or ends on a day other than the first day of a calendar month (other than a termination resulting from a Default), then Rent for the first month and for the last month of the Term shall be prorated in the proportion that the number of days during the first and last months of the Term bears to the actual number of days in such months. All Rent shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of each month. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by law.
Base Rent Commencing on the Rent Commencement Date, Tenant shall pay, without notice or demand, to Landlord at the address set forth in Section 3 of the Summary, or at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, base rent (“Base Rent”) as set forth in Section 8 of the Summary, payable in equal monthly installments as set forth in Section 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term following the Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of the Lease Term (i.e., $91,597.86). If any rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement Date with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment is for a period which is shorter than one month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. For the avoidance of doubt, Tenant’s obligation for the payment of Base Rent shall commence on the Rent Commencement Date.