Common use of Fixed Minimum Rent Clause in Contracts

Fixed Minimum Rent. (a) Tenant hereby covenants and agrees to pay to Landlord's authorized agent, without deduction or set-off and without demand, at the address set forth in Section 1.0(v) above or such other place as Landlord may, from time to time, designate in writing, as Fixed Minimum Rent for the Premises, the amount(s) set forth in Article I, Section 1.0(g), said amount(s) to be due and payable in monthly installments, in advance, on the Rent Commencement Date and on the first day of each and every calendar month thereafter. Tenaxx xxxees at no time to pay the monthly Fixed Minimum Rent more than one (1) month in advance of its due date. (b) Notwithstanding anything in this Lease to the contrary, in the event Tenant fails to pay any Rents or any other sum due and owing Landlord within ten (10) days following the due date of said Rentx, xxen Tenant shall pay a late charge of the greater of (i) five percent (5%) of the amount due and (ii) two percent (2%) per month of the monthly charges due from the due date of any installment of any Rents. (c) Should any governmental taxing authority acting under any present or future law, ordinance, or regulation, levy, assess, or impose a tax, excise and/or assessment (other than an income or franchise tax upon Landlord's net income) upon Landlord with respect to Rents payable by Tenant to Landlord, either by way of substitution for or in addition to any existing tax on land and buildings or otherwise, Tenant shall be responsible for and shall pay such tax, excise and/or assessment, or shall reimburse Landlord for the amount thereof, as the case may be. (d) Tenant shall pay the adjusted Fixed Minimum Rent as calculated pursuant to Section 1.0(g) commencing with the first month of the Lease Year effected by the adjustment. However, pending the determination of the adjusted Fixed Minimum Rent, Tenant shall continue to pay Fixed Minimum Rent in the same amount as the Fixed Minimum Rent required for the preceding Lease Year effected by the adjustment. When the adjusted Fixed Minimum Rent has been determined, Tenant, concurrently with the next monthly Fixed Minimum Rent payment due and payable after the furnishing by Landlord to Tenant of the computation of the adjusted Fixed Minimum Rent, in addition to the adjusted Fixed Minimum Rent for such month, shall pay Landlord a sum equal to the amount of the increase in the Fixed Minimum Rent and Percentage Rent due for each of the previous months in the effected Lease Year.

Fixed Minimum Rent. (a) Tenant hereby covenants and agrees to shall pay to Landlord's authorized agent, without deduction or deduction, set-off and without or demand, as Fixed Minimum Rent ("Fixed Minimum Rent"), the sum of Two Hundred Thirty Eight Thousand Four Hundred Sixty and 00/100ths Dollars ($238,460.00) per annum [Nineteen Thousand Eight Hundred Seventy One and 67/100ths Dollars ($19,871.67) per month] from the Commencement Date until the last day of the original term of this Lease. Monthly installments of Fixed Minimum Rent shall be payable to Landlord at the address of Landlord set forth in Section 1.0(v) above 8.11 hereof or at such other place address as Landlord may, from time to time, designate in writing, as direct. Each installment of Fixed Minimum Rent for the Premises, the amount(s) set forth in Article I, Section 1.0(g), said amount(s) to shall be due and payable in monthly installments, in advance, on the Rent Commencement Date and advance on the first day of each and every calendar month thereafter. Tenaxx xxxees at no time to pay during the monthly term hereof except that the first month's Fixed Minimum Rent more than one shall be due and payable upon the execution of this Lease by Tenant. If Tenant occupies the Premises prior to the Commencement Date or for any partial month, then the Fixed Minimum Rent and all other charges hereunder for such period of occupancy prior to the Commencement Date or for such partial month shall be prorated on a daily basis based on a thirty (130) month day month. Monthly installments of Fixed Minimum Rent shall be payable to Landlord at the address of Landlord set forth in Section 8.11 hereof or at such other address as Landlord may, from time to time, direct. Each installment of Fixed Minimum Rent shall be due and payable in advance on the first day of its each month during the term hereof except that the first month's Fixed Minimum Rent shall be due dateand payable upon the execution of this Lease by Tenant. If Tenant occupies the Premises prior to the Commencement Date or for any partial month, then the Fixed Minimum Rent and all other charges hereunder for such period of occupancy prior to the Commencement Date or for such partial month shall be prorated on a daily basis based on a thirty (30) day month. (b) Notwithstanding anything in this Lease If Tenant timely exercises an option to the contrary, in the event Tenant fails to pay any Rents or any other sum due and owing Landlord within ten (10) days following the due date of said Rentx, xxen Tenant shall pay a late charge of the greater of (i) five percent (5%) of the amount due and (ii) two percent (2%) per month of the monthly charges due from the due date of any installment of any Rents. (c) Should any governmental taxing authority acting under any present or future law, ordinance, or regulation, levy, assess, or impose a tax, excise and/or assessment (other than an income or franchise tax upon Landlord's net income) upon Landlord with respect to Rents payable by Tenant to Landlord, either by way of substitution for or in addition to any existing tax on land and buildings or otherwise, Tenant shall be responsible for and shall pay such tax, excise and/or assessment, or shall reimburse Landlord for the amount thereof, as the case may be. (d) Tenant shall pay the adjusted Fixed Minimum Rent as calculated extend pursuant to Section 1.0(g) commencing with the first month of the Lease Year effected by the adjustment. However1.4 hereof, pending the determination of the adjusted Fixed Minimum Rent, Tenant shall continue to pay Fixed Minimum Rent in the same amount as then the Fixed Minimum Rent required for payable by Tenant during the preceding Lease Year effected by renewal term shall be at the adjustment. When the adjusted Fixed Minimum Rent has been determined, Tenant, concurrently with the next monthly Fixed Minimum Rent payment due and payable after the furnishing by Landlord to Tenant of the computation of the adjusted Fixed Minimum Rent, in addition to the adjusted Fixed Minimum Rent for such month, shall pay Landlord a sum equal to the amount of the increase in the Fixed Minimum Rent and Percentage Rent due for each of the previous months in the effected Lease Yearthen prevailing market rates.

Fixed Minimum Rent. (a) Tenant hereby covenants and agrees to TENANT shall pay to Landlord's authorized agentLANDLORD a guaranteed annual minimum rent (“Fixed Minimum Rent”) for each of the following periods during the Term as follows: 1. From the Rent Commencement Date through the end of the sixtieth full calendar month $ 150,000.00 $ 12,500.00 2. From the beginning of the sixty-first month through the end of the one hundred twentieth month. $ 172,500.00 $ 14,375.00 TENANT shall pay for all utilities, without deduction including but not limited to, electric, water and sewer, consumed within the Leased Premises from the Possession Date and thereafter throughout the Term. Each such installment of Fixed Minimum Rent shall be due and payable on or set-off and without demandbefore the first day of each calendar month in the Original Term, in advance, at the address set forth in Section 1.0(v) above office of LANDLORD or at such other place as Landlord may, may be designated by LANDLORD from time to time, designate in writing, as Fixed Minimum Rent for the Premiseswithout any prior demand therefor and without any deduction or setoff whatsoever, the amount(s) set forth in Article I, Section 1.0(g), said amount(s) first installment to be due and payable in monthly installments, in advance, paid on the Rent Commencement Date and on whether or not the Rent Commencement Date is the first day of each and every a calendar month thereaftermonth. Tenaxx xxxees at no time to pay In the monthly event that the Rent Commencement Date of the Term shall be a day other than the first day of a calendar month, TENANT’s first payment of Fixed Minimum Rent more than one (1) shall be prorated for the fractional month between the Commencement Date and the first day of the first full calendar month in advance the Term, on a per diem basis (calculated on a thirty (30) day month). LANDLORD may accept any payment by TENANT of its a lesser amount than shall be due date. (b) Notwithstanding anything in this Lease from TENANT without prejudice to the contraryany rights or remedies which LANDLORD may have against TENANT. Any endorsement or statement on any check accepted by LANDLORD, in the event Tenant fails to pay any Rents or any other sum due statement in correspondence accompanying such check, that acceptance of such lesser amount is payment in full, shall be given no effect. All rent shall be paid in United States currency and owing Landlord within ten (10) days following the due date of said Rentxshall, xxen Tenant shall pay a late charge of the greater of (i) five percent (5%) of the amount due and (ii) two percent (2%) per month of the monthly charges due from the due date of any installment of any Rents. (c) Should any governmental taxing authority acting under any present or future law, ordinance, or regulation, levy, assess, or impose a tax, excise and/or assessment (if other than an income or franchise tax upon Landlord's net income) upon Landlord with respect to Rents payable by Tenant to Landlordcash, either by way of substitution for or in addition to any existing tax be drawn on land and buildings or otherwise, Tenant shall be responsible for and shall pay such tax, excise and/or assessment, or shall reimburse Landlord for the amount thereof, as the case may bea United States bank. (d) Tenant shall pay the adjusted Fixed Minimum Rent as calculated pursuant to Section 1.0(g) commencing with the first month of the Lease Year effected by the adjustment. However, pending the determination of the adjusted Fixed Minimum Rent, Tenant shall continue to pay Fixed Minimum Rent in the same amount as the Fixed Minimum Rent required for the preceding Lease Year effected by the adjustment. When the adjusted Fixed Minimum Rent has been determined, Tenant, concurrently with the next monthly Fixed Minimum Rent payment due and payable after the furnishing by Landlord to Tenant of the computation of the adjusted Fixed Minimum Rent, in addition to the adjusted Fixed Minimum Rent for such month, shall pay Landlord a sum equal to the amount of the increase in the Fixed Minimum Rent and Percentage Rent due for each of the previous months in the effected Lease Year.

Fixed Minimum Rent. (a) Tenant hereby covenants and agrees to shall pay to Landlord's authorized agent, without deduction or deduction, set-off and without or demand, as Fixed Minimum Rent (“Fixed Minimum Rent”), the sum of Forty-four thousand Four hundred and 00/100ths Dollars ($44,400.00) per annum, [Three thousand Seven Hundred and 00/100ths Dollars ($3,700.00) per month] from the Commencement Date until the last day of the original term of this Lease. Monthly installments of Fixed Minimum Rent shall be payable to Landlord at the address of Landlord set forth in Section 1.0(v) above 8.11 hereof or at such other place address as Landlord may, from time to time, designate in writing, as direct. Each installment of Fixed Minimum Rent for the Premises, the amount(s) set forth in Article I, Section 1.0(g), said amount(s) to shall be due and payable in monthly installments, in advance, on the Rent Commencement Date and advance on the first day of each and every calendar month thereafter. Tenaxx xxxees at no time to pay during the monthly term hereof except that the first month’s Fixed Minimum Rent more than one (1) month in advance of its due date. (b) Notwithstanding anything in this Lease to the contrary, in the event Tenant fails to pay any Rents or any other sum due and owing Landlord within ten (10) days following the due date of said Rentx, xxen Tenant shall pay a late charge of the greater of (i) five percent (5%) of the amount due and (ii) two percent (2%) per month of the monthly charges due from the due date of any installment of any Rents. (c) Should any governmental taxing authority acting under any present or future law, ordinance, or regulation, levy, assess, or impose a tax, excise and/or assessment (other than an income or franchise tax upon Landlord's net income) upon Landlord with respect to Rents payable by Tenant to Landlord, either by way of substitution for or in addition to any existing tax on land and buildings or otherwise, Tenant shall be responsible for and shall pay such tax, excise and/or assessment, or shall reimburse Landlord for the amount thereof, as the case may be. (d) Tenant shall pay the adjusted Fixed Minimum Rent as calculated pursuant to Section 1.0(g) commencing with the first month of the Lease Year effected by the adjustment. However, pending the determination of the adjusted Fixed Minimum Rent, Tenant shall continue to pay Fixed Minimum Rent in the same amount as the Fixed Minimum Rent required for the preceding Lease Year effected by the adjustment. When the adjusted Fixed Minimum Rent has been determined, Tenant, concurrently with the next monthly Fixed Minimum Rent payment due and payable after upon the furnishing execution of this Lease by Landlord to Tenant. If Tenant of occupies the computation of the adjusted Fixed Minimum Rent, in addition Premises prior to the adjusted Fixed Minimum Rent Commencement Date or for such any partial month, shall pay Landlord a sum equal to the amount of the increase in then the Fixed Minimum Rent and Percentage all other charges hereunder for such period of occupancy prior to the Commencement Date or for such partial month shall be prorated on a daily basis based on a thirty (30) day month. Monthly installments of Fixed Minimum Rent shall be payable to Landlord at the address of Landlord set forth in Section 8.11 hereof or at such other address as Landlord may, from time to time, direct. Each installment of Fixed Minimum Rent shall be due and payable in advance on the first day of each month during the term hereof except that the first month’s Fixed Minimum Rent shall be due and payable upon the execution of this Lease by Tenant. If Tenant occupies the Premises prior to the Commencement Date or for each any partial month, then the Fixed Minimum Rent and all other charges hereunder for such period of occupancy prior to the previous months in the effected Lease YearCommencement Date or for such partial month shall be prorated on a daily basis based on a thirty (30) day month.

Fixed Minimum Rent. (a) Tenant hereby covenants and agrees to TENANT shall pay to Landlord's authorized agentLANDLORD a guaranteed annual minimum rent (“Fixed Minimum Rent”) for each of the following periods during the Term as follows: 1. From the Rent Commencement Date through the end of the sixtieth full calendar month $ 150,000.00 $ 12,500.00 2. From the beginning of the sixty-first month through the end of the one hundred twentieth month. $ 172,500.00 $ 14,375.00 TENANT shall pay for all utilities, without deduction including but not limited to, electric, water and sewer, consumed within the Leased Premises from the Possession Date and thereafter throughout the Term. Each such installment of Fixed Minimum Rent shall be due and payable on or set-off and without demandbefore the first day of each calendar month in the Original Term, in advance, at the address set forth in Section 1.0(v) above office of LANDLORD or at such other place as Landlord may, may be designated by LANDLORD from time to time, designate in writing, as Fixed Minimum Rent for the Premiseswithout any prior demand therefor and without any deduction or setoff whatsoever, the amount(s) set forth in Article I, Section 1.0(g), said amount(s) first installment to be due and payable in monthly installments, in advance, paid on the Rent Commencement Date and on whether or not the Rent Commencement Date is the first day of each and every a calendar month thereaftermonth. Tenaxx xxxees at no time to pay In the monthly event that the Rent Commencement Date of the Term shall be a day other than the first day of a calendar month, TENANT’S first payment of Fixed Minimum Rent more than one (1) shall be prorated for the fractional month between the Commencement Date and the first day of the first full calendar month in advance the Term, on a per diem basis (calculated on a thirty (30) day month). LANDLORD may accept any payment by TENANT of its a lesser amount than shall be due date. (b) Notwithstanding anything in this Lease from TENANT without prejudice to the contraryany rights or remedies which LANDLORD may have against TENANT. Any endorsement or statement on any check accepted by LANDLORD, in the event Tenant fails to pay any Rents or any other sum due statement in correspondence accompanying such check, that acceptance of such lesser amount is payment in full, shall be given no effect. All rent shall be paid in United States currency and owing Landlord within ten (10) days following the due date of said Rentxshall, xxen Tenant shall pay a late charge of the greater of (i) five percent (5%) of the amount due and (ii) two percent (2%) per month of the monthly charges due from the due date of any installment of any Rents. (c) Should any governmental taxing authority acting under any present or future law, ordinance, or regulation, levy, assess, or impose a tax, excise and/or assessment (if other than an income or franchise tax upon Landlord's net income) upon Landlord with respect to Rents payable by Tenant to Landlordcash, either by way of substitution for or in addition to any existing tax be drawn on land and buildings or otherwise, Tenant shall be responsible for and shall pay such tax, excise and/or assessment, or shall reimburse Landlord for the amount thereof, as the case may bea United States bank. (d) Tenant shall pay the adjusted Fixed Minimum Rent as calculated pursuant to Section 1.0(g) commencing with the first month of the Lease Year effected by the adjustment. However, pending the determination of the adjusted Fixed Minimum Rent, Tenant shall continue to pay Fixed Minimum Rent in the same amount as the Fixed Minimum Rent required for the preceding Lease Year effected by the adjustment. When the adjusted Fixed Minimum Rent has been determined, Tenant, concurrently with the next monthly Fixed Minimum Rent payment due and payable after the furnishing by Landlord to Tenant of the computation of the adjusted Fixed Minimum Rent, in addition to the adjusted Fixed Minimum Rent for such month, shall pay Landlord a sum equal to the amount of the increase in the Fixed Minimum Rent and Percentage Rent due for each of the previous months in the effected Lease Year.