Common use of Fixed Monthly Rent Clause in Contracts

Fixed Monthly Rent. For the use and occupancy of the Premises, Tenant shall pay Landlord the Fixed Monthly Rent, in advance, commencing on the Commencement Date and continuing on the first day of each calendar month thereafter during the Lease Term, without any offset or deduction except as specifically provided for herein. The Fixed Monthly Rent payable under this Lease shall increase by the Increase Percentage on each Increase Date. Should the Lease TeI1D commence on a day other than the first day of a calendar month, then the rental for such first fractional month shall be computed on a daily basis for the period from the Commencement Date to the end of such calendar month at an amount equal to 1/30th of the Fixed Monthly Rent for each day. Should the Lease Term end on a day other than the last day of a calendar month, then the rental for such fractional month shall be computed on a daily basis at an amount equal to 1/30th of the Fixed Monthly Rent for each day. Tenant sh'a1l pay Landlord the Fixed Monthly Rent in lawful money of the United States at the address for Landlord set forth in the Fundamental Lease Provisions, or to such other persons or at such other places as Landlord may designate in writing to Tenant. Landlord and Tenant acknowledge that the Premises Cost computation on Exhibit E is based on Landlord's review of the prototypical Plans and Specifications. Within thirty (30) days after receipt of the final Plans and Specifications from Tenant, Landlord shall notify Tenant in writing of any differences between the prototypical Plans and Specifications and the final Plans and Specifications which increase the Premises Cost set forth on attached Exhibit "E", together with at least three (3) bids which support such increase. Within fifteen (15) days after receipt of such notice from Landlord, Tenant shall have the right to object to Landlord's proposed increase by providing written notice to Landlord, including a bid to support Tenant's objection. Landlord and Tenant shall thereafter cooperate with each other to resolve such dispute including obtaining an independent bid to resolve such discrepancy if necessary. Upon final resolution of the Premises Cost, but in any event prior to Landlord's commencement of Landlord's Work, Landlord and Tenant shall enter into a Supplemental Lease Agreement prepared by Tenant which modifies and replaces the Premises Cost set forth on Exhibit "E". In the event there is no modification of the Premises -- Cost, or upon execution of a Supplemental Lease Agreement modifying the Premises Cost, Landlord and Tenant agree that the Premises Cost shall be deemed to be final and not subject to any further adjustment, and that Tenant shall not be responsible for any other costs associated with Landlord's Work except for change orders which have been initiated, requested and approved by Tenant.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)

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Fixed Monthly Rent. For the use and occupancy of the Premises, Tenant shall pay Landlord the Fixed Monthly Rent, in advanceadvance and without demand, commencing on the Commencement Date and continuing on the first day of each calendar month thereafter during the Lease Term, without any offset or deduction except as specifically provided for herein. The Fixed Monthly Rent payable under this Lease in effect immediately prior to the Increase Date shall increase by the Increase Percentage on each Increase Date. Should the Lease TeI1D Term commence on a day other than the first day of a calendar month, then the rental for such first fractional month shall be computed on a daily basis for the period from the Commencement Date to the end of such Sterling Master Form Lease 11/07/00 calendar month at an amount equal to 1/30th of the Fixed Monthly Rent for each day. Should the Lease Term end on a day other than the last day of a calendar month, then the rental for such fractional month shall be computed on a daily basis at an amount equal to 1/30th of the Fixed Monthly Rent for each day. Tenant sh'a1l shall pay Landlord the Fixed Monthly Rent in lawful money of the United States at the address for Landlord set forth in the Fundamental Lease Provisions, or to such other persons or at such other places as Landlord may ma)' designate in writing to Tenant. Landlord and Tenant acknowledge that the Premises Cost computation on Exhibit E "E" is based on Landlord's review of the prototypical Plans an estimate, and Specifications. Within thirty (30) days agree to supplement and/or amend Exhibit "E" after receipt of the final Plans and Specifications from Tenant, Landlord shall notify Tenant in writing of any differences between the prototypical Plans and Specifications and the final Plans and Specifications which increase the Premises Cost set forth on attached Exhibit "E", together with at least three (3) bids which support such increase. Within fifteen (15) days after receipt of such notice from Landlord, Tenant shall have the right to object to Landlord's proposed increase by providing written notice to Landlord, including a bid to support Tenant's objectionis actually determined. Landlord and Tenant shall thereafter cooperate with each other to resolve such dispute including obtaining an independent bid to resolve such discrepancy if necessary. Upon final resolution retroactively adjust the Fixed Monthly Rental payments once the computation of the Premises Cost, but in any event prior to Landlord's commencement of Landlord's Work, Landlord and Tenant shall enter into a Supplemental Lease Agreement prepared by Tenant which modifies and replaces the Premises Cost set forth on Exhibit "E"" has been finalized. In the event there is no modification the cost of developing and constructing the Premises, including the Building and related improvements, increases as a result of a change in the Plans and Specifications requested by Tenant or an unforeseen event or circumstance beyond the control of the Premises -- Costparties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or upon execution of a Supplemental Lease Agreement modifying the Premises Cost, Landlord and Tenant agree that (ii) be added to the Premises Cost and Fixed Monthly Rent shall be deemed adjusted accordingly; provided, however, that if the additional cost of developing and constructing the Premises is due to be final the gross negligence or willful misconduct of Landlord, then Tenant shall have no liability therefor and not subject to any further adjustment, the Premises Cost and that Tenant Fixed Monthly Rent shall not be responsible for any other costs associated with increased as a result thereof, such cost being the sole responsibility of Landlord's Work except for change orders which have been initiated, requested and approved by Tenant.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund Xxii LTD Partnership)

Fixed Monthly Rent. For the use and occupancy of the Premises, Tenant shall pay Landlord the Fixed Monthly Rent, in advanceadvance and without demand, commencing on the Commencement Date and continuing on the first fIrst day of each calendar month thereafter during the Lease Term, without any offset or deduction except as specifically provided for herein. The Fixed Monthly Rent payable under this Lease in effect immediately prior to the Increase Date shall increase by the Increase Percentage on each Increase Date. Should the Lease TeI1D Term commence on a day other than the first day of a calendar month, then the rental for such first fractional month shall be computed on a daily basis for the period from the Commencement Date to the end of such calendar month at an amount equal to 1/30th of the Fixed Monthly Rent for each day. Should the Lease Term end on a day other than the last day of a calendar month, then the rental for such fractional month shall be computed on a daily basis at an amount equal to 1/30th of the Fixed Monthly Rent for each day. Tenant sh'a1l shall pay Landlord the Fixed Monthly Rent in lawful money of the United States at the address for Landlord set forth in the Fundamental Lease Provisions, Provisions or to such other persons or at such other places as Landlord may designate in writing to Tenant. Tenant Landlord and Tenant acknowledge that the Premises Cost computation on Exhibit E "E" is based on Landlord's review of the prototypical Plans an estimate, and Specifications. Within thirty (30) days agree to supplement and/or amend Exhibit "E" after receipt of the final Plans and Specifications from Tenant, Landlord shall notify Tenant in writing of any differences between the prototypical Plans and Specifications and the final Plans and Specifications which increase the Premises Cost set forth on attached Exhibit "E", together with at least three (3) bids which support such increase. Within fifteen (15) days after receipt of such notice from Landlord, Tenant shall have the right to object to Landlord's proposed increase by providing written notice to Landlord, including a bid to support Tenant's objectionis actually determined. Landlord and Tenant shall thereafter cooperate with each other to resolve such dispute including obtaining an independent bid to resolve such discrepancy if necessary. Upon final resolution retroactively adjust the Fixed Monthly Rental payments once the computation of the Premises Cost, but in any event prior to Landlord's commencement of Landlord's Work, Landlord and Tenant shall enter into a Supplemental Lease Agreement prepared by Tenant which modifies and replaces the Premises Cost set forth on Exhibit "E"" has been finalized. In the event there is no modification the cost of developing and constructing the Premises, including the Building and related improvements, increases as a result of a change in the Plans and Specifications requested by Tenant or an unforeseen event or circumstance beyond the control of the Premises -- Costparties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or upon execution of a Supplemental Lease Agreement modifying the Premises Cost, Landlord and Tenant agree that (ii) be added to the Premises Cost and Fixed Monthly Rent shall be deemed adjusted accordingly; provided, however, that if tile additional cost of developing and constructing the Premises is due to be final the gross negligence or willful misconduct of Landlord, then Tenant shall have no liability therefor and not subject to any further adjustment, the Premises Cost and that Tenant Fixed Monthly Rent shall not be responsible for any other costs associated with increased as a result thereof, such cost being the sole responsibility of Landlord's Work except for change orders which have been initiated, requested and approved by Tenant.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)

Fixed Monthly Rent. For the use and occupancy of the Premises, Tenant shall pay Landlord the Fixed Monthly Rent, in advanceadvance and without demand, commencing on the Commencement Date and continuing on the first day of each calendar month thereafter during the Lease Term, without any offset or deduction except as specifically provided for herein. The Fixed Monthly Rent payable under this Lease in effect immediately prior to the Increase Date shall increase by the Increase Percentage on each Increase Date. Should the Lease TeI1D Term commence on a day other than the first day of a calendar month, then the rental for such first fractional month shall be computed on a daily basis for the period from the Commencement Commencement. Date to the end of such calendar month at an an. amount equal to 1/30th of the Fixed Monthly Rent for each day. Should the Lease Term end on a day other than the last day of a calendar month, then the rental for such fractional month shall be computed on a daily basis at an amount equal to 1/30th of the Fixed Monthly Rent for each day. Tenant sh'a1l shall pay Landlord the Fixed Monthly Rent in lawful money of the United States at the address for Landlord set forth in the Fundamental Lease Provisions, or to such other persons or at such other places as Landlord may designate in writing to Tenant. Landlord and Tenant acknowledge that the Premises Cost computation on Exhibit E "E" is based on Landlord's review of the prototypical Plans an estimate, and Specifications. Within thirty (30) days agree to supplement and/or amend Exhibit "E" after receipt of the final Plans and Specifications from Tenant, Landlord shall notify Tenant in writing of any differences between the prototypical Plans and Specifications and the final Plans and Specifications which increase the Premises Cost set forth on attached Exhibit "E", together with at least three (3) bids which support such increase. Within fifteen (15) days after receipt of such notice from Landlord, Tenant shall have the right to object to Landlord's proposed increase by providing written notice to Landlord, including a bid to support Tenant's objectionis actually determined. Landlord and Tenant shall thereafter cooperate with each other to resolve such dispute including obtaining an independent bid to resolve such discrepancy if necessary. Upon final resolution retroactively adjust the Fixed .Monthly Rental payments once the computation of the Premises Cost, but in any event prior to Landlord's commencement of Landlord's Work, Landlord and Tenant shall enter into a Supplemental Lease Agreement prepared by Tenant which modifies and replaces the Premises Cost set forth on Exhibit "E"" has been finalized. In the event there is no modification the cost of developing and constructing the Premises, including the Building and related improvements, increases as a result of a change in the Plans and Specifications requested by Tenant or an unforeseen event or circumstance beyond the control of the Premises -- Costparties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or upon execution of a Supplemental Lease Agreement modifying the Premises Cost, Landlord and Tenant agree that (ii) be added to the Premises Cost and Fixed Monthly Rent shall be deemed adjusted accordingly; provided, however, that if the additional cost of developing and constructing the Premises is due to be final the gross negligence or willful misconduct of Landlord, then Tenant shall have no liability therefor and not subject to any further adjustment, the Premises Cost and that Tenant Fixed Monthly Rent shall not be responsible for any other costs associated with increased as a result thereof, such cost being the sole responsibility of Landlord's Work except for change orders which have been initiated, requested and approved by Tenant.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Aei Real Estate Fund Xviii Limited Partnership)

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Fixed Monthly Rent. For the use and occupancy of the Premises, Tenant shall pay Landlord the Fixed Monthly Rent, in advanceadvance and without demand, commencing on the Commencement Date and continuing on the first day of each calendar month thereafter during the Lease Term, without any offset or deduction except as specifically provided for herein. The Fixed Monthly Rent payable under this Lease in effect immediately prior to the Increase Date shall increase by the Increase Percentage on each Increase Date. Should the Lease TeI1D Term commence on a day other than the first day of a calendar month, then the rental for such first fractional month shall be computed on a daily basis for the period from the Commencement Date to the end of such calendar month at an amount equal to 1/30th of the Fixed Monthly Rent for each day. Should the Lease Term end on a day other than the last day of a calendar month, then the rental for such fractional month shall be computed on a daily basis at an amount equal to 1/30th of the Fixed Monthly Rent for each day. Tenant sh'a1l shall pay Landlord the Fixed Monthly Rent in lawful money of the United States at the address for Landlord set forth in the Fundamental Lease Provisions, or to such other persons or at such other places as Landlord may designate in writing to Tenant. Landlord and Tenant acknowledge that the Premises Cost computation on Exhibit E "E" is based on Landlord's review of the prototypical Plans an estimate, and Specifications. Within thirty (30) days agree to supplement and/or amend Exhibit "E" after receipt of the final Plans and Specifications from Tenant, Landlord shall notify Tenant in writing of any differences between the prototypical Plans and Specifications and the final Plans and Specifications which increase the Premises Cost set forth on attached Exhibit "E", together with at least three (3) bids which support such increase. Within fifteen (15) days after receipt of such notice from Landlord, Tenant shall have the right to object to Landlord's proposed increase by providing written notice to Landlord, including a bid to support Tenant's objectionis actually determined. Landlord and Tenant shall thereafter cooperate with each other to resolve such dispute including obtaining an independent bid to resolve such discrepancy if necessary. Upon final resolution retroactively adjust the Fixed Monthly Rental payments once the computation of the Premises Cost, but in any event prior to Landlord's commencement of Landlord's Work, Landlord and Tenant shall enter into a Supplemental Lease Agreement prepared by Tenant which modifies and replaces the Premises Cost set forth on Exhibit "E"" has been finalized. In the event there is no modification the cost of developing and constructing the Premises, including the Building and related improvements, increases as a result of a change in the Plans and Specifications requested by Tenant or an unforeseen event or circumstance beyond the control of the Premises -- Costparties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or upon execution of a Supplemental Lease Agreement modifying the Premises Cost, Landlord and Tenant agree that (ii) be added to the Premises Cost and Fixed Monthly Rent shall be deemed adjusted accordingly; provided, however, that if the additional cost of developing and constructing the Premises is due to be final the gross negligence or willful misconduct of Landlord, then Tenant shall have no liability therefor and not subject to any further adjustment, the Premises Cost and that Tenant Fixed Monthly Rent shall not be responsible for any other costs associated with increased as a result thereof, such cost being the sole responsibility of Landlord's Work except for change orders which have been initiated, requested and approved by Tenant.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 23 LLC)

Fixed Monthly Rent. For the use and occupancy of the Premises, Tenant shall pay Landlord the Fixed Monthly Rent, in advance, commencing on the Commencement Date and continuing on the first day of each calendar month thereafter during the Lease Term, without any offset or deduction except as specifically provided for herein. The Fixed Monthly Rent payable under this Lease shall increase by the Increase Percentage on each Increase Date. Should the Lease TeI1D Term commence on a day other than the first day of a calendar month, then the rental for such first fractional month shall be computed on a daily basis for the period from the Commencement Date to the end of such calendar month at an amount equal to 1/30th of the Fixed Monthly Rent for each day. Should the Lease Term end on a day other than the last day of a calendar month, then the rental for such fractional month shall be computed on a daily basis at an amount equal to 1/30th of the Fixed Monthly Rent for each day. Tenant sh'a1l shall pay Landlord the Fixed Monthly Rent in lawful money of the United States at the address for Landlord set forth in the Fundamental Lease Provisions, or to such other persons or at such other places as Landlord may designate in writing to Tenant. Landlord and Tenant acknowledge that the Premises Cost computation on Exhibit E EXHIBIT "E" is based on Landlord's review of the prototypical Plans and Specifications. Within thirty (30) days after receipt of the final Plans and Specifications from Tenant, Landlord shall notify Tenant in writing of any differences between the prototypical Plans and Specifications and the final Plans and Specifications which increase the Premises Cost set forth on attached Exhibit onattached EXHIBIT "E", together with at least three (3) bids which support such increase. Within fifteen (15) days after receipt of such notice from Landlord, Tenant shall have the right to object to Landlord's proposed increase by providing written notice to Landlord, including a bid to support Tenant's objection. Landlord and Tenant shall thereafter cooperate with each other to resolve such dispute including obtaining an independent bid to resolve such discrepancy if necessary. Upon final resolution of the Premises CostPremisesCost, but in any event prior to Landlord's commencement of Landlord's Work, ,Landlord and Tenant shall enter into a Supplemental Lease Agreement prepared by Tenant which modifies and replaces the Premises Cost set forth on Exhibit EXHIBIT "E". In the event there is no modification of the Premises -- Cost, or upon execution of a Supplemental Lease Agreement modifying the Premises Cost, Landlord and Tenant agree that the Premises Cost shall be deemed to be final and not subject to any further adjustment, and that Tenant shall not be responsible for any other costs associated with Landlord's Work except for change orders which have been initiated, requested and approved by Tenant.

Appears in 1 contract

Samples: Assignment and Assumption (Aei Income & Growth Fund 24 LLC)

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