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 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 in effect immediately prior to the Increase Date shall increase by the Increase Percentage on each Increase Date. Should the Lease 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 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" is an estimate, and agree to supplement and/or amend Exhibit "E" after the Premises Cost is actually determined. Landlord and Tenant shall retroactively adjust the Fixed Monthly Rental payments once the computation of Exhibit "E" has been finalized. In the event 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 parties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or (ii) be added to the Premises Cost and Fixed Monthly Rent shall be adjusted accordingly; provided, however, that if tile additional cost of developing and constructing the Premises is due to the gross negligence or willful misconduct of Landlord, then Tenant shall have no liability therefor and the Premises Cost and Fixed Monthly Rent shall not be increased as a result thereof, such cost being the sole responsibility of Landlord.

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 advance 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 in effect immediately prior to the Increase Date shall increase by the Increase Percentage on each Increase Date. Should the Lease 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 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" is an estimate, and agree to supplement and/or amend Exhibit "E" after the Premises Cost is actually determined. Landlord and Tenant shall retroactively adjust the Fixed Monthly Rental payments once the computation of Exhibit "E" has been finalized. In the event 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 parties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or (ii) be added to the Premises Cost and Fixed Monthly Rent shall be adjusted accordingly; provided, however, that if tile the additional cost of developing and constructing the Premises is due to the gross negligence or willful misconduct of Landlord, then Tenant shall have no liability therefor and the Premises Cost and Fixed Monthly Rent shall not be increased as a result thereof, such cost being the sole responsibility of Landlord.

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 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 in effect immediately prior to the Increase Date shall increase by the Increase Percentage on each Increase Date. Should the Lease 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 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 ma)' designate in writing to Tenant Tenant. Landlord and Tenant acknowledge that the Premises Cost computation on Exhibit "E" is an estimate, and agree to supplement and/or amend Exhibit "E" after the Premises Cost is actually determined. Landlord and Tenant shall retroactively adjust the Fixed Monthly Rental payments once the computation of Exhibit "E" has been finalized. In the event 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 parties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or (ii) be added to the Premises Cost and Fixed Monthly Rent shall be adjusted accordingly; provided, however, that if tile the additional cost of developing and constructing the Premises is due to the gross negligence or willful misconduct of Landlord, then Tenant shall have no liability therefor and the Premises Cost and Fixed Monthly Rent shall not be increased as a result thereof, such cost being the sole responsibility of Landlord.

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 advance 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 in effect immediately prior to the Increase Date shall increase by the Increase Percentage on each Increase Date. Should the Lease 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 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" is an estimate, and agree to supplement and/or amend Exhibit "E" after the Premises Cost is actually determined. Landlord and Tenant shall retroactively adjust the Fixed Monthly .Monthly Rental payments once the computation of Exhibit "E" has been finalized. In the event 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 parties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or (ii) be added to the Premises Cost and Fixed Monthly Rent shall be adjusted accordingly; provided, however, that if tile the additional cost of developing and constructing the Premises is due to the gross negligence or willful misconduct of Landlord, then Tenant shall have no liability therefor and the Premises Cost and Fixed Monthly Rent shall not be increased as a result thereof, such cost being the sole responsibility of Landlord.

Appears in 1 contract

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

Fixed Monthly Rent. For Tenant shall pay the use and occupancy of Fixed Monthly Rent as follows: through $ through $ through $ through $ Notwithstanding the Premisesforegoing, Tenant shall pay Landlord the Fixed Monthly Rent, in advance 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 in effect immediately prior be permitted to the Increase Date shall increase by the Increase Percentage on each Increase Date. Should the Lease 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 defer one hundred percent (100%) of the Fixed Monthly Rent due for each day. Should the Lease Term end on a day other than the last day of a second (2nd), third (3rd), and fourth (4th) full calendar month, then the rental for such fractional month shall be computed on a daily basis at an amount equal to 1/30th months of the initial Term (collectively, the amount of Fixed Monthly Rent for each daydeferred shall be referred to herein as the “Rent Deferral Amount”). So long as Tenant has not committed a material default during the Term, which material default continues after the expiration of any notice and cure period, the entire Rent Deferral Amount shall pay Landlord the Fixed Monthly Rent in lawful money be abated and forgiven as 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 an estimate, and agree to supplement and/or amend Exhibit "E" after the Premises Cost is actually determined. Landlord and Tenant shall retroactively adjust the Fixed Monthly Rental payments once the computation of Exhibit "E" has been finalized. In the event 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 parties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or (ii) be added to the Premises Cost and Fixed Monthly Rent shall be adjusted accordinglyTermination Date; provided, however, that if tile additional cost Tenant does commit a material default during the Term, and if such material default continues after the expiration of developing any notice and constructing cure periods, then, regardless of whether such material default is thereafter cured, (a) Tenant shall pay to Landlord upon demand the Premises is entire Rent Deferral Amount due for the months of the Term prior to the gross negligence occurrence of such material default, and (b) Tenant shall not be entitled to any additional or willful misconduct future deferral of LandlordFixed Monthly Rent. If Tenant does not commit any such material default during the first two (2) years of the initial Term, then Tenant shall have no liability therefor and thereafter be relieved of any obligation to repay any Rent Deferral Amount. Encino Terrace / Research Solutions, Inc. / MK / December 29, 2016 ____ ____ ____ ____ Initial Initial Initial Initial 3. Since the Premises Cost and Commencement Date is other than the first day of the month, the first billing will contain a pro rata adjustment. Each billing thereafter, with the exception of the final billing, shall be for the full amount of the Fixed Monthly Rent as provided for in the Lease. 4. Tenant acknowledges and agrees that Landlord has completed the Improvements for which Landlord was obligated under the Lease to Tenant’s satisfaction, and, as of the Commencement Date, the Premises were in good order and repair. 5. Tenant hereby represents and warrants that Tenant is a duly formed and existing entity qualified to do business in California and that Tenant has full right and authority to execute and deliver this Memorandum and that each person signing on behalf of Tenant is authorized to do so. 6. Failure by Tenant to execute and deliver this Memorandum to Landlord within five (5) business days after receipt hereof shall not be increased as a result thereofconstitute an acknowledgement by Tenant that the statements included in this Memorandum are true and correct, such cost being the sole responsibility of Landlordwithout exception.

Appears in 1 contract

Samples: Office Lease (Research Solutions, Inc.)

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Fixed Monthly Rent. For the use and occupancy of the Premises, Tenant shall pay Landlord the Fixed Monthly Rent, in advance and without demandadvance, 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 in effect immediately prior to the Increase Date payable under this Lease shall increase by the Increase Percentage on each Increase Date. Should the Lease 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 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 EXHIBIT "E" is an estimatebased 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 agree to supplement and/or amend Exhibit "E" after Specifications and the final Plans and Specifications which increase the Premises Cost is actually determinedset forth 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 retroactively adjust 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 Fixed Monthly Rental payments once PremisesCost, 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 computation of Exhibit Premises Cost set forth on EXHIBIT "E" has been finalized". In the event there is no modification of the cost of developing and constructing the PremisesPremises Cost, including the Building and related improvements, increases as a result or upon execution of a change in Supplemental Lease Agreement modifying the Plans Premises Cost, Landlord and Specifications requested by Tenant or an unforeseen event or circumstance beyond the control of the parties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or (ii) be added to agree that the Premises Cost and Fixed Monthly Rent shall be adjusted accordingly; provideddeemed to be final and not subject to any further adjustment, however, and that if tile additional cost of developing and constructing the Premises is due to the gross negligence or willful misconduct of Landlord, then Tenant shall have no liability therefor and the Premises Cost and Fixed Monthly Rent shall not be increased as a result thereofresponsible for any other costs associated with Landlord's Work except for change orders which have been initiated, such cost being the sole responsibility of Landlordrequested and approved by Tenant.

Appears in 1 contract

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

Fixed Monthly Rent. For Tenant shall pay the use Fixed Monthly Rent as follows: Commencing on the Commencement Date, and occupancy continuing through the last calendar day of the Premisestwelfth (12th) full calendar month of the Term $ 10,353.75 Commencing on the first calendar day of the thirteenth (13th) full calendar month of the Term, and continuing through the last calendar day of the twenty-fourth (24th) full calendar month of the Term $ 10,716.13 Commencing on the first calendar day of the twenty-fifth (25th) full calendar month of the Term, and continuing through the last calendar day of the thirty-sixth (36th) full calendar month of the Term $ 11,091.20 Commencing on the thirty-seventh (37th) full calendar month of the Term, and continuing through the last calendar day of the forty-eighth (48th) full calendar month of the Term $ 11,479.39 Notwithstanding the foregoing, Tenant shall pay Landlord the Fixed Monthly Rent, in advance 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 in effect immediately prior be permitted to the Increase Date shall increase by the Increase Percentage on each Increase Date. Should the Lease 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 defer one hundred percent (100%) of the Fixed Monthly Rent due for each day. Should the Lease Term end on a day other than the last day of a second (2nd), third (3rd), and fourth (4th) full calendar month, then the rental for such fractional month shall be computed on a daily basis at an amount equal to 1/30th months of the initial Term (collectively, the amount of Fixed Monthly Rent for each daydeferred shall be referred to herein as the “Rent Deferral Amount”). So long as Tenant has not committed a material default during the Term, which material default continues after the expiration of any notice and cure period, the entire Rent Deferral Amount shall pay Landlord the Fixed Monthly Rent in lawful money be abated and forgiven as 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 an estimate, and agree to supplement and/or amend Exhibit "E" after the Premises Cost is actually determined. Landlord and Tenant shall retroactively adjust the Fixed Monthly Rental payments once the computation of Exhibit "E" has been finalized. In the event 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 parties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or (ii) be added to the Premises Cost and Fixed Monthly Rent shall be adjusted accordinglyTermination Date; provided, however, that if tile additional cost Tenant does commit a material default during the Term, and if such material default continues after the expiration of developing any notice and constructing cure periods, then, regardless of whether such material default is thereafter cured, (a) Tenant shall pay to Landlord upon demand the Premises is entire Rent Deferral Amount due for the months of the Term prior to the gross negligence occurrence of such material default, and (b) Tenant shall not be entitled to any additional or willful misconduct future deferral of LandlordFixed Monthly Rent. If Tenant does not commit any such material default during the first two (2) years of the initial Term, then Tenant shall have no liability therefor thereafter be relieved of any obligation to repay any Rent Deferral Amount. Landlord and Tenant shall, in the Premises Cost and Memorandum, confirm the actual dates upon which the changes in Fixed Monthly Rent specified above shall not be increased as a result thereof, such cost being the sole responsibility of Landlordoccur.

Appears in 1 contract

Samples: Office Lease (Research Solutions, Inc.)

Fixed Monthly Rent. For the use and occupancy of the Premises, Tenant shall pay Landlord the Fixed Monthly Rent, in advance and without demandadvance, 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 in effect immediately prior to the Increase Date payable under this Lease shall increase by the Increase Percentage on each Increase Date. Should the Lease Term 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 shall 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 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 an estimatebased 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 agree to supplement and/or amend 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 Premises Cost is actually determinedright 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 retroactively adjust 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 Fixed Monthly Rental payments once 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 computation of Premises Cost set forth on Exhibit "E" has been finalized". In the event there is no modification of the cost of developing and constructing the PremisesPremises -- Cost, including the Building and related improvements, increases as a result or upon execution of a change in Supplemental Lease Agreement modifying the Plans Premises Cost, Landlord and Specifications requested by Tenant or an unforeseen event or circumstance beyond the control of the parties hereto, such increase in cost shall, at the option of Tenant, (i) be paid by Tenant; or (ii) be added to agree that the Premises Cost and Fixed Monthly Rent shall be adjusted accordingly; provideddeemed to be final and not subject to any further adjustment, however, and that if tile additional cost of developing and constructing the Premises is due to the gross negligence or willful misconduct of Landlord, then Tenant shall have no liability therefor and the Premises Cost and Fixed Monthly Rent shall not be increased as a result thereofresponsible for any other costs associated with Landlord's Work except for change orders which have been initiated, such cost being the sole responsibility of Landlordrequested and approved by Tenant.

Appears in 1 contract

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

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