Fixed Rent; Additional Rent. (a) Subtenant covenants and agrees to pay to Sublandlord during and throughout the Term of this Sublease, Fixed Rent at the following rates:
(i) Subtenant shall pay Fixed Rent with respect to the 40th Floor Premises, at the rate of One Million Seven Hundred Seventy-Five Thousand Two Hundred Eight and 00/100 Dollars ($1,775,208.00) per annum, payable in equal monthly installments of One Hundred Forty-Seven Thousand Nine Hundred Thirty-Four and 00/100 Dollars ($147,934.00) during the period commencing at 12:00 a.m. on the 40th Floor Rent Commencement Date and ending at 11:59 p.m. on the Expiration Date; and
(ii) Subtenant shall pay Fixed Rent with respect to the 39th Floor Premises, at the rate of One Million Seven Hundred Seventy-Five Thousand Two Hundred Eight and 00/100 Dollars ($1,775,208.00) per annum, payable in equal monthly installments of One Hundred Forty-Seven Thousand Nine Hundred Thirty-Four and 00/100 Dollars ($147,934.00) during the period commencing at 12:00 a.m. on the 39th Floor Premises Rent Commencement Date and ending at 11:59 p.m. on the Expiration Date.
(b) The parties agree to execute within ten (10) business days of each of the 40th Floor Commencement Date and the 39th Floor Commencement Date, or upon the delivery of the entire Sublease Premises to Subtenant, an amendment to this Sublease confirming the date when each Commencement Date and Rent Commencement Date occurred (and, if applicable, the date when any credit under Section 2(d) of this Sublease shall be exhausted).
(c) Subtenant shall pay Fixed Rent, in equal monthly installments in advance, by wire transfer to an account designated by Sublandlord, on the first day of each calendar month during the Term of this Sublease. The monthly installment of Fixed Rent payable on account of any partial calendar month during the Term of this Sublease, if any, shall be prorated. Notwithstanding the foregoing, Subtenant shall pay one (1) month’s installment of Fixed Rent with respect to the entire Sublease Premises (i.e. $295,868.00) upon the execution of this Sublease, which installment of Fixed Rent shall be credited against the installments of Fixed Rent first due after the Rent Commencement Date.
(d) All sums of money, other than Fixed Rent, as shall become due and payable by Subtenant to Sublandlord under this Sublease, shall be deemed to be “Additional Rent”; and Sublandlord shall have the same rights and remedies in the event of nonpayment of Additional Rent as are available to Subla...
Fixed Rent; Additional Rent. Fixed Rent shall consist of Basic Rent (including the Operating Expense Allowance and Real Estate Tax Allowance). Additional Rent shall consist of all sums not included in Fixed Rent which Tenant is obligated to pay to Landlord or third parties from time to time pursuant to the terms of this Lease, including, but not limited to, any Operating Expense Adjustment and any Real Estate Tax Adjustment.
Fixed Rent; Additional Rent. (a) Annual Fixed Rent, commencing on the Rent Commencement Date, shall be paid in equal monthly installments in advance on the first day of each and every calendar month of every year of the Lease Term. In the event that the Rent Commencement Date shall occur on a date other than the first day of a calendar month, any partial month shall be pro-rated on a per diem basis from the Rent Commencement Date through the last day of the month in which the Rent Commencement Date shall occur, until the end of the Lease Term. Such Fixed Rent shall be paid to Landlord during the following periods at the following rates:
(i) Rent Commencement Date to and including the 36th full calendar month of the term following the Rent Commencement Date: The annual sum of $370,000.00, in every year, payable in equal monthly installments of $30,833.33
(ii) The 37th calendar month to and including the 72nd calendar month: The annual sum of $407,000 in every year, payable in equal monthly installments of $33,916.67; and
(iii) The 73rd calendar month to the 108th calendar month; The annual sum of $447,700.00 in every year, payable in equal monthly installments of $37,308.33
(iv) The 109th calendar month through the 144th calendar month: The annual sum of $492,470.00 in every year, payable in equal monthly sums of $41,039.17
(v) The 145th calendar month through the 180th calendar month: The annual sum of $541,717.00, payable in equal monthly installments of $45,143.08
Fixed Rent; Additional Rent. 3.1 Tenant shall pay fixed rent ("Fixed Rent") in the amounts described in Section 1.1 and all Additional Rent (as defined in Section 3.3) commencing on the Rent
Fixed Rent; Additional Rent. 4.1 Commencing on February 1, 2005 (the “Rent Commencement Date”) and continuing throughout the Building #3 Lease Term, Fixed Rent for Building #3 shall be payable by Tenant to Landlord, in the manner set forth in the Lease, according to the following schedule: Building #3 (12,000 rentable square feet): 2/1/05-1/31/06 $ 16,500.00 $ 198,000.00 $16.50 + electric 2/1/06-1/31/07 $ 17,000.00 $ 204,000.00 $17.00 + electric 2/1/07-1/31/08 $ 17,500.00 $ 210,000.00 $17.50 + electric 2/1/08-1/31/09 $ 18,000.00 $ 216,000.00 $18.00 + electric 2/1/09-1/31/10 $ 18,500.00 $ 222,000.00 $18.50 + electric 2/1/10-1/31/11 $ 19,000.00 $ 228,000.00 $19.00 + electric 2/1/11-1/31/12 $ 19,500.00 $ 234,000.00 $19.50 + electric Fixed Rent shall increase fifty ($.50) cents per rentable square foot each year thereafter.
4.2 Tenant shall pay Additional Rent for Building #3 as set forth in the Lease; provided, however, that from and after February 1, 2005, Tenant’s Proportionate Share shall be increased to 25.256% (52,495/211,811).
4.3 On March 1, 2005, Landlord shall give tenant a one-time-only rent credit of Twenty-five Thousand Dollars ($25,000.00) which shall be applied against the total amount of Fixed Rent due for the entire Demised Premises for the month of March 2005.
Fixed Rent; Additional Rent. A. All sums other than Fixed Rent due and payable by Tenant to Owner under this Lease are called "additional rent" or "Additional Rent". Fixed Rent and Additional Rent are collectively called "rent" or "Rent".
B. The failure of Tenant to make any payment of additional rent in this Lease shall entitle Owner to all rights and remedies provided hereunder for the non-payment of Fixed Rent, and the acceptance of all or any portion of such additional rent or Fixed Rent shall not be deemed a waiver of the rights of Owner with respect to any additional rent or Fixed Rent payable pursuant to the terms of this Lease.
C. All payments of Fixed Rent and Additional Rent, including, without limitation, Tenant's payment of its initial monthly installment of Fixed Rent, shall be made to Owner promptly without notice or demand, in lawful money of the United States of America, by good and sufficient check subject to collection and drawn on a New York City bank or trust company which is a member of the New York Clearinghouse Association, at the office of Owner or at such other place as Owner may, at any time and from time to time, by notice to Tenant designate, at the times and in the manner as set forth in this Lease.
D. There shall be no abatement of, deduction from or counterclaim or set-off against, Fixed Rent or Additional Rent, except as otherwise specifically provided by this Lease.
E. No payment by Tenant or receipt of acceptance by Landlord of a lesser amount than the correct amount of Fixed Rent or Additional Rent shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and Landlord may, accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other remedy in this Lease or at law provided.
F. If at the commencement of, or at any time or times during the term of this Lease, the Fixed Rent, additional rent or any other charge reserved in this Lease shall not be fully collectible by reason of any legal requirement, Tenant shall enter into such agreements and take such other steps (without additional expense to Tenant) as Owner may request and as may be legally permissible to permit Owner to collect the maximum rents which may from time to time during the continuance of such legal rent restriction be legally permissible (and not in excess of the amounts reserved therefor under this Lease). ...
Fixed Rent; Additional Rent. 3.1. Tenant shall pay all annual Fixed Rent due under the Lease from and after the Rent Commencement Date and all Additional Rent (as hereinafter defined) due under this Lease from and after the Commencement Date. All monthly installments of Fixed Rent shall be payable in advance on the first day of each and every calendar month throughout the Term commencing on the Rent Commencement Date. Any Fixed Rent or Additional Rent payable for one or more full calendar months in a partial Operating Year at the beginning or end of the Term shall be equitably prorated.
Fixed Rent; Additional Rent. (a) During the Initial Term, Sublessee shall pay to Sublessor on a monthly basis fixed rent (“Fixed Rent”) in the amount of $5,833.33 (which is calculated at the annual rate of $20.00 per gross leasable square foot). If applicable, during the Extended Term, Sublessee shall pay to Sublessor on a monthly basis Fixed Rent in the amount of $6,008.33 (which is calculated at the annual rate of $20.60 per gross leasable square foot). Any partial month shall be prorated on a per diem basis. Fixed Rent shall be paid in advance, without notice, set-off, counterclaim or abatement on the first day of each calendar month during the Term, except that Sublessee shall pay the Fixed Rent for the period from September 15, 2010 through October 31, 2010 in the amount of $8,750 simultaneously with its execution of this Sublease. If the Commencement Date occurs subsequent to September 15, 2010, then Sublessee shall receive a credit against the Fixed Rent payable for the month of November 2010 of $194.44 multiplied by the number of days from and including September 15, 2010 to but excluding the Commencement Date.
(b) Sublessee shall pay to Sublessor additional rent (“Additional Rent”), as follows:
(i) during the Term, Sublessee shall pay Sublessor $510.42 per month for electrical energy (which is calculated at the annual rate of $1.75 per gross leasable square foot), subject to adjustment in accordance with Article 24 of the Master Lease with respect to the Sublet Premises;
(ii) beginning January 1, 2011 and continuing during the remainder of the Term, Sublessee shall pay Sublessor 24.63% of the increased amount, if any, of “operating expenses”, including real estate taxes, payable by Sublessor to Landlord pursuant to Article 26 of the Master Lease, utilizing the 2010 calendar year as the base year for the calculation. These increases to “operating expenses”, including real estate taxes, shall be in lieu of any increases in operating expenses or taxes payable by Sublessor as tenant under the Master Lease; and
(iii) the full amount of any additional rent payable by Sublessor under the Master Lease by reason of Sublessee’s default, negligence, violation or wrongdoing hereunder or under the Master Lease, or Sublessee’s overtime usage of HVAC and/or requests for additional janitorial or other special services. All Additional Rent payments owed by Sublessee hereunder shall be paid within 10 days after billing therefor (which shall include reasonable supporting documentation) by Suble...
Fixed Rent; Additional Rent and other charges payable by Tenant hereunder as they become due under this Lease in one or more successive suits.
