Common use of Fixed Rent Clause in Contracts

Fixed Rent. a. Throughout the Term of the Lease, Tenant shall continue to pay Fixed Rent with respect to the Demised Premises in the amounts set forth in Paragraph 6 of the Basic Lease Provisions and Exhibit F attached to the Lease, as amended by Paragraph 6 of the First Amendment. b. In addition to the Fixed Rent payable under the Lease with respect to the Demised Premises, as of the Effective Date, Tenant shall pay Fixed Rent with respect to the Second Additional Premises, at the times and in the manner set forth in Paragraph 2 of the Lease, according to the following schedule: Effective Date-5/31/06 $ 647,900.04 * $ 53,991.67 6/1/06-1/31/09 $ 671,460.00 * $ 55,955.00 2/1/09-7/31/11 $ 695,019.96 * $ 57,918.33 *annualized amounts c. Notwithstanding anything to the contrary contained herein, no Fixed Rent shall be paid by Tenant with respect to the Second Additional Premises for the first seven (7) full consecutive calendar months of the Second Additional Premises Term. No other amounts due to Landlord under this Lease other than the Fixed Rent with respect to the Second Additional Premises shall be abated, except as expressly provided herein. In the event Tenant defaults hereunder and fails to cure such default within any applicable notice or cure period, Tenant shall not be entitled to any further abatement of Fixed Rent with respect to the Second Additional Premises and all Fixed Rent with respect to the Second Additional Premises previously abated shall be immediately paid by Tenant to Landlord. d. Fixed Rent payable with respect to the Second Additional Premises shall be net of electricity, which shall be a separate charge paid by Tenant in accordance with Paragraphs 15(d) through (o) of the Lease.

Fixed Rent. a. Throughout A. Effective throughout the Term period commencing on the Additional Premises Commencement Date and ending on the Expiration Date, both dates inclusive, the fixed rent payable pursuant to the Lease shall, subject to adjustment as provided in the Lease, be increased by the annual amount of Fifty-Seven Thousand Two Hundred Sixty-Two and 45/100 ($57,262,.45) Dollars ($4,771.84 per month) (which increase shall herein be referred to as the "FIXED A/P RENT"). B. Effective as of the Additional Premises Commencement Date and provided Tenant is not then in default under the terms, covenants and conditions of this Agreement and/or the Lease, Tenant is herewith granted a fixed rent concession solely in connection with the Fixed A/P Rent payable as set forth in Paragraph 4.A of this Agreement for the Additional Premises, solely for the two (2) month period (the "FREE FIXED A/P RENT PERIOD") commencing on the Additional Premises Commencement Date and ending on the day next preceding the two (2) month anniversary of the Additional Premises Commencement Date; provided, however, Tenant shall continue nevertheless be obligated to pay to Landlord all additional rents and other charges payable under the terms of this Agreement (including electricity charges) during the Free Fixed A/P Rent Period, and provided further that Tenant shall pay to Landlord all of the fixed rent with respect to the Demised Original Premises in the amounts set forth in Paragraph 6 of the Basic Lease Provisions and Exhibit F attached to the Lease, as amended by Paragraph 6 of the First Amendment. b. In addition to the Fixed Rent all additional rents and other charges payable under the Lease with respect to during the Demised Premises, Free Fixed A/P Rent Period. Except for the Fixed A/P Rent concession as of the Effective Dateherein provided, Tenant shall pay Fixed Rent with respect use and occupy the Demised Premises pursuant to the Second Additional Premises, at the times and in the manner set forth in Paragraph 2 all of the Leaseother terms, according to the following schedule: Effective Date-5/31/06 $ 647,900.04 * $ 53,991.67 6/1/06-1/31/09 $ 671,460.00 * $ 55,955.00 2/1/09-7/31/11 $ 695,019.96 * $ 57,918.33 *annualized amounts c. Notwithstanding anything to the contrary contained herein, no Fixed Rent shall be paid by Tenant with respect to the Second Additional Premises for the first seven (7) full consecutive calendar months of the Second Additional Premises Term. No other amounts due to Landlord under this Lease other than the Fixed Rent with respect to the Second Additional Premises shall be abated, except as expressly provided herein. In the event Tenant defaults hereunder covenants and fails to cure such default within any applicable notice or cure period, Tenant shall not be entitled to any further abatement of Fixed Rent with respect to the Second Additional Premises and all Fixed Rent with respect to the Second Additional Premises previously abated shall be immediately paid by Tenant to Landlord. d. Fixed Rent payable with respect to the Second Additional Premises shall be net of electricity, which shall be a separate charge paid by Tenant in accordance with Paragraphs 15(d) through (o) conditions of the Lease.

Fixed Rent. a. Throughout Commencing on the Term of Commencement Date and continuing through the LeaseExpiration Date, Tenant Subtenant shall continue pay fixed rent (“Fixed Rent”) to pay Fixed Rent with respect to Sublandlord at the Demised Premises in the amounts rates set forth in Paragraph 6 below. 1 – 60 ** $77.00 $7,107,562.00 $592,296.83 61 – End of the Basic Lease Provisions and Exhibit F attached to the Lease, as amended by Paragraph 6 of the First Amendment. b. In addition to the Fixed Rent payable under the Lease with respect to the Demised Premises, as of the Effective Date, Tenant shall pay Fixed Rent with respect to the Second Additional Premises, at the times and in the manner set forth in Paragraph 2 of the Lease, according to the following schedule: Effective Date-5/31/06 $ 647,900.04 * $ 53,991.67 6/1/06-1/31/09 $ 671,460.00 * $ 55,955.00 2/1/09-7/31/11 $ 695,019.96 * $ 57,918.33 Term $81.00 $7,476,786.00 $623,065.50 *annualized amounts c. *Notwithstanding anything to the contrary contained herein, as long as Subtenant is not in default of its obligations hereunder, Subtenant shall be entitled to an abatement of Fixed Rent in the total amount of Six Million Five Hundred Eight- Four Thousand Four Hundred Ninety-Four and 67/100 Dollars ($6,584,494.67) (the “Total Abatement”), to be applied as follows: commencing on the Commencement Date, and for each month thereafter, Sublandlord shall apply the Total Abatement against each monthly installment of Fixed Rent otherwise payable by Subtenant pursuant to this Sublease until the Total Abatement is exhausted (said period of abated Fixed Rent, the “Fixed Rent Abatement Period”). The date immediately following the expiration of the aforementioned Fixed Rent Abatement Period is hereinafter referred to as the “Rent Commencement Date”. The abatement of Fixed Rent described above (i.e., the Total Abatement) is (a) applicable to Fixed Rent only and, therefore, all Additional Rent and other costs and charges specified herein shall remain as due and payable pursuant to the provisions of this Sublease; and (b) expressly conditioned on there being no Default on the part of Subtenant under the Sublease throughout the Term. Accordingly, if there is a Subtenant Default under this Sublease, and such default results in a termination of this Sublease prior to the expiration of the Term hereof, then Subtenant shall pay to Sublandlord, in addition to all other amounts and damages to which Sublandlord is entitled as a result of said default by Subtenant, the unamortized portion of full amount of the Total Abatement which is attributable to the unexpired portion of the Term as of the effective date of Sublease termination. Fixed Rent shall be payable on the first (1st) calendar day of each calendar month during the Term. An amount equal to one (1) month’s Fixed Rent shall be due upon the execution of this Sublease, and shall be applied to the first (1st) installment of Fixed Rent due following the Rent Commencement Date. In addition, if Rent Commencement Date is a date other than the first (1st) day of a month, Fixed Rent for such period shall be appropriately prorated. All Fixed Rent shall be paid by Tenant with respect to the Second Additional Premises for the first seven (7) full consecutive calendar months Sublandlord, without notice, demand, abatement, deduction or offset, in lawful money of the Second Additional Premises Term. No other amounts due to Landlord under this Lease other than the Fixed Rent with respect to the Second Additional Premises shall be abated, except as expressly provided herein. In the event Tenant defaults hereunder and fails to cure such default within any applicable notice or cure period, Tenant shall not be entitled to any further abatement of Fixed Rent with respect to the Second Additional Premises and all Fixed Rent with respect to the Second Additional Premises previously abated shall be immediately paid by Tenant to LandlordUnited States. d. Fixed Rent payable with respect to the Second Additional Premises shall be net of electricity, which shall be a separate charge paid by Tenant in accordance with Paragraphs 15(d) through (o) of the Lease.

Fixed Rent. a. Throughout (a) Tenant's obligation to pay fixed rent shall commence on the Commencement Date. Tenant agrees to pay to Landlord, during the Term, annual fixed rent (the "Fixed Rent") in equal monthly installments ("Monthly Installments") without prior demand and without any set off or deduction whatsoever. The Monthly Installments will be due and payable on the Commencement Date and on the first day of each and every month thereafter for the Term. All Monthly Payments and payments of Additional Rent (defined in Paragraph 40 hereof) shall be sent to the Landlord at the address herein set forth or such other address as Landlord may designate. The Fixed Rent during the first three Lease Years of the Term of shall be as follows: $1,080,000.00, with each Monthly Installment being $90,000.00, except that during the Leaseoccupancy by E-Tronics as aforesaid, Tenant shall continue to pay Fixed Rent with respect to the Demised Premises in the amounts set forth in Paragraph 6 of the Basic Lease Provisions and Exhibit F attached to the Lease, as amended by Paragraph 6 of the First Amendment. b. In addition to the Fixed Rent payable under and the Lease with respect to the Demised PremisesMonthly Installments, as of the Effective Datewell as Additional Rent referred to below, Tenant shall pay Fixed Rent with respect to the Second Additional Premiseseach be reduced by 24.5%. The first month's Monthly Installment, at the times and in the manner set forth in Paragraph 2 of the Lease, according to the following schedule: Effective Date-5/31/06 $ 647,900.04 * $ 53,991.67 6/1/06-1/31/09 $ 671,460.00 * $ 55,955.00 2/1/09-7/31/11 $ 695,019.96 * $ 57,918.33 *annualized amounts c. Notwithstanding anything to the contrary contained herein, no Fixed Rent shall be paid by Tenant with respect to the Second Additional Premises for upon execution hereof. (b) The Fixed Rent shall be increased by two (2.5%) per annum of the first seven (7) full consecutive calendar months day of the Second fourth Lease Year and on the first of each Lease Year thereafter (including each Lease Year during the Additional Premises Term. No other amounts due , if any), such increases to Landlord under this Lease be on a cumulative, compounded basis. (e) In the event that the obligation to pay Fixed Rent or Additional Rent shall commence on any day other than the first of the month, the Fixed Rent with respect and Additional Rent shall be pro-rated for the period upon which the obligation to pay rent accrues, to the Second Additional Premises shall be abated, except as expressly provided herein. In the event Tenant defaults hereunder and fails to cure such default within any applicable notice or cure period, Tenant shall not be entitled to any further abatement of Fixed Rent with respect to the Second Additional Premises and all Fixed Rent with respect to the Second Additional Premises previously abated shall be immediately paid by Tenant to Landlord. d. Fixed Rent payable with respect to the Second Additional Premises shall be net of electricity, which shall be a separate charge paid by Tenant in accordance with Paragraphs 15(d) through (o) last day of the Leasecalendar month.

Fixed Rent. a. Throughout Tenant shall pay to Landlord as fixed annual rent for each Lease Year for the Term Premises, without notice, set-off, counterclaim, deduction or demand, the following amounts, subject to adjustment as provided in Section 3.2 hereof: 1 $ 236,495.00 $ 19,707.92 2 $ 243,589.85 $ 20,299.15 3 $ 250,897.54 $ 20,908.13 4 $ 258,424.46 $ 21,535.37 5 $ 266,177.19 $ 22,181.43 Fixed annual rent shall be payable in equal monthly installments beginning on the Lease Commencement Date and thereafter monthly, in advance, on the first day of each month during the Lease Term, (each such monthly installment being referred to herein as “fixed monthly rent”). If the Rent Commencement Date (defined below) is a date other than on the first day of a month, rent from such date until the first day of the following month shall be prorated at the rate of one-thirtieth (1/30th) of the fixed monthly rent for each day. As used herein, the first “Lease Year” shall mean the period commencing on the Lease Commencement Date and ending on the last day of the month which completes (12) twelve full calendar months, and each 12-month period, thereafter commencing on the first day after the end of the immediately preceding Lease Year. The date upon which Tenant is required to begin making fixed rent payments under this Lease shall be the “Rent Commencement Date.” Notwithstanding such abatement of fixed rent, (a) all other sums due under this Lease, Tenant including, but not limited to, additional rent, shall continue to pay Fixed Rent with respect to the Demised Premises be payable as provided in the amounts this Lease, and (b) any increases in fixed rent set forth in Paragraph 6 this Lease shall occur on the dates scheduled therefor. The abatement of Tenant’s fixed rent is conditioned upon Tenant’s full and timely performance of all of its obligations under this Lease. If at any time during the Basic Lease Provisions Term a default by Tenant occurs, then the abatement of fixed rent provided for herein shall immediately become void, and Exhibit F attached Tenant shall promptly pay to the LeaseLandlord, as amended by Paragraph 6 of the First Amendment. b. In in addition to the Fixed Rent payable under the Lease with respect to the Demised Premises, as of the Effective Date, Tenant shall pay Fixed Rent with respect to the Second Additional Premises, at the times and in the manner set forth in Paragraph 2 of the Lease, according to the following schedule: Effective Date-5/31/06 $ 647,900.04 * $ 53,991.67 6/1/06-1/31/09 $ 671,460.00 * $ 55,955.00 2/1/09-7/31/11 $ 695,019.96 * $ 57,918.33 *annualized amounts c. Notwithstanding anything to the contrary contained herein, no Fixed Rent shall be paid by Tenant with respect to the Second Additional Premises for the first seven (7) full consecutive calendar months of the Second Additional Premises Term. No other amounts due to Landlord under this Lease other than Lease, the Fixed Rent with respect to the Second Additional Premises shall be full amount of fixed rent herein abated, except as expressly provided herein. In the event Tenant defaults hereunder and fails to cure such default within any applicable notice or cure period, Tenant shall not be entitled to any further abatement of Fixed Rent with respect to the Second Additional Premises and all Fixed Rent with respect to the Second Additional Premises previously abated shall be immediately paid by Tenant to Landlord. d. Fixed Rent payable with respect to the Second Additional Premises shall be net of electricity, which shall be a separate charge paid by Tenant in accordance with Paragraphs 15(d) through (o) of the Lease.

Fixed Rent. a. Throughout Sublessee shall pay rent (“Fixed Rent”) at the Term of the Lease, Tenant shall continue to pay Fixed Rent with respect to the Demised Premises times and in the amounts set forth in Paragraph 6 of the Basic Lease Provisions and Exhibit F attached to the Lease, as amended by Paragraph 6 of the First Amendment. b. In addition to the Fixed Rent payable under the Lease with respect to the Demised Premises, as of the Effective Date, Tenant shall pay Fixed Rent with respect to the Second Additional Premises, at the times and in the manner set forth in Paragraph 2 of the Lease, according to the following schedule: Effective Date-5/31/06 $ 647,900.04 * $ 53,991.67 6/1/06-1/31/09 $ 671,460.00 * $ 55,955.00 2/1/09-7/31/11 $ 695,019.96 * $ 57,918.33 *annualized amounts c. C. Notwithstanding anything to the contrary contained herein, in consideration of Sublessee entering into this Sublease and so long as there is no Default under this Sublease, monthly Fixed Rent shall be paid by Tenant with respect to the Second Additional Premises a▇▇▇▇ for the first seven six (76) full consecutive calendar months of the Second Additional Premises TermSublease Term (the “Rent Abatement Period”). No The total amount of monthly Fixed Rent during the Rent Abatement Period shall be referred to herein as the “Abated Rent.” During the Rent Abatement Period all other amounts due to Landlord under costs and charges specified in this Lease Sublease other than the Fixed Abated Rent with respect shall remain as due and payable pursuant to the Second Additional Premises provisions of this Sublease. If a Default by Sublessee shall occur while the foregoing Rent Abatement Period is still in effect, such abatement shall be abated, except as expressly provided herein. In the event Tenant defaults hereunder and fails to cure such IF "Error! No document variable supplied." = "1" "Error! Unknown document property name." "" suspended during any period in which Sublessee is in default within under this Sublease beyond any applicable notice and cure periods and shall resume when such default has been cured, if Sublessor elects to accept such cure, and thereafter remain in effect until Sublessee has received the full 6 months of abated Fixed Rent. If a Default by Sublessee shall occur at any time during the Sublease Term which results in a termination of this Sublease or cure period, Tenant shall not be entitled Sublessee’s right to any further abatement of Fixed Rent with respect to the Second Additional Premises and all Fixed Rent with respect to the Second Additional Premises previously abated shall be immediately paid by Tenant to Landlord. d. Fixed Rent payable with respect to the Second Additional Premises shall be net of electricity, which shall be a separate charge paid by Tenant in accordance with Paragraphs 15(d) through (o) possession of the LeaseSubleased Premises hereunder, the portion of the Abated Rent unamortized as of the date such Default occurs (with the Abated Rent being deemed to have been amortized in equal monthly installments together with interest thereon at the rate of eight percent (8%) per annum over the number of full calendar months in the Sublease Term following such abatement period) shall become due and payable by Sublessee to Sublessor within thirty (30) days of such termination.

Fixed Rent. a. Throughout (a) Tenant covenants and agrees to pay Fixed Rent in advance on the first (1st) day of each calendar month during the Term and without notice, demand, abatement, deduction, counterclaim, setoff, defense or otherwise, in lawful money of the United States, to Landlord at Landlord’s Address for Notices throughout the Term of this Lease in accordance with the rent schedule on Exhibit “B” which is attached hereto and incorporated herein by reference. Tenant shall pay Landlord, as Additional Rent, an amount equal to Tenant’s Share of expenses in excess of the amount of Expenses for the Base Year, as follows: (a) Tenant covenants and agrees to pay, as Additional Rent in equal monthly installments payable on the first day of each calendar month throughout the term of this Lease, the sum of $1.75 per rentable square foot per annum (i.e. $2,520 per annum) (the “Electricity Amount”), to compensate Landlord for the electrical wiring and other installations necessary for, and for its obtaining and redistribution of, electric current as an additional service. If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to the date of this Lease, by change in Landlord’s electric rates, charges, fuel adjustment, or service classifications, or by taxes or charges of any kind imposed thereon, or for any other such reason, then the Electricity Amount shall be increased in the same percentage, but no higher than $2.50 per rentable square foot per annum during the Term of the Lease. (b) Within one hundred twenty (120) days after the end of each calendar year, Landlord shall endeavor to provide a statement (“Operating Statement”) to Tenant showing, in reasonable detail: (i) the amount Expenses for such calendar year, (ii) any payments of Estimated Additional Rent by Tenant during such calendar year, and (iii) any revision of the amount of Estimated Additional Rent for the then current calendar year. The failure of Landlord to timely submit an Operating Statement for any year shall not be a waiver of Landlord’s right to collect any Rent described under this Lease. If Landlord does not send an Operating Statement within three hundred sixty-five (365) days following the end of a calendar year, then Tenant shall not be liable for any underpayments for the prior calendar year (other than, with respect to Taxes, to the extent that the amount of Taxes is changed by a municipal taxing authority for any prior year, but in no event later than three hundred sixty-five (365) days following the expiration of the Term). (c) If an Operating Statement shows that Tenant’s actual Estimated Additional Rent payments were less than Tenant’s actual obligations for Tenant’s Share of Expenses for the applicable year, then Tenant shall pay the shortfall within thirty (30) days after Tenant’s receipt of the Operating Statement. (d) If an Operating Statement shows an increase in the amount of Estimated Additional Rent for the current calendar year, Tenant shall: (i) pay the difference between the new and former estimates for the period from the date of the last adjustment of Estimated Additional Rent through the month in which the Operating Statement is dated, which payment shall be made within thirty (30) days after Tenant’s receipt of the Operating Statement, and (ii) thereafter pay the new Estimated Additional Rent amount until any subsequent adjustment thereof. (e) If an Operating Statement shows that Tenant’s payments of Estimated Additional Rent exceeded Tenant’s actual obligations for Expenses, Landlord shall credit the excess against payment of Estimated Additional Rent next due. If the Term shall have expired and no further Rent shall be due or if the credit exceeds the amount of Estimated Additional Rent due for the remainder of the Term, Landlord shall provide a refund or a credit against unpaid Base Rent of such excess at the time Landlord sends the Operating Statement. (f) Landlord reserves the right to reasonably change or update the Estimated Additional Rent (based on Landlord’s reasonable analysis that the Estimated Additional Rent has changed), from time to time, the manner and timing of the computation of Additional Rent, provided that the timing of Tenant’s payments of Additional Rent shall not materially change. In lieu of providing one Operating Statement covering all items of Expenses, Landlord may provide separate statements, at the same or different times. (g) Concurrently with Tenant’s execution of this Lease, Tenant shall continue pay to pay Landlord an amount equal to one (1) monthly installment of Fixed Rent with respect to payable under this Lease for the Demised Premises in the amounts set forth in Paragraph 6 first full calendar month of the Basic Lease Provisions and Exhibit F attached to Term. (h) If the LeaseLease Commencement Date is a day other than the first day of a month, as amended by Paragraph 6 then the Fixed Rent from the Lease Commencement Date until the first day of the First Amendmentfollowing month shall be pro-rated on a per diem basis at the rate of one-thirtieth (1/30th) of the monthly installment of Fixed Rent payable. b. (i) In addition to the Fixed Rent payable under the Lease with respect to the Demised Premises, be paid as of the Effective Dateherein provided, Tenant shall pay Fixed Rent with respect to pay, as Additional Rent, the Second Additional Premises, at the times cost of any late charges and in the manner interest charges as set forth in Paragraph 2 of the subsection (i) below, any insufficient fund charges for bounced checks, any court costs and attorney’s fees for enforcing Tenant’s obligations under this Lease, according and other costs and expenses as specified in Section 151. Tenant’s obligations to make the following schedule: Effective Date-5/31/06 $ 647,900.04 * $ 53,991.67 6/1/06-1/31/09 $ 671,460.00 * $ 55,955.00 2/1/09-7/31/11 $ 695,019.96 * $ 57,918.33 *annualized amounts c. Notwithstanding anything to the contrary contained herein, no Fixed payments required by this Section 4(d) as Additional Rent shall be paid survive any termination of this Lease by lapse of time or otherwise. (j) Any Rent payable by Tenant with respect to the Second Additional Premises for the first seven (7) full consecutive calendar months of the Second Additional Premises Term. No other amounts due to Landlord under this Lease other than that is not paid within ten (10) business days after the Fixed same is due will be automatically subject to a late payment charge of ten percent (10%) of the delinquent amount, in each instance, to cover Landlord’s additional administrative costs. In addition to the late charge set forth above, Tenant shall also be required to pay interest on all such unpaid sums, at a per annum rate equal to the maximum rate permitted by applicable law (“Default Rate”) on all such outstanding charges of Rent, with said interest charges, as applicable, to be payable on the first (1st) day of each month throughout the Term of this Lease, without further notice or demand therefor by Landlord. Such late charges and interest will be due and payable as set forth herein and will accrue from the date that such Rent (including late charges and interest) sums are payable under the provisions of this Lease until actually paid by Tenant. The right of Landlord to charge a late charge and interest with respect to the Second Additional Premises shall be abated, except as expressly provided herein. In the event Tenant defaults hereunder and fails to cure such default within any applicable notice or cure period, Tenant shall not be entitled to any further abatement past due installments of Fixed Rent with respect to the Second Additional Premises and all Fixed Rent with respect to the Second Additional Premises previously abated shall be immediately paid by Tenant is in addition to Landlord’s rights and remedies upon an Event of Default. d. Fixed Rent payable with respect to the Second Additional Premises shall be net of electricity, which shall be a separate charge paid by Tenant in accordance with Paragraphs 15(d) through (o) of the Lease.