Common use of Gross Rent Clause in Contracts

Gross Rent. For the first year of the Term (12 months' occupancy), Tenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine and 00/100 Dollars ($26,429.00) as gross rent ($13.00 per rentable square foot) for the Premises (the "Annual Gross Rent"), due and payable on the first day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) during the first year of the Term at Two Thousand Two Hundred Two and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable to the order of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on the first day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which shall be the square footage of the Tenant's Premises and the denominator of which shall be the total leased space of the Building as reasonably determined by Landlord. For years where occupancy is less than a calendar year, Tenant's proportionate share, if any, will be prorated accordingly.

Gross Rent. For During the first year of the Term (12 months' occupancy)Term, Tenant Subtenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine Sublandlord a monthly rent in the amount of $34,507.00 per month, payable in advance, without demand, notice or offset, commencing on the Commencement Date and 00/100 Dollars ($26,429.00) as gross rent ($13.00 per rentable square foot) for the Premises (the "Annual Gross Rent"), due and payable on or before the first day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) thereafter during the first year of Term. Rent shall be paid by wire transfer or ACH transfer in accordance with payment instructions provided by Sublandlord. Rent shall be prorated for any partial months occurring during the Term at Two Thousand Two Hundred Two hereof. This Sublease is and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent be a “gross” sublease and any Additional Rent are to be made payable costs and expenses in connection with, arising out of, or with respect to the order Premises not specifically stated herein as the responsibility of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on the first day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which Subtenant shall be the square footage sole responsibility of Sublandlord and Sublandlord shall be liable therefor, including, without limitation, use of the Tenant's compressed air system, all maintenance and repair costs, utility expenses, property insurance and real estate taxes. Notwithstanding the foregoing, if, pursuant to any provisions of the Prime Lease, any payments to Prime Landlord for services or other charges allocable in whole or in part to the Subleased Premises and the denominator of which shall be the total leased space payable because of services ordered by Subtenant, activities undertaken by or on behalf of Subtenant, Subtenant’s use or occupancy of the Building Subleased Premises or Subtenant’s breach of, or default under, the Prime Lease, then Subtenant shall promptly pay to Sublandlord or Prime Landlord, as reasonably determined appropriate, all such payments or other charges to the extent allocable to the Subleased Premises or to Subtenant. In addition to and not in limitation of any other remedies for non-payment of rent or other charges, any payment of rent or other charges not received within ten (10) calendar days after the date it is due shall bear interest from the due date until paid at a rate equal to the lesser of (a) the prime commercial rate being published in the Wall Street Journal on the date due plus two percent (2%) per annum or (b) the highest rate permitted by Landlordapplicable law. For years where occupancy is less than a calendar yearIn addition, Tenant's proportionate share, if any, will Subtenant shall be prorated accordinglyobligated to reimburse Sublandlord for any reasonable costs of collection (including reasonable attorney’s fees) in connection with such unpaid amounts. All of Subtenant’s obligations to pay all rental or monies due in or under this Sublease shall survive the expiration or earlier termination of this Sublease.

Gross Rent. For During the first year of the Term (12 months' occupancy)Term, Tenant Subtenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine Sublandlord a monthly rent in the amount of $27,057.00 per month, payable in advance, without demand, notice or offset, commencing on the Commencement Date and 00/100 Dollars ($26,429.00) as gross rent ($13.00 per rentable square foot) for the Premises (the "Annual Gross Rent"), due and payable on or before the first day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) thereafter during the first year of Term. Rent shall be paid by wire transfer or ACH transfer in accordance with payment instructions provided by Sublandlord. Rent shall be prorated for any partial months occurring during the Term at Two Thousand Two Hundred Two hereof. This Sublease is and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent be a “gross” sublease and any Additional Rent are to be made payable costs and expenses in connection with, arising out of, or with respect to the order Premises not specifically stated herein as the responsibility of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on the first day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which Subtenant shall be the square footage sole responsibility of Sublandlord and Sublandlord shall be liable therefor, including, without limitation, use of the Tenant's compressed air system, all maintenance and repair costs, utility expenses, property insurance and real estate taxes. Notwithstanding the foregoing, if, pursuant to any provisions of the Prime Lease, any payments to Prime Landlord for services or other charges allocable in whole or in part to the Subleased Premises and the denominator of which shall be the total leased space payable because of services ordered by Subtenant, activities undertaken by or on behalf of Subtenant, Subtenant’s use or occupancy of the Building Subleased Premises or Subtenant’s breach of, or default under, the Prime Lease, then Subtenant shall promptly pay to Sublandlord or Prime Landlord, as reasonably determined appropriate, all such payments or other charges to the extent allocable to the Subleased Premises or to Subtenant. In addition to and not in limitation of any other remedies for non-payment of rent or other charges, any payment of rent or other charges not received within ten (10) calendar days after the date it is due shall bear interest from the due date until paid at a rate equal to the lesser of (a) the prime commercial rate being published in the Wall Street Journal on the date due plus two percent (2%) per annum or (b) the highest rate permitted by Landlordapplicable law. For years where occupancy is less than a calendar yearIn addition, Tenant's proportionate share, if any, will Subtenant shall be prorated accordinglyobligated to reimburse Sublandlord for any reasonable costs of collection (including reasonable attorney’s fees) in connection with such unpaid amounts. All of Subtenant’s obligations to pay all rental or monies due in or under this Sublease shall survive the expiration or earlier termination of this Sublease.

Gross Rent. For During the first year of the Term (12 months' occupancy)Term, Tenant Subtenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine Sublandlord a monthly rent in the amount of $4,500.00 per month, payable in advance, without demand, notice or offset, commencing on the Commencement Date and 00/100 Dollars ($26,429.00) as gross rent ($13.00 per rentable square foot) for the Premises (the "Annual Gross Rent"), due and payable on or before the first day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) thereafter during the first year of Term. Rent shall be paid by wire transfer or ACH transfer in accordance with payment instructions provided by Sublandlord. Rent shall be prorated for any partial months occurring during the Term at Two Thousand Two Hundred Two hereof. This Sublease is and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent be a “gross” sublease and any Additional Rent are to be made payable costs and expenses in connection with, arising out of, or with respect to the order Premises not specifically stated herein as the responsibility of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on the first day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which Subtenant shall be the square footage sole responsibility of Sublandlord and Sublandlord shall be liable therefor, including, without limitation, use of the Tenant's compressed air system, all maintenance and repair costs, utility expenses, property insurance and real estate taxes. Notwithstanding the foregoing, if, pursuant to any provisions of the Prime Lease, any payments to Prime Landlord for services or other charges allocable in whole or in part to the Subleased Premises and the denominator of which shall be the total leased space payable because of services ordered by Subtenant, activities undertaken by or on behalf of Subtenant, Subtenant’s use or occupancy of the Building Subleased Premises or Subtenant’s breach of, or default under, the Prime Lease, then Subtenant shall promptly pay to Sublandlord or Prime Landlord, as reasonably determined appropriate, all such payments or other charges to the extent allocable to the Subleased Premises or to Subtenant. In addition to and not in limitation of any other remedies for non-payment of rent or other charges, any payment of rent or other charges not received within ten (10) calendar days after the date it is due shall bear interest from the due date until paid at a rate equal to the lesser of (a) the prime commercial rate being published in the Wall Street Journal on the date due plus two percent (2%) per annum or (b) the highest rate permitted by Landlordapplicable law. For years where occupancy is less than a calendar yearIn addition, Tenant's proportionate share, if any, will Subtenant shall be prorated accordinglyobligated to reimburse Sublandlord for any reasonable costs of collection (including reasonable attorney’s fees) in connection with such unpaid amounts. All of Subtenant’s obligations to pay all rental or monies due in or under this Sublease shall survive the expiration or earlier termination of this Sublease.

Gross Rent. For the first year of the Term (12 months' occupancy), Tenant shall timely pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine Gross Rent (as defined in the Basic Lease Information), without notice, demand, deduction or set-off, by good and 00/100 Dollars sufficient check drawn on a national banking association at Landlord’s address provided for in this Lease or such other address as specified by Landlord or, at Tenant’s option, by Automated Clearing House ($26,429.00ACH) payment and shall be accompanied by all applicable state and local sales or use taxes. Except as gross rent ($13.00 per rentable square foot) for otherwise provided herein, the Premises (obligations of Tenant to pay Gross Rent and the "Annual obligations of Landlord under this Lease are independent obligations. Gross Rent"), due and adjusted as herein provided, shall be payable monthly in advance. The first (1st) monthly installment of Gross Rent shall be payable on the Rent Commencement Date; thereafter, Gross Rent shall be payable on the first (1st) day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) during the first year of the Term at Two Thousand Two Hundred Two and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable to the order of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not beginning on the first (1st) day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year full calendar month of the Term. The monthly Gross Rent for any partial month at the beginning of the Term shall equal the product of 1/365 (after 12 months or in the event of occupancy)a leap year, 1/366) of the annual Gross Rent in effect during the partial month and the number of days in the partial month, and each Lease Year thereafter, shall be due on the Annual Rent Commencement Date. Payments of Gross Rent for any fractional calendar month at the end of the Term shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enactedbe similarly prorated. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year Simultaneously upon execution of this Lease over the previous calendar yearLease, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs Landlord shall be determined by multiplying the increase over 5% by a fraction, the numerator of which shall be the square footage of the Tenant's Premises execute and the denominator of which shall be the total leased space of the Building as reasonably determined by Landlord. For years where occupancy is less than a calendar yeardeliver an IRS W-9 form, Tenant's proportionate share’s ACH payment form and Tenant’s Size Self-Certification Form, if any, will be prorated accordingly.all in the forms attached hereto as Exhibit K.

Gross Rent. For Commencing on the first year of Reduction Commencement Date, the Term “Reduced Gross Rent” (12 months' occupancy), Tenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine and 00/100 Dollars ($26,429.00) as gross rent ($13.00 per rentable square footherein so called) for the Premises (throughout the "Expiration Date shall be as follows: Months Annual Gross Rent")Rent Monthly Gross Rent Reduction Commencement Date- March 31, 2011 $240,000.00 $20,000.00 April 1, 2011- March 31, 2012 $240,000.00 $20,000.00 April 1, 2012- Expiration Date $240,000.00 $20,000.00 The Reduced Gross Rent shall be due and payable in equal monthly installments, with each such installment being due and payable on the first day of each calendar month month, in advance, without demand and without setoff or deduction whatsoever. In addition, the Reduced Gross Rent shall be due and payable regardless of whether Tenant is occupying the Reduced Premises and/or whether or not Landlord has relet the Reduced Premises upon Tenant’s vacation or desertion of same; it being the express intention of Landlord and Tenant that the Reduced Gross Rent be guaranteed rent. Tenant has paid Landlord a security deposit equal to $20,000.00 (first month's Rent and the “Security Deposit due upon Tenants' Deposit”), concurrently with the execution of this Lease) during Amendment, which sum shall be retained by Landlord as security for Tenant’s full, timely and faithful performance of all of Tenant’s obligations hereunder, including, but not limited to, the first year payment of the Term at Two Thousand Two Hundred Two and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Annual Gross Rent. All sums due and payable by Tenant shall not be entitled to any interest upon the Security Deposit, nor shall Landlord under be required to segregate or hold the terms Security Deposit separate from Landlord’s other funds, but shall carry such sum as a bookkeeping entry only. In the event that Tenant shall fully perform the covenants and provisions of this the Lease as amended, Landlord shall constitute "Additional Rent" under this Lease. All checks refund the Security Deposit, or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable to the order of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on the first day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which shall be the square footage of the Tenant's Premises and the denominator of which shall be the total leased space of the Building as reasonably determined by Landlord. For years where occupancy is less than a calendar year, Tenant's proportionate shareunused balance thereof, if any, will be prorated accordinglyto Tenant within thirty (30) days after the expiration or sooner termination of the term of the Lease.