Monthly Base Rent. Until the later of (i) the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue to pay monthly installments of Base Rent for the Original Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Lease to the contrary, effective as of the New Commencement Date and continuing for the duration of the New Term, Tenant shall pay monthly installments of Base Rent for the New Premises to Landlord in accordance with the following schedule: Months Monthly Installments of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning of the New Term. **Notwithstanding the schedule above, provided Tenant is not in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure period, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Base Rent for the New Premises for the first three (3) months following the New Commencement Date (the “Abatement Period”) (the total amount of such abated Base Rent is hereafter referred to as the “Abated Amount”). During the Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations under the Amended Lease with respect to the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for the New Premises. All of such Base Rent shall be payable by Tenant pursuant to the terms of the Amended Lease.
Appears in 2 contracts
Samples: Lease (Adamas Pharmaceuticals Inc), Lease (Adamas Pharmaceuticals Inc)
Monthly Base Rent. Until During the later of (i) Term, the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue to pay monthly installments of Base Rent annual base rent for the Original Leased Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Lease to the contrary, effective as of the New Commencement Date and continuing for the duration of the New Term, Tenant shall pay monthly installments of Base Rent for the New Premises to Landlord in accordance with the following schedule: Months Monthly Installments of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning of the New Term. **Notwithstanding the schedule above, provided Tenant is not in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure period, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Base Rent for the New Premises for the first three (3) months following the New Commencement Date (the “Abatement PeriodLeased Premises Rent”) (shall be $38,763,891.38; provided, however, that during the total amount Term, Lessee may seek to have certain portions of such abated Base Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent is hereafter referred to as the “Abated Amount”). During the Abatement Period, Tenant will still be responsible due and payable for the payment remainder of the Term (together with all other monetary obligations under installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Amended Lease with respect to the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for the New Leased Premises. All Lessor and Lessee shall negotiate in good faith as to whether the requested portion of such Base the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises Rent shall be payable by Tenant pursuant Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”), with the rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the terms pre-payment of all or part of the Amended LeaseLeased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to them. In the event the Commencement Date should fall on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the Term.
Appears in 2 contracts
Samples: Cooperative Endeavor Agreement, Master Hospital Lease Agreement
Monthly Base Rent. Until During the later of (i) Term, the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue to pay monthly installments of Base Rent annual base rent for the Original Leased Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Lease to the contrary, effective as of the New Commencement Date and continuing for the duration of the New Term, Tenant shall pay monthly installments of Base Rent for the New Premises to Landlord in accordance with the following schedule: Months Monthly Installments of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning of the New Term. **Notwithstanding the schedule above, provided Tenant is not in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure period, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Base Rent for the New Premises for the first three (3) months following the New Commencement Date (the “Abatement PeriodLeased Premises Rent”) (shall be $38,763,891.38; provided, however, that during the total amount Term, Lessee may seek to have certain portions of such abated Base Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent is hereafter referred to as the “Abated Amount”). During the Abatement Period, Tenant will still be responsible due and payable for the payment remainder of the Term (together with all other monetary obligations under installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Amended Lease with respect to the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for the New Leased Premises. All Xxxxxx and Xxxxxx shall negotiate in good faith as to whether the requested portion of such Base the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises Rent shall be payable by Tenant pursuant Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”), with the rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Xxxxxx and the State may mutually agree in writing to the terms pre-payment of all or part of the Amended LeaseLeased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to them. In the event the Commencement Date should fall on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the Term.
Appears in 2 contracts
Samples: Master Hospital Lease Agreement, Cooperative Endeavor Agreement
Monthly Base Rent. Until the later of (i) the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue to pay monthly installments of Base Rent for the Original Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Existing Lease to the contrary, effective as in consideration of the New Commencement Additional TI Allowance, commencing on the Amendment Effective Date: (a) the monthly Base Rent shall increase by Four Hundred Ninety-Two Thousand Six Hundred Twenty-Five Dollars ($492,625.00) (the “Additional Base Rent”), provided that the Additional Base Rent shall be phased in during the sixteen (16) month period following the Amendment Effective Date and continuing for as set forth below (such sixteen month period, the duration “Additional Base Rent Adjustment Period”); (b) in lieu of the New TermBase Rent adjustments set forth in Section 6.5 of the Existing Lease, Tenant the Additional Base Rent shall pay monthly installments be subject to an annual upward adjustment of two and three-quarters percent (2.75%) of the then-current Additional Base Rent, with the first such adjustment to become effective commencing on the first anniversary of the Amendment Effective Date, and subsequent adjustments to become effective on every successive annual anniversary of the Amendment Effective Date for so long as the Lease continues in effect; and (c) the Base Rent under the Existing Lease shall be adjusted to the same rental rate as the Additional Base Rent for the New Premises to Landlord last five (5) years of the Term in accordance with this Amendment, subject to the following schedule: Months Monthly Installments of adjustments set forth in the Lease, including the Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning adjustments set forth in Section 6.5 of the New TermExisting Lease on each anniversary of the Commencement Date. **Notwithstanding For illustrative purposes, the schedule abovechart below sets forth the incremental increases to Base Rent to account for the Additional Base Rent, provided Tenant is not subject to adjustment pursuant to this Section 7, to be phased in monetary or material non-monetary default under during the Amended Lease beyond any applicable notice Additional Base Rent Adjustment Period, and cure period, Landlord hereby agrees the rent chart attached as Exhibit F to xxxxx Tenant’s obligation to pay this Amendment sets forth the monthly installments of aggregate Base Rent and Property Management Fee for the New Premises for Term of the first three (3) months following Lease, including the New Commencement Date (the “Abatement Period”) (the total amount of such abated adjustments to Base Rent is hereafter referred to as set forth in the “Abated Amount”)Lease. During the Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations under the Amended Lease with respect to the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for the New Premises. All of such Additional Base Rent shall be payable by Tenant pursuant to the terms Adjustment Period: Amount of the Amended Lease.Additional Base Rent: Month 1 $30,789.06 Month 2 $61,578.13 Month 3 $92,367.19 Month 4 $123,156.25 Month 5 $153,945.31 Month 6 $184,734.38 Month 7 $215,523.44 Month 8 $246,312.50 Month 9 $277,101.56 Month 10 $307,890.63 Month 11 $338,679.69 Month 12 $369,468.75 Month 13 $411,264.90 Month 14 $442,900.67 Month 15 $474,536.43 Month 16 $506,172.19
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Monthly Base Rent. Until the later of (i) the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue to pay monthly installments of Base Rent for the Original Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Existing Lease to the contrary, effective as in consideration of the New Commencement Additional TI Allowance, commencing on the Amendment Effective Date: (a) the monthly Base Rent shall increase by Four Hundred Ninety-Two Thousand Six Hundred Twenty-Five Dollars ($492,625.00) (the “Additional Base Rent”), provided that the Additional Base Rent shall be phased in during the sixteen (16) month period following the Amendment Effective Date and continuing for as set forth below (such sixteen month period, the duration “Additional Base Rent Adjustment Period”); (b) in lieu of the New TermBase Rent adjustments set forth in Section 6.5 of the Existing Lease, Tenant the Additional Base Rent shall pay monthly installments be subject to an annual upward adjustment of two and three-quarters percent (2.75%) of the then-current Additional Base Rent, with the first such adjustment to become effective commencing on the first anniversary of the Amendment Effective Date, and subsequent adjustments to become effective on every successive annual anniversary of the Amendment Effective Date for so long as the Lease continues in effect; and (c) the Base Rent under the Existing Lease shall be adjusted to the same rental rate as the Additional Base Rent for the New Premises to Landlord last five (5) years of the Term in accordance with this Amendment, subject to the following schedule: Months Monthly Installments of adjustments set forth in the Lease, including the Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning adjustments set forth in Section 6.5 of the New TermExisting Lease on each anniversary of the Commencement Date. **Notwithstanding For illustrative purposes, the schedule abovechart below sets forth the incremental increases to Base Rent to account for the Additional Base Rent, provided Tenant is not subject to adjustment pursuant to this Section 7, to be phased in monetary or material non-monetary default under during the Amended Lease beyond any applicable notice Additional Base Rent Adjustment Period, and cure period, Landlord hereby agrees the rent chart attached as Exhibit F to xxxxx Tenant’s obligation to pay this Amendment sets forth the monthly installments of aggregate Base Rent and Property Management Fee for the New Premises for Term of the first three (3) months following Lease, including the New Commencement Date (the “Abatement Period”) (the total amount of such abated adjustments to Base Rent is hereafter referred to as set forth in the “Abated Amount”)Lease. During the Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations under the Amended Lease with respect to the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for the New Premises. All of such Additional Base Rent shall be payable by Tenant pursuant to the terms Adjustment Period: Amount of the Amended LeaseAdditional Base Rent: Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Month 13 Month 14 Month 15 Month 16 $30,789.06 $61,578.13 $92,367.19 $123,156.25 $153,945.31 $184,734.38 $215,523.44 $246,312.50 $277,101.56 $307,890.63 $338,679.69 $369,468.75 $411,264.90 $442,900.67 $474,536.43 $506,172.19 8.
Appears in 2 contracts
Samples: Lease Agreement (Goodness Growth Holdings, Inc.), Lease Agreement (Goodness Growth Holdings, Inc.)
Monthly Base Rent. Until During the later first year of the Term, Lessee shall pay to Lessor a monthly base rental of thirteen thousand one hundred and seventy eight dollars (i) $13,178.00). On each anniversary of the New Commencement Date Date, the monthly base rental shall be increased by 3.0%. The monthly base rental due hereunder shall be payable to Lessor by the first day of each month during the Term at the address stated herein or (ii) to such other persons or at such other places as Lessor may designate in writing and shall be paid in lawful money of the date on which Tenant vacates United States of America. All Please Initial: Lessor ¨ Lessee ¨ rent shall be payable to Lessor’s bank account by regular electronic deposit, without prior demand or notice and surrenders the Original Premises (without deduction or Substitution Space, if applicable), Tenant shall continue set off for counterclaim. The Lessee further agrees to pay Lessor, in addition to the rent as provided herein, all privilege, sales, excise, rental and other taxes (except income taxes) imposed now or hereinafter imposed by any governmental authority upon the rentals and all other amounts herein provided to be paid by the Lessee to the Lessor. Said payment shall be in addition to and accompanying each monthly installments rental payment made by Lessee to Lessor. The base rental set forth in this Section 4.1 is a negotiated figure and shall govern whether or not the actual gross rentable square footage of Base the Premises is the same as set forth in Section 12 hereof. Lessee shall have no right to withhold, deduct or offset any amount from the base monthly rental or any other sum due hereunder even if the actual gross rentable square footage of the Premises is less than that set forth in Section 12. Rent for any period during the Original Premises in Term which is for less than one month shall be a pro rata portion of the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per monthmonthly installment. Notwithstanding anything in the Lease The term “rent” as used herein, unless otherwise specified, shall refer collectively to the contrary, effective as of the New Commencement Date monthly base rent and continuing for the duration of the New Term, Tenant shall pay monthly installments of Base Rent for the New Premises any other sums required to Landlord in accordance with the following schedule: Months Monthly Installments of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning of the New Termbe paid by Lessee to Lessor hereunder. **Notwithstanding the schedule above, provided Tenant is not in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure period, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Base Rent for the New Premises for the first three (3) months following the New Commencement Date (the “Abatement Period”) (the total amount of such abated Base Rent is hereafter referred to as the “Abated Amount”). During the Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations under the Amended Lease with respect to the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for the New Premises. All of such Base Rent shall be payable paid without deduction, offset, prior notice or demand, and Lessor’s acceptance of any rent payment that is for less than the entire amount then currently due hereunder shall be only as an acceptance on account and shall not constitute an accord and satisfaction or a waiver by Tenant pursuant to the terms Lessor of the Amended Leasebalance of the rent due or a waiver of any of the remedies available to Lessor by reason of Lessee’s continuing default hereunder.
Appears in 2 contracts
Samples: HTG Molecular Diagnostics, Inc, HTG Molecular Diagnostics, Inc
Monthly Base Rent. Until The parties intend that the later Base Rent payable by Tenant to Landlord hereunder shall be totally net to Landlord, and that Tenant shall pay all costs, expenses and charges arising from the maintenance, use and operation of the Demised Premises during the Term, other than as set forth elsewhere in this Lease. Commencing on the date (ithe “Rent Commencement Date”) that is the New Commencement Date or earlier of: (iia) the date on which Tenant vacates and surrenders commences occupancy of any portion of the Original Demised Premises for its intended business purpose, or (or Substitution Space, if applicable)b) the date that is twenty (20) weeks from the Lease Commencement Date, Tenant shall continue pay, in lawful money of the United States, as minimum annual rent for the Demised Premises, the Base Rent. The Base Rent, which Tenant hereby agrees to pay monthly installments to Landlord at Landlord’s address stated herein or as otherwise provided to Tenant from time to time upon not less than thirty (30) days prior written notice, shall be the sum of Base Rent for the Original Premises in the amount of Eight Thousand Seven Hundred Fifty Twenty-Six and No/100ths No/100 Dollars ($8,750.0026.00) per month. Notwithstanding anything in square foot per annum, plus the Lease amount determined by the computation made pursuant to the contraryprovisions of Section 3.2 hereof, effective as of the New Commencement Date and continuing for the duration of the New Term, Tenant shall pay monthly installments of Base Rent for the New Premises to Landlord in accordance with the following schedule: Months Monthly Installments of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning of the New Term. **Notwithstanding the schedule above, provided Tenant is not in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure period, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Base Rent for the New Premises for the first three (3) months following the New Commencement Date (the “Abatement Period”) (the total amount of such abated Base Rent is hereafter referred to as the “Abated Amount”). During the Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations under the Amended Lease with respect to the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for the New Premises. All of such which Base Rent shall be payable by in equal monthly installments (the “Monthly Base Rent”). The Monthly Base Rent shall be paid on the first day of each calendar month during the Term, without notice, demand, offset, deduction or counter-claim whatsoever except as otherwise expressly set forth in this Lease. If the Rent Commencement Date of this Lease begins on a date other than the first day of a month, then Tenant pursuant to shall pay on the terms Rent Commencement Date the Base Rent for the month in which the Rent Commencement Date occurs calculated on a per diem basis (based on the number of days in the relevant month) of the Amended LeaseBase Rent payable during the First Lease Year. Promptly following the Rent Commencement Date, Landlord and Tenant will execute a Declaration, substantially in the form set forth in Exhibit B attached hereto and incorporated herein, to confirm the Lease Commencement Date, the Rent Commencement Date, the Lease Expiration Date and other matters therein contained. Failure to execute said Declaration shall not affect the commencement or expiration of the Term.
Appears in 1 contract
Samples: Office Lease (Cvent Inc)
Monthly Base Rent. Until Tenant shall pay Monthly Base Rent for the later Premises for each month of (i) the New Commencement Date or (ii) Extended Term as follows: EXTENDED TERM MONTHLY BASE RENT 02/01/2018 – 01/31/2019 $65,573.00 02/01/2019 – 01/31/2020 $67,540.00 02/01/2020 – 01/31/2021 $69,566.00 02/01/2021 – 01/31/2022 $71,653.00 02/01/2022 – 01/31/2023 $73,803.00 02/01/2023 – 01/31/2024 $76,017.00 02/01/2024 – 01/31/2025 $78,298.00 02/01/2025 – 05/31/2025 $80,647.00 The Amended Lease is a triple net lease, and Tenant is obligated to pay Monthly Base Rent in full, as and when due pursuant to the date on which Tenant vacates Amended Lease, in addition to, and surrenders not in lieu of, Tenant’s obligations under the Original Premises (or Substitution SpaceAmended Lease to pay Operating Expenses, if applicable)Real Property Taxes, utilities, janitorial services, additional rents, costs and other amounts pursuant to the Amended Lease, all in accordance with the terms of the Amended Lease. Without limiting the foregoing, Tenant shall continue to pay monthly installments of Base Rent be responsible for the Original Premises in the amount of Eight Thousand Seven Hundred Fifty all utilities and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Lease janitorial services with respect to the contrary, effective as of Premises. Provided the New Commencement Date and continuing for the duration of the New Term, Tenant shall pay monthly installments of Base Rent for the New Premises to Landlord in accordance with the following schedule: Months Monthly Installments of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning of the New Term. **Notwithstanding the schedule above, provided Tenant Amended Lease is not terminated due to Tenant being in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure periodperiods, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Monthly Base Rent due for the New Premises for the first three (3) months following the New Commencement Date of March 2018, February 2019, February 2020, and February 2021 (the “Abatement PeriodMonth(s)”) (the total amount of such abated Monthly Base Rent is hereafter being hereinafter collectively referred to as the “Abated Amount”). During the Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations due under the Amended Lease with respect to the New Premises during such Abatement Months including, without limitation, Tenant’s Percentage Share of Operating Expenses and Real Property Taxes. Tenant acknowledges that any operating expensesmaterial default by Tenant under the Amended Lease will cause Landlord to incur costs not contemplated hereunder, direct taxes, and parking charges for the New Premises. All exact amount of such Base Rent costs being extremely difficult and impracticable to ascertain. Therefore, should Landlord at any time during the Extended Term terminate the Amended Lease as a result of a material default by Tenant, then, in addition to all of Landlord’s other rights and remedies (including, without limitation, the right to recover damages), to the extent permissible under applicable law the total unamortized sum of such Abated Amount (amortized on a straight line basis over the Extended Term) so conditionally excused shall be become immediately due and payable by Tenant pursuant to Landlord. Nothing herein is intended to limit any other rights or remedies available to Landlord under the terms of Amended Lease or at law or in equity (including, without limitation, the remedies under California Civil Code Section 1951.2 and/or 1951.4 and any successor statutes or similar laws) in the event Tenant materially defaults under the Amended Lease.
Appears in 1 contract
Samples: REVA Medical, Inc.
Monthly Base Rent. Until Throughout the later of (i) Term, as the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue same may be extended pursuant to pay monthly installments of Base Rent for the Original Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Lease to the contrary, effective as of the New Commencement Date and continuing for the duration of the New TermArticle 32 hereof, Tenant shall pay monthly installments Monthly Base Rent to Landlord in the amount and for the time periods described as follows: Period Annual Base Rent Monthly Base Rent Months 1 to 2 [***] [***] Months 3 to 12 [***] [***] Months 13 to 24 [***] [***] Months 25 to 36 [***] [***] Months 37 to 48 [***] [***] Months 48 to 60 [***] [***] Months 61 to December 31, 2016 [***] [***] Monthly Base Rent shall be paid in advance on or before the first day of each calendar month of the Term, and shall be accompanied by any applicable rent, sales, use or other tax which is based on the amount and/or payment of Rent payable pursuant to this Lease. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, then Monthly Base Rent for such calendar month will be appropriately prorated based on the New Premises to Landlord actual number of calendar days in accordance with such calendar month. If the following schedule: Months Term commences on a day other than the first day of a calendar month, then the prorated Monthly Installments of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning of the New Term. **Notwithstanding the schedule above, provided Tenant is not in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure period, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Base Rent for the New Premises for such month will be paid on or before the first three (3) months following day of the New Commencement Date (the “Abatement Period”) (the total amount of such abated Term. Monthly Base Rent is hereafter referred shall be paid to as the “Abated Amount”). During the Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations under the Amended Lease with respect to the New Premises includingLandlord, without limitationwritten notice or demand and without deduction or offset, any operating expensesas an independent covenant of Tenant, direct taxes, and parking charges for in lawful money of the New PremisesUnited States of America at Landlord’s address set forth in Article 1.1 herein or to such other address as Landlord may from time to time designate in writing. All of such Base Rent shall be payable by Tenant to Landlord at the office of Landlord or at such other place as Landlord may designate from time to time, in lawful money of the United States of America, without offset, abatement, counterclaim or deduction, except as specifically set forth herein. All Rent shall be paid by either good and sufficient check or a wire transfer of immediately available funds to Landlord’s account, which account information will be given to Tenant prior to any requirement for a wire transfer. At Landlord’s further option, all Rent shall be paid directly to Landlord by electronic transfer of funds using the Automated Clearing House System. If Tenant fails to pay any Rent within three (3) days of when due, the unpaid amounts will be subject to a late payment charge equal to the greater of (i) [***] or (ii) [***]. This late payment charge is intended to compensate Landlord for its additional administrative costs resulting from Tenant’s failure, and has been agreed upon by Landlord and Tenant as a reasonable estimate of the additional administrative costs that will be incurred by Landlord as a result of Tenant’s failure. The actual cost in each instance is extremely difficult, if not impossible, to determine. This late payment charge will be paid to Landlord together with such unpaid amounts and interest pursuant to Article 31.32, below. The payment of this late payment charge will not constitute a waiver by [***] Denotes confidential information omitted and filed separately with the terms Securities and Exchange Commission pursuant to a request for confidential treatment. Landlord of the Amended any Event of Default by Tenant under this Lease. Any payments of any kind returned for insufficient funds will be subject to an additional charge of Sixty Dollars ($60.00).
Appears in 1 contract
Samples: Office Lease (Dendreon Corp)
Monthly Base Rent. Until the later of (i) the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue to pay monthly installments of Base Rent for the Original Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Lease to the contrary, effective Commencing as of the New Commencement Date and continuing for throughout the duration Term of the New TermLease, Tenant shall pay monthly installments of to Landlord the Monthly Base Rent set forth in the Basic Lease Information, without prior notice or demand, on the first day of each and every calendar month occurring during the Term. Notwithstanding the foregoing, in no event shall Tenant have an obligation to pay Monthly Base Rent or Additional Rent prior to the first day of the tenth (10th) month following the Lease Date. Tenant shall pay Monthly Base Rent and Landlord’s estimate of Additional Rent for one (1) month upon execution of this Lease, with such amounts to be credited to the New first full calendar month of the Term following the Commencement Date. If the Commencement Date occurs on any day other than the first of the calendar month, Monthly Base Rent and Additional Rent for such partial month shall be prorated based on the actual number of days in such month and shall be paid on the Commencement Date, and the advance rental paid at execution shall be credited to following calendar month. Concurrently with the Premises to Delivery Date defined below, Landlord shall provide Tenant with the final square footage of the Premises, as certified by Landlord’s architect. The Base Rent and all other sums under this Lease which are calculated by the square footage of the Premises shall be adjusted accordingly. Such square footage of the Premises shall be as determined in accordance with BOMA 2010 Standards (Office Buildings: Standard Materials and Measurements (ANSI/BOMA 265.1-2010)) approved by American National Standards Institute, Inc. (“BOMA Standards”) and in accordance with the following schedule: Months Monthly Installments definition of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning “Rentable Area” contained in said standards. The square footage of the New TermPremises shall be determined by Landlord’s architect upon substantial completion of the Landlord’s Work and Landlord shall provide Tenant with the architect’s determination. **Notwithstanding Tenant shall notify Landlord if it agrees or disagrees with the schedule above, determination of the square footage so provided by Landlord within fifteen (15) days after receipt of such information. If Tenant is not in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure notifies Landlord of its disagreement within said fifteen (15) day period, the parties shall, within ten (10) days thereafter, select a certified architect that has not performed services for Landlord hereby agrees to xxxxx Tenant’s obligation to pay or Tenant within the monthly installments of Base Rent for past two (2) years who shall conclusively determine the New Premises for the first three (3) months following the New Commencement Date (the “Abatement Period”) (the total amount of such abated Base Rent is hereafter referred to as the “Abated Amount”). During the Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations under the Amended Lease with respect to the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for the New Premises. All of such Base Rent shall be payable by Tenant pursuant to the terms square footage of the Amended LeasePremises.
Appears in 1 contract
Samples: Lease Agreement (eHealth, Inc.)
Monthly Base Rent. Until the later of (i) the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue to pay monthly installments of Base Rent for the Original Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Lease to the contrary, effective Commencing as of the New Commencement Date and continuing for throughout the duration Term of the New TermLease, Tenant shall pay monthly installments of to Landlord the Monthly Base Rent set forth in the Basic Lease Information, without prior notice or demand, on the first day of each and every calendar month occurring during the Term. Notwithstanding the foregoing, in no event shall Tenant have an obligation to pay Monthly Base Rent or Additional Rent prior to the first day of the tenth (10th) month following the Lease Date. Tenant shall pay Monthly Base Rent and Landlord's estimate of Additional Rent for one (1) month upon execution of this Lease, with such amounts to be credited to the New first full calendar month of the Term following the Commencement Date. If the Commencement Date occurs on any day other than the first of the calendar month, Monthly Base Rent and Additional Rent for such partial month shall be prorated based on the actual number of days in such month and shall be paid on the Commencement Date, and the advance rental paid at execution shall be credited to following calendar month. Concurrently with the Premises to Delivery Date defined below. Landlord shall provide Tenant with the final square footage of the Premises, as certified by Landlord's architect. The Base Rent and all other sums under this Lease which are calculated by the square footage of the Premises shall be adjusted accordingly. Such square footage of the Premises shall be as determined in accordance with BOMA 2010 Standards (Office Buildings; Standard Materials and Measurements (ANSI/BOMA 265.1-2010)) approved by American National Standards Institute, Inc. ("BOMA Standards") and in accordance with the following schedule: Months Monthly Installments definition of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning "Rentable Area" contained in said standards. The square footage of the New Term. **Notwithstanding the schedule above, provided Tenant is not in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure period, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Base Rent for the New Premises for the first three (3) months following the New Commencement Date (the “Abatement Period”) (the total amount of such abated Base Rent is hereafter referred to as the “Abated Amount”). During the Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations under the Amended Lease with respect to the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for the New Premises. All of such Base Rent shall be payable determined by Tenant pursuant to the terms Landlord's architect upon substantial completion of the Amended Lease.Landlord's Work and Landlord shall provide Tenant with the architect's determination. Tenant shall notify Landlord if it agrees or disagrees with the determination of the square footage so provided by Landlord within fifteen (15) days after 3 XXX,n225501828.8
Appears in 1 contract
Samples: Sublease (eHealth, Inc.)
Monthly Base Rent. Until Throughout the later of (i) Term, as the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue same may be extended pursuant to pay monthly installments of Base Rent for the Original Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Lease to the contrary, effective as of the New Commencement Date and continuing for the duration of the New TermArticle 32 hereof, Tenant shall pay monthly installments Monthly Base Rent to Landlord in the amount and for the time periods described as follows and in Article 32: Period Annual Base Rent Monthly Base Rent Months 1 — 24 $ 458,451.00 $ 38,204.25 Months 25 — 29 Months $ -0- $ -0- 30 — Expiration Date $ 458,451.00 $ 38,204.25 Monthly Base Rent shall be paid in advance on or before the first day of each calendar month of the Term, and shall be accompanied by any applicable rent, sales, use or other tax which is based on the amount and/or payment of Rent payable pursuant to this Lease. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, then Monthly Base Rent for such calendar month will be appropriately prorated based on the New Premises to Landlord actual number of calendar days in accordance with such calendar month. If the following schedule: Months Term commences on a day other than the first day of a calendar month, then the prorated Monthly Installments of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning of the New Term. **Notwithstanding the schedule above, provided Tenant is not in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure period, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Base Rent for the New Premises for such month will be paid on or before the first three (3) months following day of the New Commencement Date (the “Abatement Period”) (the total amount of such abated Term. Monthly Base Rent is hereafter referred shall be paid to as the “Abated Amount”). During the Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations under the Amended Lease with respect to the New Premises includingLandlord, without limitationwritten notice or demand and without deduction or offset, any operating expensesas an independent covenant of Tenant, direct taxes, and parking charges for in lawful money of the New PremisesUnited States of America at Landlord’s address set forth in Article 1.1 herein or to such other address as Landlord may from time to time designate in writing. All of such Base Rent shall be payable by Tenant to Landlord at the office of Landlord or at such other place as Landlord may designate from time to time, in lawful money of the United States of America, without offset, abatement, counterclaim or deduction, except as specifically set forth herein. All Rent shall be paid by either good and sufficient check or a wire transfer of immediately available funds to Landlord’s account, which account information will be given to Tenant promptly upon Tenant’s request. If Tenant fails to pay any Rent more than three (3) business days after such Rent is due, the unpaid amounts will be subject to a late payment charge equal to greater of (i) five percent (5%) of the unpaid amounts or (ii) Two Hundred Fifty Dollars ($250.00). This late payment charge is intended to compensate Landlord for its additional administrative costs resulting from Tenant’s failure, and has been agreed upon by Landlord and Tenant as a reasonable estimate of the additional administrative costs that will be incurred by Landlord as a result of Tenant’s failure. The actual cost in each instance is extremely difficult, if not impossible, to determine. This late payment charge will be paid to Landlord together with such unpaid amounts and interest pursuant to the terms Article 33.32, below. The payment of the Amended this late payment charge will not constitute a waiver by Landlord of any Event of Default by Tenant under this Lease. Any payments of any kind returned for insufficient funds will be subject to an additional charge of $60.00.
Appears in 1 contract
Samples: Office Lease (Acucela Inc)
Monthly Base Rent. Until the later of (i) the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue to pay monthly installments of Base Rent for the Original Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Existing Lease to the contrary, effective as in consideration of the New Commencement Date and continuing for Additional TI Allowance, commencing on the duration of Amendment Effective Date: (a) the New Term, Tenant shall pay monthly installments of Base Rent for the New Premises to Landlord in accordance with the following schedule: Months Monthly Installments of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning of the New Term. **Notwithstanding the schedule above, provided Tenant is not in monetary or material nonshall increase by Four Hundred Ninety-monetary default under the Amended Lease beyond any applicable notice and cure period, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Base Rent for the New Premises for the first three Two Thousand Six Hundred Twenty-Five Dollars (3$492,625.00) months following the New Commencement Date (the “Abatement Period”) (the total amount of such abated Additional Base Rent is hereafter referred to as the “Abated AmountRent”). During , provided that the Abatement Period, Tenant will still be responsible for the payment of all other monetary obligations under the Amended Lease with respect to the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for the New Premises. All of such Additional Base Rent shall be payable by Tenant phased in during the sixteen (16) month period following the Amendment Effective Date as set forth below (such sixteen month period, the “Additional Base Rent Adjustment Period”); (b) in lieu of the Base Rent adjustments set forth in Section 6.5 of the Existing Lease, the Additional Base Rent shall be subject to an annual upward adjustment of two and three-quarters percent (2.75%) of the then-current Additional Base Rent, with the first such adjustment to become effective commencing on the first anniversary of the Amendment Effective Date, and subsequent adjustments to become effective on every successive annual anniversary of the Amendment Effective Date for so long as the Lease continues in effect; and (c) the Base Rent under the Existing Lease shall be adjusted for the last five (5) years of the Term in accordance with this Amendment, subject to the adjustments set forth in the Lease, including the Base Rent adjustments set forth in Section 6.5 of the Existing Lease on each anniversary of the Commencement Date. For illustrative purposes, the chart below sets forth the incremental increases to Base Rent to account for the Additional Base Rent, subject to adjustment pursuant to this Section 7, to be phased in during the terms Additional Base Rent Adjustment Period, and the rent chart attached as Exhibit F to this Amendment sets forth the monthly aggregate Base Rent and Property Management Fee for the Term of the Amended Lease, including the adjustments to Base Rent as set forth in the Lease.
Appears in 1 contract
Samples: Purchase and Sale Agreement and Joint Escrow Instructions
Monthly Base Rent. Until During the later of (i) Term, the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue to pay monthly installments of Base Rent annual base rent for the Original Leased Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Lease to the contrary, effective as of the New Commencement Date and continuing for the duration of the New Term, Tenant shall pay monthly installments of Base Rent for the New Premises to Landlord in accordance with the following schedule: Months Monthly Installments of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning of the New Term. **Notwithstanding the schedule above, provided Tenant is not in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure period, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Base Rent for the New Premises for the first three (3) months following the New Commencement Date (the “Abatement PeriodLeased Premises Rent”) (shall be $38,763,891.38; provided, however, that during the total amount Term, Lessee may seek to have certain portions of such abated Base Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent is hereafter referred to as the “Abated Amount”). During the Abatement Period, Tenant will still be responsible due and payable for the payment remainder of the Term (together with all other monetary obligations under installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Amended Lease with respect to the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for the New Leased Premises. All Lessor and Lessee shall negotiate in good faith as to whether the requested portion of such Base the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises Rent shall be payable by Tenant pursuant Lessee to LSU in twelve (12) equal monthly installments (the terms “Leased Premises Monthly Rent”), with the rent for the first two months of the Amended LeaseInitial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. In the event the Commencement Date should fall on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the Term.
Appears in 1 contract
Samples: Master Hospital Lease Agreement