Common use of of the Basic Lease Provisions Clause in Contracts

of the Basic Lease Provisions. If Tenant elects to become the Insuring Party as to only a portion of the insurance described in Paragraph 8.1, then the Minimum Rent for each month during which Tenant is the Insuring Party for such insurance shall be reduced by the portion of one-twelfth of the Annual Insurance Base Amount which is attributable to the insurance originally carried by Landlord (at the rate included in the Annual Insurance Base Amount) so carried by Tenant, and the Annual Insurance Base Amount shall be reduced accordingly. Tenant covenants and agrees to pay to Landlord, as additional rent hereunder, the amount by which the annual premiums and related fees for the insurance specified in Paragraph 8.1 which is carried by Landlord exceeds the Annual Insurance Base Amount specified in Item 1.9 of the Basic Lease Provisions. Such amount shall be paid by Tenant to Landlord within ten (10) days after receipt by Tenant of Landlord's statement of the cost thereof. If at any time during the Lease Term during which Landlord is the Insuring Party, the annual premiums and related fees for the insurance carried by Landlord pursuant to Paragraph 8.1, above, exceeds the "Insurance Cap Amount" (as defined herein), Tenant shall not be required to pay any portion of such premiums and related fees exceeding the Insurance Cap Amount. For the purposes of this Lease, the Insurance Cap Amount for any Policy Year shall be an amount equal to two and one-half (2-1/2) times the Annual Insurance Base Amount, as adjusted by any increases in the "CPI" (as defined in Lease Rider No. 1) from the date of this Lease to the date of the Policy Year in question. In the Policy Year in which the Lease Term shall commence and in the Policy Year in which it shall terminate, such insurance premiums and the Annual Insurance Base Amount shall be prorated on a daily basis (using a 365-day year), and Tenant's payment obligations shall be computed accordingly. With respect to any insurance for which Tenant is the Insuring Party, Tenant shall pay the premiums for such insurance directly to the insurance carrier at Tenant's sole cost and expense.

Appears in 1 contract

Samples: Lease Agreement (Leiner Health Products Inc)

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of the Basic Lease Provisions. If If, in any calendar year during the term of this Lease commencing with the calendar year immediately after the Base Year (each such year a "Comparison Year"), (i) the "Tax Costs" (as hereinafter defined) paid or incurred by Landlord shall be higher than the Tax Costs for the Base Year, (ii) the "Operating Costs" (as hereinafter defined) paid or incurred by Landlord shall be higher than the Operating Costs for the Base Year, or (iii) the "Insurance Costs" (as hereinafter defined) paid or incurred by Landlord shall be higher than the Insurance Costs for the Base Year, Tenant elects to become the Insuring Party shall pay Landlord as to only a portion Additional Rent Tenant's Proportionate Share (as provided in Article 1.5 of the insurance described Basic Lease Provisions) of such increase in Paragraph 8.1, then the Minimum Rent for each month during which Tenant is the Insuring Party for such insurance shall be reduced by the portion of one-twelfth of the Annual Insurance Base Amount which is attributable to the insurance originally carried by Landlord (at the rate included in the Annual Insurance Base Amount) so carried by Tenant, and the Annual Insurance Base Amount shall be reduced accordingly. Tenant covenants and agrees to pay to Landlord, as additional rent hereunder, the amount by which the annual premiums respective Tax Costs, Operating Costs and related fees Insurance Costs, paid or incurred by Landlord in such Comparison Year exceed the respective Tax Costs, Operating Costs and Insurance Costs incurred or paid by Landlord for the insurance specified in Paragraph 8.1 which is carried by Landlord exceeds the Annual Insurance Base Amount specified in Item 1.9 of the Basic Lease Provisions. Such amount shall be paid by Tenant to Landlord within ten (10) days after receipt by Tenant of Landlord's statement of the cost thereof. If at any time during the Lease Term during which Landlord is the Insuring Party, the annual premiums and related fees for the insurance carried by Landlord pursuant to Paragraph 8.1, above, exceeds the "Insurance Cap Amount" (as defined herein), Tenant shall not be required to pay any portion of such premiums and related fees exceeding the Insurance Cap Amount. For the purposes of this Lease, the Insurance Cap Amount for any Policy Year shall be an amount equal to two and one-half (2-1/2) times the Annual Insurance Base Amount, as adjusted by any increases in the "CPI" (as defined in Lease Rider No. 1) from the date of this Lease to the date of the Policy Year in questionYear. In the Policy Year event either the Premises and/or the Project is expanded or reduced, then Tenant's Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's Proportionate Share for such year shall be determined on the basis of the number of days during that particular calendar year that each such Tenant's Proportionate Share was in effect. In the event this Lease Term shall commence terminate on any date other than the last day of a calendar year, Tenant's Proportionate Share of Tax Costs, Operating Costs and in the Policy Year Insurance Costs for such calendar year in which it shall terminate, such insurance premiums and the Annual Insurance Base Amount this Lease terminates shall be prorated on a daily the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty (using a 365-day year360). Any and all amounts due and payable by Tenant pursuant to Articles 3.2, 3.3 and Tenant's payment obligations 3.4 hereof shall be computed accordingly. With respect deemed "Additional Rent" and Landlord shall be entitled to any insurance for which Tenant is exercise the Insuring Party, Tenant shall pay the premiums for such insurance directly to the insurance carrier at Tenant's sole cost same rights and expenseremedies upon default in these payments.

Appears in 1 contract

Samples: Standard Office Lease (Pilot Network Services Inc)

of the Basic Lease Provisions. Minimum Rent shall be payable in advance on the first day of each calendar month of the Lease Term. If the Lease Term shall commence upon a day other than the first day of a calendar month, then Tenant elects to become shall pay, upon the Insuring Party as to only Commencement Date, a prorata portion of the insurance described in Paragraph 8.1, then the Minimum Rent for each month during which Tenant is the Insuring Party for such insurance shall be reduced by first fractional calendar month. Upon the portion execution of one-twelfth of the Annual Insurance Base Amount which is attributable to the insurance originally carried by Landlord (at the rate included in the Annual Insurance Base Amount) so carried this Lease by Tenant, and Tenant shall pay to Landlord Minimum Rent for the Annual Insurance Base Amount first month of the Lease Term for which Minimum Rent is payable. During first five (5) months of the Lease Term, Minimum Rent shall be reduced accordinglyabated. Landlord and Tenant covenants acknowledge that the rent abatement for the first five (5) months of the Lease Term pursuant to this Paragraph 4.1 has been granted to Tenant as additional consideration for entering into this Lease, and agrees for agreeing to pay the Minimum Rent and performing the terms and conditions otherwise required under this Lease. Accordingly, if Tenant shall default under this Lease and fail to cure such default within the time permitted for cure pursuant to this Lease, if any, Tenant shall become obligated to pay to Landlord, as additional rent hereunder, the amount by which the annual premiums and related fees for the insurance specified in Paragraph 8.1 which is carried by Landlord exceeds the Annual Insurance Base Amount specified in Item 1.9 of the Basic Lease Provisions. Such amount shall be paid by Tenant to Landlord within ten (10) days after receipt by Tenant of Landlord's statement of the cost thereof. If at any time all Minimum Rent otherwise abated hereunder during the Lease Term during which Landlord is the Insuring Partyrent abatement period; provided, the annual premiums and related fees however, for the insurance carried by Landlord pursuant to Paragraph 8.1, above, exceeds the "Insurance Cap Amount" (as defined herein), Tenant shall not be required to pay any portion of such premiums and related fees exceeding the Insurance Cap Amount. For the purposes of this Lease, the Insurance Cap Amount for any Policy Year shall be an amount equal to two and one-half (2-1/2) times the Annual Insurance Base Amount, as adjusted by any increases in the "CPI" (as defined in Lease Rider No. 1) each month from the date of this Lease Commencement Date to the date of the Policy Year in question. In uncured default, the Policy Year in which amount of Minimum Rent payable to Landlord pursuant to this Paragraph 4.1 shall be reduced by an amount equal to the total amount of the Minimum Rent abated as of the date of such default divided by one hundred twenty (120); and if at the expiration of the one hundred twentieth (120th) month of the Lease Term shall commence and in the Policy Year in which it shall terminate, such insurance premiums and the Annual Insurance Base Amount shall be prorated on a daily basis (using a 365-day year), and Tenant's payment obligations shall be computed accordingly. With respect to any insurance for which Tenant is the Insuring Partyno uncured default has occurred, Tenant shall have no obligation to pay Landlord the premiums for such insurance directly to Minimum Rent abated in accordance with the insurance carrier at Tenant's sole cost and expenseprovisions of this Paragraph 4.

Appears in 1 contract

Samples: Sublease (Leiner Health Products Inc)

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of the Basic Lease Provisions. If Tenant elects to become the Insuring Party Commencement Date is not the first day of a month, the partial month commencing as to only a portion of the insurance described Commencement Date will be prorated based on the actual number of days in Paragraph 8.1that month and will be due and payable upon the Commencement Date. The Initial Lease Term is for a minimum of ten years; however, then the Minimum State may consider a longer lease term if economic benefits are deemed to be in its best interest. The State proposes a fixed rental rate for a Gross Lease, including all expenses (taxes, insurance, janitorial services, maintenance, etc.). The State may elect to pay for utilities separately, and a cost per square foot will be included to reduce the rental rate if this occurs. Rent payments for nonpayment shall entitle Lessor to all rights and remedies. The annual base rent, plus any adjustments, is due in advance on the first day of each month during which the lease term, with Lessee agreeing to pay without demand. If the lease starts or ends on a non-monthly date, prorated payments will be made in advance. A late payment charge of 10% applies if installment payments are not received within five days after the due date, excluding advances by Lessor that bear interest at the lesser of 15% per annum or the maximum permitted rate. The term "Expansion Space" refers to any space occupied by someone other than Landlord under a written lease, with Tenant is having the Insuring Party option to lease such space upon notification from Landlord, subject to prior rights of other tenants. Lease amendments will take effect upon Xxxxxx's Expansion Space being included as part of the Premises for such insurance shall the remainder of the Lease Term, with some adjustments. The rentable area and tenant's share will be reduced increased accordingly. The start date for Tenant's Expansion Space will be either 60 days after its readiness or the date it's first occupied by the portion of one-twelfth of tenant. If the Annual Insurance Base Amount which is attributable to space has a large enough area and there are few years left on the insurance originally carried by Landlord (at the rate included in the Annual Insurance Base Amount) so carried by Tenant, and the Annual Insurance Base Amount shall be reduced accordingly. Tenant covenants and agrees to pay to Landlord, as additional rent hereunderlease, the amount by which the annual premiums and related fees for the insurance specified in Paragraph 8.1 which is carried by Landlord exceeds the Annual Insurance Base Amount specified in Item 1.9 of the Basic Lease Provisionslease term may be extended. Such amount shall be paid by Tenant to Landlord within ten (10) days after receipt by Tenant of Landlord's statement of the cost thereof. If at any time during the Lease Term during which Landlord is the Insuring Party, the annual premiums and related fees for the insurance carried by Landlord pursuant to Paragraph 8.1, above, exceeds the "Insurance Cap Amount" (as defined herein), Tenant shall not be required to pay any portion of such premiums and related fees exceeding the Insurance Cap Amount. For the purposes of this Lease, the Insurance Cap Amount for any Policy Year shall be an amount equal to two and one-half (2-1/2) times the Annual Insurance Base Amount, as adjusted by any increases in the "CPI" (as defined in Lease Rider No. 1) from the date of this Lease to the date of the Policy Year in question. In the Policy Year in which the Lease Term shall commence and in the Policy Year in which it shall terminate, such insurance premiums and the Annual Insurance Base Amount shall be prorated on a daily basis (using a 365-day year), and Tenant's payment obligations shall be computed accordingly. With respect to any insurance for which Tenant is the Insuring Party, Tenant shall pay the premiums for such insurance directly monthly rent and additional rent as specified in paragraph 7 to Landlord, in advance, without deduction, offset, prior notice or demand, using immediately available funds of lawful money of the United States of America or a good check drawn on a California financial institution or a federal reserve system member. The first full calendar month's rent after commencement of Tenant's obligation shall be applied to the insurance carrier at Tenant's sole cost monthly rent first due. 1. Parties of the Lease - Name, Address, and expenseDate of Creation 2. Full Description of the RV - Make, Model, Year, VIN 3.

Appears in 1 contract

Samples: Long Term Rv Space Rental Agreement

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