Common use of Payment of Additional Rent Clause in Contracts

Payment of Additional Rent. Commencing as of the Date of Rent Commencement, all taxes, costs, expenses, and other amounts which Tenant is required to pay pursuant to this Lease (other than Base Rent), including, but not limited to insurance required pursuant to Section 31 of this Lease together with every fine, penalty, interest and cost which may be added for non-payment or late payment thereof, shall constitute additional obligations hereunder (“Additional Rent”). All Additional Rent shall be paid directly by Tenant to the party to whom such Additional Rent is due. If Tenant shall fail to pay any such Additional Rent or any other sum due hereunder when the same shall become due (and if no due date is specified, then such amounts shall be payable within ten (10) business days following written notice of demand therefor), Landlord shall have all rights, powers and remedies with respect thereto as are provided herein or by Law in the case of non-payment of any Base Rent and shall, except as expressly provided herein, have the right, not sooner than ten (10) days after notice to Tenant (except in the event of an emergency, as reasonably determined by Landlord, in which case prior notice shall not be necessary) of its intent to do so, to pay the same on behalf of Tenant, and Tenant shall repay such amounts to Landlord on demand. Tenant shall pay to Landlord interest at the Lease Default Rate on all overdue Additional Rent and other sums due hereunder, in each case paid by Landlord or Lender on behalf of Tenant, from the date of payment by Landlord or Lender until repaid by Tenant.

Payment of Additional Rent. Commencing as Sublessee shall make all payments of the Date of Additional Rent Commencement, all taxes, costs, expenses, and other amounts which Tenant is required to pay be made pursuant to this Lease (other than Base Rent), including, but not limited to insurance required pursuant to Section 31 of this Lease together with every fine, penalty, interest and cost which may be added for non-payment or late payment thereof, shall constitute additional obligations hereunder (“Additional Rent”). All Additional Rent shall be paid directly by Tenant to the party to whom such Additional Rent is due. If Tenant shall fail to pay any such Additional Rent or any other sum due hereunder when the same shall become due (and if no due date is specified, then such amounts shall be payable Sublease within ten (10) business days following written notice after Sublessor furnishes Sublessee with a statement of demand therefor), Landlord the amount payable by Sublessee to Sublessor. Sublessee shall have all rightsthe right to reasonably request from Sublessor copies of any applicable Landlord's statement received by Sublessor, powers and remedies with Sublessor shall furnish same upon request, but same shall not affect Sublessee's obligations to make the required payments hereunder. In the event that any items payable by Sublessor under the Lease, in respect thereto as of which Sublessor shall have received payments from Sublessee hereunder, are provided herein subject to adjustment by Landlord at the end of a year or by Law other period pursuant to the terms thereof, then (a) if there has been a corresponding underpayment in the case of non-payment of any Base Rent and shallpayments made by Sublessee, except as expressly provided hereinSublessee shall pay to Sublessor, have the right, not sooner no later than ten (10) days after notice Sublessor furnishes to Tenant (except in Sublessee a copy of the event of an emergency, as reasonably determined statement received by Sublessor from Landlord, an amount equal to such underpayment; or (b) if there has been an overpayment in which case prior notice such payments made by Sublessee, Sublessor shall not be necessary) credit against the next payment of its intent to do so, to pay the same on behalf of Tenant, and Tenant shall repay such amounts to Landlord on demand. Tenant shall pay to Landlord interest at the Lease Default Rate on all overdue Additional Rent and other sums coming due hereunder an amount equal to such overpayment, except that if no further payments of Additional Rent shall be due hereunder, then Sublessor shall refund such amount to Sublessee within ten (10) days. The obligation to pay any amount payable by Sublessee, or to Sublessee as provided for in each the immediately preceding sentence, shall survive the end of the term of this Sublease and shall be payable by or to Sublessee, as the case paid by Landlord may be, in the same manner as if the Term of this Sublease had not expired or Lender on behalf of Tenant, from the date of payment by Landlord or Lender until repaid by Tenantterminated.

Payment of Additional Rent. Commencing as At Landlord’s option, LANDLORD may provide TENANT a statement of estimated charges payable by TENANT under Section 2.03 for the Date of Rent CommencementLease Year in question, all taxes, costs, expenses, and other amounts which Tenant is required to pay pursuant to this Lease (other than Base Rent), including, but not limited to insurance required pursuant to Section 31 of this Lease together with every fine, penalty, interest and cost which may be added for non-payment or late payment thereof, shall constitute additional obligations hereunder (“Additional Rent”). All Additional Rent shall be paid directly by Tenant to the party to whom such Additional Rent is due. If Tenant shall fail to pay any such Additional Rent or any other sum due hereunder when the same shall become due (and if no due date is specified, then such amounts estimated charges shall be payable within ten (10) business in equal monthly installments in advance, subject to adjustment in accordance with the term of this subparagraph. As an alternative, as these costs may be incurred, Landlord may present the costs directly to Tenant for payment or reimbursement. All payments must be made by Tenant with the next monthly installment of rent so long as Tenant has received at least 20 days following written notice of demand therefor)the request. Whenever the correct amount of an item shown on any such statement shall be known, Landlord appropriate adjustment shall be made by LANDLORD’s increasing or decreasing TENANT’S subsequent payments, by giving TENANT a credit against subsequent rent, or a refund; if during any Lease Year or part thereof LANDLORD shall not have delivered to TENANT the statement mentioned herein, TENANT shall continue to pay the LANDLORD the sum as payable for the immediate preceding Lease Year until the statement of the then current Lease Year shall have all rightsbeen delivered at which time the monthly payments by TENANT shall be adjusted. LANDLORD will maintain, powers or cause to be maintained, complete and remedies with respect thereto accurate records of accounts in such manner and detail so as are provided herein to provide a proper basis for analysis of the statements to be furnished by LANDLORD. TENANT or by Law in the case of non-payment of any Base Rent and shall, except as expressly provided herein, its authorized representatives shall have the right, not sooner than ten right to examine said accounts and records during regular business hours for the purpose of verifying the information set forth and any such statement provided that written request for such inspection is made by TENANT within one hundred eighty (10180) days after notice to Tenant (except in receipt of such statement. The Additional Rent for the event first year of an emergency, as reasonably determined by Landlord, in which case prior notice shall not be necessary) the initial term of its intent to do so, to pay the same on behalf of Tenant, and Tenant shall repay such amounts to Landlord on demand. Tenant shall pay to Landlord interest at the Lease Default Rate on all overdue Additional Rent and other sums due hereunder, in each case paid by Landlord or Lender on behalf of Tenant, from the date of payment by Landlord or Lender until repaid by Tenantshall be FOUR AND 40/00 DOLLARS ($4.40) per square foot ($586.60/month).

Payment of Additional Rent. Commencing as of the Date of Rent Commencement, all taxes, costs, expenses, and other amounts which that Tenant is required to pay pursuant to this Lease (other than Base Rent), including, but not limited to insurance required pursuant to Section 31 of this Lease Lease, together with every fine, penalty, interest and cost which may be added for non-payment or late payment thereof, shall constitute additional obligations hereunder (“Additional Rent”). All Additional Rent shall be paid directly by Tenant to the party to whom such Additional Rent is due. If Tenant shall fail to pay any such Additional Rent or any other sum due hereunder when the same shall become due (and if no due date is specified, then such amounts shall be payable within ten (10) business days following written notice of demand therefor), Landlord shall have all rights, powers and remedies with respect thereto as are provided herein or by Law in the case of non-payment of any Base Rent and shall, except as expressly provided herein, have the right, not sooner than ten (10) business days after notice to Tenant (except in the event of an emergency, as reasonably determined by Landlord, in which case prior notice shall not be necessary) of its intent to do so, to pay the same on behalf of Tenant, and Tenant shall repay such amounts to Landlord on demand. Tenant shall pay to Landlord interest at the Lease Default Rate on all overdue Additional Rent and other sums due hereunder, in each case paid by Landlord or Lender on behalf of Tenant, from the date of payment by Landlord or Lender until repaid by Tenant.

Payment of Additional Rent. Commencing as Sublessee shall make all payments of the Date of Additional Rent Commencement, all taxes, costs, expenses, and other amounts which Tenant is required to pay be made pursuant to this Lease Sublease within thirty (other than Base Rent), including, but not limited to insurance required pursuant to Section 31 of this Lease together with every fine, penalty, interest and cost which may be added for non-payment or late payment thereof, shall constitute additional obligations hereunder (“Additional Rent”). All Additional Rent shall be paid directly by Tenant to the party to whom such Additional Rent is due. If Tenant shall fail to pay any such Additional Rent or any other sum due hereunder when the same shall become due (and if no due date is specified, then such amounts shall be payable within ten (1030) business days following written notice after Sublessor furnishes Sublessee with a statement of demand therefor), Landlord the amount payable by Sublessee to Sublessor. Sublessee shall have all rightsthe right to reasonably request from Sublessor copies of any applicable Landlord's statement received by Sublessor, powers and remedies with Sublessor shall furnish same upon request, but same shall not affect Sublessee's obligations to make the required payments hereunder. In the event that any items payable by Sublessor under the Lease, in respect thereto as of which Sublessor shall have received payments from Sublessee hereunder, are provided herein subject to adjustment by Landlord at the end of a year or by Law other period pursuant to the terms thereof, then (a) if there has been a corresponding underpayment in the case of non-payment of any Base Rent and shallpayments made by Sublessee, except as expressly provided hereinSublessee shall pay to Sublessor, have the right, not sooner no later than ten (10) days after notice Sublessor furnishes to Tenant (except in Sublessee a copy of the event of an emergency, as reasonably determined statement received by Sublessor from Landlord, an amount equal to such underpayment; or (b) if there has been an overpayment in which case prior notice such payments made by Sublessee, Sublessor shall not be necessary) credit against the next payment of its intent to do so, to pay the same on behalf of Tenant, and Tenant shall repay such amounts to Landlord on demand. Tenant shall pay to Landlord interest at the Lease Default Rate on all overdue Additional Rent and other sums coming due hereunder an amount equal to such overpayment, except that if no further payments of Additional Rent shall be due hereunder, then Sublessor shall refund such amount to Sublessee within ten (10) days. The obligation to pay any amount payable by Sublessee, or to Sublessee as provided for in each the immediately preceding sentence, shall survive the end of the term of this Sublease and shall be payable by Sublessee, or to Sublessee, as the case paid by Landlord may be, in the same manner as if the Term of this Sublease had not expired or Lender on behalf of Tenant, from the date of payment by Landlord or Lender until repaid by Tenantterminated.

Payment of Additional Rent. Commencing as In addition to the monthly rent due pursuant to Paragraph 5.1 of this Sublease, Sublessee shall pay to Sublessor an amount equal to the additional rent required to be paid by Sublessor to Lessor pursuant to Paragraph 3B and any other provision of the Date of Rent Commencement, all taxes, costs, expenses, and other amounts which Tenant is required to pay pursuant to this Lease (other than Base Rent), including, but not limited sums payable to insurance required pursuant to Section 31 Lessor under the fifth paragraph of this Lease Paragraph 21 of the Lease) for the period commencing on the Commencement Date and continuing through the expiration of the Sublease Term (together with every finethe sums described below, penalty, interest and cost which may be added for non-payment or late payment thereof, shall constitute additional obligations hereunder (“"Additional Rent”). All Additional Rent shall be paid directly by Tenant to the party to whom such Additional Rent is due. If Tenant shall fail to pay any such Additional Rent or any other sum due hereunder when the same shall become due (and if no due date is specified, then such amounts shall be payable ") within ten (10) business days following written notice of demand therefor), Landlord shall have all rights, powers and remedies with respect thereto as are provided herein or by Law in the case of non-payment of any Base Rent and shall, except as expressly provided herein, have the right, not sooner than ten (10) days after notice from Sublessor of the amount of the Additional Rent (provided, however, that Sublessor shall not be obligated to Tenant give Sublessee more than one notice of the amount of monthly installments payable under Paragraph 3B of the Lease and Sublessee shall pay such installments to Sublessor on the first day of each calendar month, without deduction or offset, but Sublessor shall notify Sublessee of any change in such amount). Additional Rent shall also include all charges, costs and expenses and other sums which Sublessee is required to pay under this Sublease (except together with all interest and charges that may accrue thereon in the event of an emergency, as reasonably determined by Landlord, in which case prior notice shall not be necessary) of its intent to do so, Sublessee's failure to pay the same on behalf of Tenantsame), and Tenant shall repay such amounts if Sublessee fails to Landlord on demand. Tenant shall pay to Landlord interest at the Lease Default Rate on all overdue any Additional Rent and other sums due hereunderwhen due, Sublessor shall have all of the remedies available to Sublessor under California law for nonpayment of rent. The term "Rent" as used in each case paid by Landlord or Lender on behalf of Tenant, from the date of payment by Landlord or Lender until repaid by Tenantthis Sublease shall mean Rent and/or Additional Rent.

Payment of Additional Rent. Commencing (1) Except as otherwise provided in this Lease, Tenant shall pay all Additional Rent to Landlord within thirty (30) days after receipt of an invoice therefor from Landlord. With respect to any capital improvements which are to be amortized over the Date useful life of Rent Commencement, all taxes, costs, expenses, and other amounts which Tenant is required to pay pursuant to this Lease (other than Base Rent), including, but not limited to insurance required such improvements pursuant to Section 31 of 4(b)(2) above this Lease together with every fine, penalty, interest and cost which may be added for non-payment or late payment thereof, shall constitute additional obligations hereunder (“Additional Rent”). All Additional Rent shall be paid directly by Tenant to the party to whom such Additional Rent is due. If Tenant shall fail to pay any such Additional Rent or any other sum due hereunder when the same shall become due (and if no due date is specified, then such amounts shall be payable within ten (10) business days following written notice of demand therefor)Lease, Landlord shall have all rightspay the cost of such improvements and Tenant shall reimburse Landlord in the manner provided in Paragraph 4(b)(2)(A)(i) above. Even though the Term has expired and Tenant has vacated the Premises, powers and remedies with respect thereto as are provided herein to the year in which this Lease expires or by Law in the case of non-terminates, Tenant shall remain liable for payment of any Base amount due to Landlord in excess of the Additional Rent and shallpreviously paid by Tenant, except as expressly provided hereinand, have the rightconversely, not sooner than ten (10) days after notice Landlord shall promptly return to Tenant (except in the event any overpayment. Failure of an emergency, Landlord to submit statements as reasonably determined by Landlord, in which case prior notice called for herein shall not be necessary) deemed a waiver of its intent to do so, Tenant's obligation to pay the same on behalf of Tenant, and Tenant shall repay such amounts to Landlord on demand. Tenant shall pay to Landlord interest at the Lease Default Rate on all overdue Additional Rent and other sums due hereunderas herein provided. (2) With respect to Operating Expenses, Insurance Expenses, Utility Expenses or Taxes which Landlord allocates to the Building, Tenant's "Proportionate Share" shall be the percentage set forth in each case paid by Landlord or Lender on behalf the Basic Lease Information as Tenant's Proportionate Share of Tenant, from the date of payment by Landlord or Lender until repaid by TenantBuilding.

Payment of Additional Rent. Commencing as of the Date of Rent Commencement, all taxes, costs, expenses, and other amounts which that Tenant is required to pay pursuant to this Lease (other than Base Rent), including, but not limited to insurance required pursuant to Section 31 of this Lease together with every fine, penalty, interest and cost which may be added for non-payment or late payment thereof, shall constitute additional obligations hereunder (“Additional Rent”). All Additional Rent shall be paid directly by Tenant to the party to whom such Additional Rent is due. If Tenant shall fail to pay any such Additional Rent or any other sum due hereunder when the same shall become due (and if no due date is specified, then such amounts shall be payable within ten (10) business days following written notice of demand therefor), Landlord shall have all rights, powers and remedies with respect thereto as are provided herein or by Law in the case of non-payment of any Base Rent and shall, except as expressly provided herein, have the right, not sooner than ten (10) days after notice to Tenant (except in the event of an emergency, as reasonably determined by Landlord, in which case prior notice shall not be necessary) of its intent to do so, to pay the same on behalf of Tenant, and Tenant shall repay such amounts to Landlord on demand. Tenant shall pay to Landlord interest at the Lease Default Rate on all overdue Additional Rent and other sums due hereunder, in each case paid by Landlord or Lender on behalf of Tenant, from the date of payment by Landlord or Lender until repaid by Tenant.