Payment of Base Rent and Additional Rent. (a) Throughout the Term of this Sublease, Subtenant shall pay to Sublandlord fixed base rent (“Base Rent”) at the rate of Twenty Thousand and 00/100 Dollars ($20,000) per month from the Sublease Commencement Date to the Sublease Expiration Date, payable in equal monthly installments (except for prorated amounts as may be payable for any partial months during the Term). Subtenant shall pay to Sublandlord the first monthly installment of Base Rent (or a prorated portion of such Base Rent if for less than a full month) at the time of execution and delivery of this Sublease by Subtenant to Sublandlord and shall pay all subsequent monthly installments of Base Rent prior to the first day of each month. (b) In addition to Base Rent, commencing on the Sublease Commencement Date and continuing throughout the Term of this Sublease, Subtenant shall pay to Sublandlord all costs and expenses incurred by Sublandlord in connection with its subleasing of the Subleased Premises to Subtenant; and all amounts due and payable by Sublandlord under the Primary Lease due or attributable to the Subleased Premises or the actions or omissions of Subtenant (collectively, “Additional Rent”). Additional Rent shall be payable to Sublandlord in monthly installments based on estimates provided by Sublandlord prior to the first day of each month. The Parties expressly agree that in no event shall Subtenant’s Additional Rent exceed $5,000 for the term of this Sublease. (c) All Base Rent and Additional Rent shall be due and payable without demand therefor unless otherwise designated by Sublandlord and without any deduction, offset, abatement, counterclaim, or defense. The monthly installments of Base Rent and Additional Rent payable on account of any partial calendar month during the Term of this Sublease, if any, shall be prorated.
Appears in 1 contract
Payment of Base Rent and Additional Rent. (a) Throughout the Term of this Sublease, Subtenant Base rent shall pay to Sublandlord fixed base rent (“Base Rent”) at the rate of Twenty Thousand and 00/100 Dollars ($20,000) per month from the Sublease Commencement Date to the Sublease Expiration Date, payable in equal monthly installments (except for prorated amounts as may be payable for any partial months during the Term). Subtenant shall pay to Sublandlord the first monthly installment of Base Rent (or a prorated portion of such Base Rent if for less than a full month) at the time of execution and delivery of this Sublease paid by Subtenant to Sublandlord and shall pay all subsequent monthly installments of Base Rent prior to Tenant on the first day of each and every calendar month during the term hereof. If the commencement date is other than the first day of a calendar month.
, rent for the portion of the calendar month at the beginning of the term and at the end of the term shall be prorated. The additional rent required to be paid by Tenant in Section 2-2(a) shall be determined and paid in the ofllowing manner. Landlord shall notify Tenant thirty (b30) In addition days in advance, in writing, of the estimated amount of the direct expenses to Base Rent, commencing be paid or incurred by Landlord (as defined in Section 2-5 and based on the Sublease Commencement Date and continuing throughout financial statements prepared by Landlord's accountants for the Term prior year) for the next succeeding 12 month period commencing upon the commencement date of the term of this SubleaseLease (such 12 month period, Subtenant and each succeeding 12 month period thereafter may be referred to as a "Lease Year"). For the first Lease Year, Landlord and Tenant shall agree as to the estimated amount of such expenses. Tenant shall pay such sum in advance to Sublandlord all costs and expenses incurred by Sublandlord Landlord in connection with its subleasing equal monthly installments during the balance of the Subleased Premises to Subtenant; and all amounts due and payable by Sublandlord under the Primary then current Lease due or attributable to the Subleased Premises or the actions or omissions of Subtenant (collectively, “Additional Rent”). Additional Rent shall be payable to Sublandlord in monthly installments based Year on estimates provided by Sublandlord prior to the first day of each monthremaining month in said Lease Year commencing on the first day of the first month following Tenant's receipt of such notification so that Tenant's entire share of such increases shall have been paid to Landlord prior to the end of the Lease Year. The Parties expressly agree that in no event shall Subtenant’s Additional Rent exceed $5,000 for Within thirty (30) days following the end of each Lease Year during the term of any renewal hereof Landlord shall submit to Tenant a statement showing the actual amount of expenses of Landlord reimbursable by Tenant under this Sublease.
Lease, the actual amount which should have been paid by Tenant with respect to these expenses for the past Lease year, the amount thereof actually paid during that year by Tenant, and the amount of any balance or overpayment thereof as the case may be. Tenant may, upon notice to Landlord given within thirty (c30) All Base Rent and Additional Rent days after Tenant receives such statement from Landlord, review, copy, or audit Landlord's records with respect to such expenses. Any deficiency shall be paid by Tenant to Landlord within thirty (30) days following Tenant's receipt of such statement or completion of Tenant's review of Landlord's records if Tenant has given Landlord notice of such review as provided above, and any overpayment thereof shall be immediately credited against Tenant's additional rent due and payable without demand therefor unless otherwise designated by Sublandlord and without any deduction, offset, abatement, counterclaim, or defensehereunder. The monthly installments of Base Rent and Additional Rent payable on account of any partial calendar month during the Term of this Sublease, if any, payments due hereunder shall be proratedmade in such manner and at such place or places as Landlord may direct in writing and until further notice to: Xxxxxxx Properties, Inc. c/o X.X. Xxxxxxx & Associates, Inc. 0000 Xxxx Xxxx Xxxx Xxxxx X-000 Xxxxxxxxx Xxxxxxx, Xxxxxxxx 00000 Tenant shall pay promptly all expenses required to be paid directly by Tenant pursuant to Section 2-2(b)(i) and (ii).
Appears in 1 contract
Payment of Base Rent and Additional Rent. (a) Throughout the Term of this SubleaseSubject to Section 9(b) below, Subtenant shall agrees to pay to Sublandlord fixed base rent (“Base Rent”) at for the rate use and occupancy of Twenty Thousand and 00/100 Dollars ($20,000) per month from the Sublease Commencement Date Subleased Premises in an amount equal to the Sublease Expiration Date, payable Yearly Rent (as defined in the Primary Lease) required to be paid by Sublandlord as tenant under the Primary Lease for the Subleased Premises as set forth on Schedule 1 hereto. Base Rent is triple net.
(b) Base Rent for any Extended Term shall be equal to the Yearly Rent required to be paid by Sublandlord as tenant under the Primary Lease for the Subleased Premises for the Extended Term (which shall include any retroactive payment Sublandlord is required to pay to Prime Landlord pursuant to Section 29.15(B) in the event the Yearly Rent for such Extended Term is not determined until a date later than the commencement of the Extended Term).
(c) Base Rent shall be paid in equal monthly installments in advance, on the first (except for prorated amounts as may be payable for any partial months 1st) day of each calendar month during the Term). Subtenant shall pay to Sublandlord Term of the Sublease, except that the first monthly installment of Base Rent (or a prorated portion of such Base Rent if for less than a full month) shall be paid by Subtenant to Sublandlord at the time of execution and delivery of this Sublease by Subtenant to Sublandlord and shall pay all subsequent monthly installments of Base Rent prior to the first day of each monthSublease.
(bd) In addition to Base Rent, commencing on the Sublease Commencement Effective Date and continuing throughout the Term of this SubleaseTerm, Subtenant shall pay to Sublandlord all costs and expenses incurred by Sublandlord in connection with its subleasing the following: (i) the Subtenant’s Pro Rata Share (as defined below) of the Subleased Premises to Subtenant; and all amounts due required to be paid under the Primary Lease, other than the “Yearly Rent”, on account of Operating Costs (including Building Operating Costs and payable Common Area Operating Costs) and Taxes (including Building Taxes and Common Area Taxes); (ii) utilities billed to or paid by Sublandlord under the Primary Lease due or attributable to the extent relating solely to the Subleased Premises and not otherwise paid directly by Subtenant or the actions through Subtenant’s Pro Rata Share of Operating Costs and Taxes; (iii) any other costs and expenses incurred or omissions of Subtenant (collectively, “Additional Rent”). Additional Rent shall be payable to Sublandlord in monthly installments based on estimates provided by Sublandlord prior attributable solely to the first day of each month. The Parties expressly agree that in no event shall Subleased Premises due to Subtenant’s Additional Rent exceed $5,000 activity in the Subleased Premises which are not paid directly by Subtenant or through Subtenant’s Pro Rata Share of Operating Costs and Taxes, provided, however, Subtenant shall not be responsible for the term of this Sublease.
(c) All Base Rent and Additional Rent shall be due and payable without demand therefor unless otherwise designated by Sublandlord and without any deduction, offset, abatement, counterclaim, or defense. The monthly installments of Base Rent and Additional Rent payable on account cost of any partial calendar month during additional charge for services unless such services were provided to the Term of this SubleaseSubleased Premises at Subtenant’s request; and (iv) monthly parking payment, if any, shall be prorated.as described in Section 21 below (all the foregoing amounts
Appears in 1 contract
Payment of Base Rent and Additional Rent. (a) Throughout the Term of this Sublease, Subtenant Base rent shall pay to Sublandlord fixed base rent (“Base Rent”) at the rate of Twenty Thousand and 00/100 Dollars ($20,000) per month from the Sublease Commencement Date to the Sublease Expiration Date, payable in equal monthly installments (except for prorated amounts as may be payable for any partial months during the Term). Subtenant shall pay to Sublandlord the first monthly installment of Base Rent (or a prorated portion of such Base Rent if for less than a full month) at the time of execution and delivery of this Sublease paid by Subtenant to Sublandlord and shall pay all subsequent monthly installments of Base Rent prior to tenant on the first day of each and every calendar month during the term hereof. If the commencement date is other than the first day of a calendar month.
, rent for the portion of the calendar month at the beginning of the term and at the end of the term shall be prorated. The additional rent required to be paid by tenant in Section 2-2(a) shall be determined and paid in the following manner. Landlord shall notify tenant thirty (b30) In addition days in advance, in writing, of the estimated amount of the direct expenses to Base Rent, commencing be paid or incurred by landlord (as defined in Section 2-5 and based on the Sublease Commencement Date financial statements prepared by landlord's accountants for the prior year) for the then current lease year. For the first lease year hereunder, landlord and continuing throughout tenant shall agree as to the Term estimated amount of this Sublease, Subtenant such expenses. Tenant shall pay such sum in advance to Sublandlord all costs and expenses incurred by Sublandlord landlord in connection with its subleasing equal monthly installments during the balance of the Subleased Premises to Subtenant; and all amounts due and payable by Sublandlord under the Primary Lease due or attributable to the Subleased Premises or the actions or omissions of Subtenant (collectively, “Additional Rent”). Additional Rent shall be payable to Sublandlord in monthly installments based then current lease year on estimates provided by Sublandlord prior to the first day of each monthremaining month in said lease year commencing on the first day of the first month following tenant's receipt of such notification so that tenant's entire share of such increases shall have been paid to landlord prior to the end of the lease year. The Parties expressly agree that in no event shall Subtenant’s Additional Rent exceed $5,000 for Within thirty (30) days following the end of each lease year during the term of this Sublease.
(c) All Base Rent any renewal hereof landlord shall submit to tenant a statement showing the actual amount which should have been paid by tenant with respect to these expenses for the past lease year, the amount thereof actually paid during that year by tenant and Additional Rent the amount of any balance or overpayment thereof as the case may be. Any deficiency shall be paid by tenant to landlord within thirty (30) days following tenant's receipt of such statement and any overpayment thereof shall be immediately credited against tenant's additional rent due and payable without demand therefor unless otherwise designated by Sublandlord and without any deduction, offset, abatement, counterclaim, or defensehereunder. The monthly installments of Base Rent and Additional Rent payable on account of any partial calendar month during the Term of this Sublease, if any, payments due hereunder shall be proratedmade in such manner and at such place or places as landlord may direct in writing and until further notice to: Xx. Xxxxxx X. Fusco 00 Xxxxx XxXxxxx Xxxxxx Xxxxx 000 Xxxxxxx, Xxxxxxxx 00000 Tenant shall pay promptly all expenses required to be paid directly pursuant to Section 2-2(b)(i) and (ii)."
Appears in 1 contract
Payment of Base Rent and Additional Rent. (a) Throughout the Term of this SubleaseSublease Term, Subtenant shall pay to Sublandlord fixed base rent (“Base Rent”) at the rate of Twenty Thousand and 00/100 Dollars of: (i) $20,000) 59,464.50 per month on a full-service basis from the Sublease Commencement Date to the Sublease Expiration Date, payable in equal monthly installments (except for prorated amounts as may be payable installments, in advance, on the first day of each calendar month during the Sublease Term, pro rated on a per diem basis for any partial months during calendar month(s). The Base Rent shall be subject to an annual three (3%) percent escalation effective on each anniversary of Sublease Commencement Date, as more particularly set forth on the Term)Base Rent table attached hereto as Schedule II. Subtenant shall pay to Sublandlord the first monthly installment of Base Rent (or a prorated portion of such Base Rent if for less than a full month) at concurrently with the time of execution and delivery of this Sublease by Subtenant to Sublandlord and shall pay all subsequent monthly installments of Sublandlord. Notwithstanding anything to the contrary herein, the Base Rent prior to shall be abated in full for the first day three full calendar months of each monththe Sublease Term.
(b) In addition to Base Rent, commencing on the Sublease Commencement Date and continuing throughout the Term of this SubleaseSublease Term, Subtenant shall pay to Sublandlord at the place where Base Rent is payable all costs and expenses incurred by Sublandlord in connection with its subleasing of the Subleased Premises to Subtenant; Direct Expenses and all amounts due and other Additional Rent payable by Sublandlord under the Primary Lease due or attributable Lease. For all such Additional Rent, Sublandlord will be responsible for any underpaid amounts, as well as entitled to reimbursement of overpaid amounts, relating to the Subleased Premises or the actions or omissions of Subtenant (collectively, “Additional Rent”). Additional Rent shall be payable to Sublandlord in monthly installments based on estimates provided by Sublandlord period prior to the Sublease Commencement Date. Subtenant will be responsible for any underpaid amounts, as well as entitled to reimbursement of overpaid amounts, first day of each montharising or accruing during the period from and after the Sublease Commencement Date. The Parties expressly agree that in Notwithstanding the foregoing or anything herein to the contrary, rent under this Sublease shall not include, and Subtenant shall have no event shall Subtenant’s Additional Rent exceed $5,000 responsibility or liability for the term payment of any cost, expense, and/or charge arising from Sublandlord’s failure to perform its obligations under this SubleaseSublease or the Primary Lease.
(c) All Base Rent and Additional Rent shall be due and payable without demand therefor unless otherwise designated by Sublandlord and without any deduction, offset, abatement, counterclaim, counterclaim or defense, except as otherwise expressly set forth herein. The monthly installments of Base Rent and Additional Rent payable on account of any partial calendar month during the Term of this SubleaseSublease Term, if any, shall be proratedprorated on a per diem basis. Subtenant shall make payment for such rent by ACH payment or electronic funds transfer, provided that Sublandlord has provided its account information. Any rent paid directly by Subtenant to Prime Landlord at Prime Landlord’s or Sublandlord’s request shall be credited to Subtenant’s corresponding rent obligation under this Sublease.
Appears in 1 contract
Payment of Base Rent and Additional Rent. (a) Throughout the Term of this Sublease, Subtenant Ten ant shall pay to Sublandlord fixed base rent (“the Base Rent”) at the rate of Twenty Thousand and 00/100 Dollars ($20,000) per month from the Sublease Commencement Date to the Sublease Expiration Date, payable Rent set forth in Section 1 above in equal monthly installments of one-twelfth (except for prorated amounts as may be payable for any partial months during 1/12) of the Term). Subtenant shall pay to Sublandlord the first monthly installment of annual Base Rent (or a prorated portion of such Base Rent if for less than a full month) at the time of execution and delivery of this Sublease by Subtenant to Sublandlord and shall pay all subsequent monthly installments of Base Rent prior to in advance on the first day of each calendar month.
(b) In addition to Base Rent, commencing on . Tenant shall pay a proportionate share of such monthly installment for any fraction of a calendar month that occurs at the Sublease Commencement Date and continuing throughout beginning or end of the Term of this Sublease, Subtenant Lease. Tenant shall pay to Sublandlord the full amount of all costs and expenses incurred by Sublandlord in connection with its subleasing of the Subleased Premises to Subtenant; and all amounts due and payable by Sublandlord under the Primary Lease due or attributable to the Subleased Premises or the actions or omissions of Subtenant (collectively, “Additional Rent”). Additional Rent shall be payable to Sublandlord in monthly installments based on estimates provided by Sublandlord prior to the first day of each month. The Parties expressly agree that in no event shall Subtenant’s Additional Rent exceed $5,000 for the term of this Sublease.
(c) All Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease, all of which hereinafter may be due and payable collectively called “Rent,” without demand therefor unless otherwise designated by Sublandlord or notice and without any deduction, offset, abatement, counterclaim, or defenseset-off, to Landlord, at c/o Synergy Investments, 000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000, or at such other place as designated from time to time by Landlord in writing. The monthly installments Landlord and Tenant hereby confirm that the Base Rent is not based on Tenant’s income or profit derived from the Premises. If Tenant fails to pay Base Rent or Additional Rent for five (5) calendar days after the date when due, Tenant shall pay a Two Hundred Fifty ($250.00) dollar penalty (“Late Payment Penalty”) to Landlord. Additionally, Tenant shall pay interest at the annual rate of fifteen percent (15%) (the “Late Payment Rate”) per month on unpaid Base Rent and Additional Rent payable on account of any partial calendar month during from the Term of date when due until paid. All other charges which Tenant is required to pay in accordance with this SubleaseLease, if anytogether with all interest and penalties that may accrue thereon, shall be prorateddeemed to be “Additional Rent”, and in the event of non-payment thereof by Tenant, Landlord shall have all the rights and remedies as would accrue to Landlord for non-payment of Base Rent. Subject to the terms and conditions of this Lease, Tenant shall not be obligated to pay any Base Rent otherwise attributable to the Premises during the first two (2) months of the Term (the “Rent Abatement Period”). Tenant acknowledges and agrees that the amount of the rent abatement equals $35,574.50 (two (2) months x $17,787.25 = $35,574.50) (the “Rent Abatement”). Tenant acknowledges and agrees that the foregoing Rent Abatement has been granted to Tenant as additional consideration for entering into this Lease, and for agreeing to pay the rental and perform the terms and conditions otherwise required under this Lease. If, prior to the expiration of the Rent Abatement Period, Tenant shall be in an Event of Default under this Lease, beyond any applicable notice and cure period, then (i) from and after such Event of Default Tenant shall immediately be obligated to begin paying Base Rent for the Premises in full and (ii) Landlord shall have all rights and remedies set forth in Section 25 (Default) in addition to any and all other rights and remedies available to Landlord at law or in equity.
Appears in 1 contract
Samples: Lease (Flywire Corp)
Payment of Base Rent and Additional Rent. (ai) Throughout The rent reserved under this Sublease shall consist of the Term of this Sublease, Subtenant shall pay to Sublandlord fixed base rent (“Base Rent”) at the rate of Twenty Thousand and 00/100 Dollars ($20,000) per month from the Sublease Commencement Date to the Sublease Expiration Date, payable in equal monthly installments (except for prorated amounts as may be payable for any partial months during the Term). Subtenant shall pay to Sublandlord the first monthly installment of Base Rent (or a prorated portion of such Base Rent if for less than a full month) at the time of execution and delivery of this Sublease Expenses and Taxes described in Paragraph 4 above and any other amounts payable by Subtenant hereunder, including without limitation any amounts payable pursuant to Sublandlord Paragraph 10(d) hereof (collectively with the Expenses and shall pay all subsequent monthly installments of Base Rent prior to Taxes, the first day of each month.
(b) In addition to Base Rent, commencing on the Sublease Commencement Date and continuing throughout the Term of this Sublease, Subtenant shall pay to Sublandlord all costs and expenses incurred by Sublandlord in connection with its subleasing of the Subleased Premises to Subtenant; and all amounts due and payable by Sublandlord under the Primary Lease due or attributable to the Subleased Premises or the actions or omissions of Subtenant (collectively, “Additional Rent”). Additional Rent shall be payable to Sublandlord in monthly installments based on estimates provided by Sublandlord prior to the first day of each month. The Parties expressly agree that in no event shall Subtenant’s Additional Rent exceed $5,000 for the term of this Sublease.
(c) All Base Rent and Additional Rent shall be due and payable without demand therefor unless otherwise designated by Sublandlord and without any deduction, offset, abatement, counterclaim, or defense. The monthly installments of Base Rent and Additional Rent payable on account of any partial calendar month during the Term of this Sublease, if any, by Subtenant to Sublandlord hereunder shall be proratedpaid to Sublandlord at the address set forth above, Attention: Real Estate Department or at such other place or places as Sublandlord may designate to Subtenant in writing, in lawful money of the United States, by good and sufficient check (subject to collection) or at Sublandlord’s option by wire transfer of immediately available funds to the account designated by Sublandlord.
(ii) Subtenant does hereby covenant and agree to (a) pay the Base Rent and Additional Rent to Sublandlord hereunder as and when the same shall become due and payable as herein provided, and except as otherwise specifically provided herein, without demand therefor and without any setoff or deduction whatsoever, and (b) keep, observe and perform, and to permit no violation of, each and every of the covenants, agreements, terms, provisions and conditions herein contained on the part of Subtenant to be kept, observed or performed.
(iii) If Subtenant shall fail to pay Base Rent or Additional Rent when the same is due and payable, Subtenant shall pay a late payment charge equal to five percent (5%) percent of the amount due. Such amount shall be payable as Additional Rent hereunder, and shall be payable in addition to any interest payable on such late payment of Base Rent or Additional Rent or other charges, per the Master Lease.
Appears in 1 contract
Samples: Office Lease Agreement (GoPro, Inc.)
Payment of Base Rent and Additional Rent. (a) Throughout Subject to the Term of this SubleaseRent Abatement Period set forth below, Subtenant Tenant shall pay to Sublandlord fixed base rent (“the Base Rent”) at the rate of Twenty Thousand and 00/100 Dollars ($20,000) per month from the Sublease Commencement Date to the Sublease Expiration Date, payable Rent set forth in Section 1 above in equal monthly installments of one-twelfth (except for prorated amounts as may be payable for any partial months during 1/12) of the Term). Subtenant shall pay to Sublandlord the first monthly installment of annual Base Rent (or a prorated portion of such Base Rent if for less than a full month) at the time of execution and delivery of this Sublease by Subtenant to Sublandlord and shall pay all subsequent monthly installments of Base Rent prior to in advance on the first day of each calendar month.
(b) In addition to Base Rent, commencing on the Sublease Commencement Date and continuing throughout the Term of this Sublease, Subtenant . Tenant shall pay to Sublandlord all costs and expenses incurred by Sublandlord in connection with its subleasing a proportionate share of such monthly installment for any fraction of a calendar month that occurs at the end of the Subleased Premises to Subtenant; and Rent Abatement Period or Term. Tenant shall pay the full amount of all amounts due and payable by Sublandlord under the Primary Lease due or attributable to the Subleased Premises or the actions or omissions of Subtenant (collectively, “Additional Rent”). Additional Rent shall be payable to Sublandlord in monthly installments based on estimates provided by Sublandlord prior to the first day of each month. The Parties expressly agree that in no event shall Subtenant’s Additional Rent exceed $5,000 for the term of this Sublease.
(c) All Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease, all of which hereinafter may be due and payable collectively called “Rent,” without demand therefor unless otherwise designated by Sublandlord or notice and without any deduction, offset, abatement, counterclaim, or defenseset-off, to Landlord, at XXXXX 10 PO Owner LLC, X.X. Xxx 000000, Xxxxxx, XX 00000-0000, or at such other place as designated from time to time by Landlord in writing at least ten (10) days in advance. The monthly installments of Landlord and Tenant hereby confirm that the Base Rent and is not based on Tenant’s income or profit derived from the Premises. If Tenant fails to pay Base Rent or Additional Rent payable for five (5) Business Days after the date when due, Tenant shall pay to Landlord (a) a Two Hundred Fifty Dollar ($250.00) late payment penalty (“Late Payment Penalty”) and (b) interest at the annual rate of fifteen percent (15%) (the “Late Payment Rate”) per month on account of any partial calendar month during the Term of unpaid amount from the date when due until the date when paid. All other charges which Tenant is required to pay in accordance with this SubleaseLease, if anytogether with all interest and penalties that may accrue thereon, shall be prorateddeemed to be “Additional Rent” and, in the event of non-payment thereof by Tenant, Landlord shall have all the rights and remedies as would accrue to Landlord for non-payment of Base Rent. Notwithstanding the foregoing, Tenant shall not be required to pay the Late Payment Penalty or interest at the Late Payment Rate with respect to the first late payment in any calendar year. Subject to the terms and conditions of this Lease, Tenant shall not be obligated to pay any Base Rent otherwise attributable to the Premises during the first two (2) months of the Term (the “Rent Abatement Period”). Tenant acknowledges and agrees that the amount of the rent abatement equals $41,993.84 (two (2) months x $20,996.92 = $41,993.84) (the “Rent Abatement”). Tenant acknowledges and agrees that the foregoing Rent Abatement has been granted to Tenant as additional consideration for entering into this Lease, and for agreeing to pay the rental and perform the terms and conditions otherwise required under this Lease. If, prior to the expiration of the Rent Abatement Period, Tenant shall be in an Event of Default under this Lease, beyond any applicable notice and cure period, then (i) Tenant shall immediately be obligated to begin paying Base Rent for the Premises in full and (ii) Landlord shall have all rights and remedies set forth in Section 25 (Default) in addition to any and all other rights and remedies available to Landlord at law or in equity.
Appears in 1 contract
Payment of Base Rent and Additional Rent. (ai) Throughout Base rent and the Term additional rent payable by Subtenant hereunder and all other amounts payable by Subtenant to Sublessor hereunder shall be paid to Sublessor at its office at 0000 Xxxxx Xxxxxx Xxxxx, Xxxxx, Xxxx 00000, Attention: Real Estate Department or at such other place or places as Sublessor may designate to Subtenant, in lawful money of this Subleasethe United States, by good and sufficient check (subject to collection) or at Sublessor's option by wire transfer of immediately available funds to the account designated by Sublessor.
(ii) Subtenant does hereby covenant and agree to (A) pay the base rent and additional rent as and when the same shall become due and payable as herein provided, and except as otherwise specifically provided herein, without demand therefor and without any setoff or deduction whatsoever, and (B) keep, observe and perform, and to permit no violation of, each and every of the covenants, agreements, terms, provisions and conditions herein contained on the part of Subtenant to be kept, observed or performed.
(iii) If Subtenant shall pay base rent, or any RET Payment, OE Payment or RS Payment more than seven (7) days after the same is due and payable, Subtenant shall pay a late payment charge equal to Sublandlord fixed four percent (4%) percent of the amount due. Such amount shall be payable as additional rent thereunder, and shall be payable in addition to any interest payable on such late payment of base rent, additional rent or other charges. Notwithstanding the foregoing, Sublessor will be entitled to the late payment charge during any calendar year only if Subtenant has failed to pay base rent or any RET Payment, OE Payment or RS Payment within seven (“Base Rent”7) at the rate of Twenty Thousand and 00/100 Dollars ($20,000) per month from the Sublease Commencement Date to the Sublease Expiration Date, payable in equal monthly installments (except for prorated amounts as may be payable for any partial months during the Term). Subtenant shall pay to Sublandlord the first monthly installment of Base Rent (or a prorated portion of such Base Rent if for less than a full month) at the time of execution and delivery of this Sublease by Subtenant to Sublandlord and shall pay all subsequent monthly installments of Base Rent prior to the first day of each month.
(b) In addition to Base Rent, commencing on the Sublease Commencement Date and continuing throughout the Term of this Sublease, Subtenant shall pay to Sublandlord all costs and expenses incurred by Sublandlord in connection with its subleasing of the Subleased Premises to Subtenant; and all amounts days after same is due and payable by Sublandlord under the Primary Lease due or attributable to the Subleased Premises or the actions or omissions of Subtenant (collectively, “Additional Rent”). Additional Rent shall be payable to Sublandlord in monthly installments based on estimates provided by Sublandlord two prior to the first day of each month. The Parties expressly agree that in no event shall Subtenant’s Additional Rent exceed $5,000 for the term of this Subleaseoccasions during such calendar year.
(c) All Base Rent and Additional Rent shall be due and payable without demand therefor unless otherwise designated by Sublandlord and without any deduction, offset, abatement, counterclaim, or defense. The monthly installments of Base Rent and Additional Rent payable on account of any partial calendar month during the Term of this Sublease, if any, shall be prorated.
Appears in 1 contract
Samples: Sublease (Akamai Technologies Inc)