Common use of Payment of Rent until Commencement of Variable Rent Clause in Contracts

Payment of Rent until Commencement of Variable Rent. On the Commencement Date, a prorated portion of the first monthly installment of Rent shall be paid by Tenant for the period from the Commencement Date until the last day of the calendar month in which the Commencement Date occurs, based on the number of days during such period. Thereafter, for the first seven (7) Lease Years, Rent shall be payable by Tenant in consecutive monthly installments equal to one-twelfth (1/12th) of the Rent amount for the applicable Lease Year on the first (1st) day of each calendar month (or the immediately preceding Business Day if the first (1st) day of the month is not a Business Day), in advance for such calendar month, during that Lease Year. Notwithstanding anything to the contrary in the foregoing sentence, (i) no Supplemental Rent shall be payable with respect to the period prior to the First Amendment Date, (ii) on the First Amendment Date, the amount of each remaining monthly installment of Rent in the Lease Year in which the First Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the First Amendment Date) shall be recalculated to give effect to the addition of Supplemental Rent as a component of Rent (as effectuated by the amendments to this Lease on the First Amendment Date), (iii) on the First Amendment Date, a prorated portion of the amount of the monthly installment of Supplemental Rent for the month in which the First Amendment Date occurs shall be paid by Tenant for the period from the First Amendment Date until the last day of such calendar month, based on the number of days during such period (provided, however, that if Tenant pays or has paid (as an Imposition) rent under the Prior Octavius Ground Lease in respect of such period, then such payment shall be credited in full against the amount due under this clause (iii)), (iv) on the Second Amendment Date, a prorated portion of an amount equal to the Initial Rent Increase for the month in which the Second Amendment Date occurs shall be paid by Tenant for the period from the Second Amendment Date until the last day of such calendar month, based on the number of days during such period, (v) other than the prorated portion of the HLV Initial Rent Increase to be paid in accordance with the immediately preceding clause (iv), no HLV Initial Rent shall be payable with respect to the period prior to the first (1st) day of the first (1st) full calendar month following the Second Amendment Date, (vi) other than the prorated portion of the CPLV Initial Rent Increase to be paid in accordance with the preceding clause (iv), no CPLV Initial Rent Increase shall be payable with respect to the period prior to the first (1st) day of the first (1st) full calendar month following the Second Amendment Date and (vii) on the Second Amendment Date, the amount of each remaining monthly installment of Rent in the Lease Year in which the Second Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the Second Amendment Date) shall be recalculated to give effect to the addition of the Initial Rent Increase as a component of Rent (as effectuated by the amendments to this Lease on the Second Amendment Date).

Payment of Rent until Commencement of Variable Rent. On the Commencement Date, a prorated portion of the first monthly installment of Rent shall be paid by Tenant for the period from the Commencement Date until the last day of the calendar month in which the Commencement Date occurs, based on the number of days during such period. Thereafter, for the first seven (7) Lease Years, Rent shall be payable by Tenant in consecutive monthly installments equal to one-twelfth (1/12th) of the Rent amount for the applicable Lease Year on the first (1st) day of each calendar month (or the immediately preceding Business Day if the first (1st) day of the month is not a Business Day), in advance for such calendar month, during that Lease Year. Notwithstanding anything to the contrary in the foregoing sentence, (i) no Supplemental Rent shall be payable with respect to the period prior to the First Amendment Date, (ii) on the First Amendment Date, the amount of each remaining monthly installment of Rent in the Lease Year in which the First Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the First Amendment Date) shall be recalculated to give effect to the addition of Supplemental Rent as a component of Rent (as effectuated by the amendments to this Lease on the First Amendment Date), ) and (iii) on the First Amendment Date, a prorated portion of the amount of the monthly installment of Supplemental Rent for the month in which the First Amendment Date occurs shall be paid by Tenant for the period from the First Amendment Date until the last day of such calendar month, based on the number of days during such period (provided, however, that if Tenant pays or has paid (as an Imposition) rent under the Prior Octavius Ground Lease in respect of such period, then such payment shall be credited in full against the amount due under this clause (iii)), (iv) on the Second Amendment Date, a prorated portion of an amount equal to the Initial Rent Increase for the month in which the Second Amendment Date occurs shall be paid by Tenant for the period from the Second Amendment Date until the last day of such calendar month, based on the number of days during such period, (v) other than the prorated portion of the HLV Initial Rent Increase to be paid in accordance with the immediately preceding clause (iv), no HLV Initial Rent shall be payable with respect to the period prior to the first (1st) day of the first (1st) full calendar month following the Second Amendment Date, (vi) other than the prorated portion of the CPLV Initial Rent Increase to be paid in accordance with the preceding clause (iv), no CPLV Initial Rent Increase shall be payable with respect to the period prior to the first (1st) day of the first (1st) full calendar month following the Second Amendment Date and (vii) on the Second Amendment Date, the amount of each remaining monthly installment of Rent in the Lease Year in which the Second Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the Second Amendment Date) shall be recalculated to give effect to the addition of the Initial Rent Increase as a component of Rent (as effectuated by the amendments to this Lease on the Second Amendment Date).

Payment of Rent until Commencement of Variable Rent. On the Commencement Date, a prorated portion of the first monthly installment of Rent shall be paid by Tenant for the period from the Commencement Date until the last day of the calendar month in which the Commencement Date occurs, based on the number of days during such period. Thereafter, for the first seven (7) Lease Years, Rent shall be payable by Tenant in consecutive monthly installments equal to one-twelfth (1/12th) of the Rent amount for the applicable Lease Year on the first (1st) day of each calendar month (or the immediately preceding Business Day if the first (1st) day of the month is not a Business Day), in advance for such calendar month, during that Lease Year. Notwithstanding anything to the contrary in the foregoing sentence, (i) no Supplemental Rent shall be payable with respect to the period prior to the First Amendment Date, (ii) on the First Amendment Date, the amount of each remaining monthly installment of Rent in the Lease Year in which the First Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the First Amendment Date) shall be recalculated to give effect to the addition of Supplemental changes to Rent as a component of Rent (as effectuated by the amendments to this Lease on the First Amendment Date), Date and (iiiii) on the First Amendment Date, if the Amendment Date occurs after the first day of the second (2nd) Lease Year, a prorated portion of “catch-up” Rent payment in the amount of the monthly installment product of Supplemental Rent for (1) Five Hundred Ninety-Four Thousand Three Hundred Seventy-Five and No/100 Dollars ($594,375.00) multiplied by (2) a fraction, (I) the month in numerator of which the First Amendment Date occurs shall be paid by Tenant for the period from the First Amendment Date until the last day of such calendar month, based on is the number of calendar days during such period (provided, however, that if Tenant pays or has paid (as an Imposition) rent under have commenced from and after the Prior Octavius Ground Lease in respect of such period, then such payment shall be credited in full against the amount due under this clause (iii)), (iv) on the Second Amendment Date, a prorated portion of an amount equal to the Initial Rent Increase for the month in which the Second Amendment Date occurs shall be paid by Tenant for the period from the Second Amendment Date until the last day of such calendar month, based on the number of days during such period, (v) other than the prorated portion beginning of the HLV Initial Rent Increase to be paid in accordance with the immediately preceding clause second (iv), no HLV Initial Rent shall be payable with respect to the period prior to the first (1st2nd) day of the first (1st) full calendar month following the Second Amendment Date, (vi) other than the prorated portion of the CPLV Initial Rent Increase to be paid in accordance with the preceding clause (iv), no CPLV Initial Rent Increase shall be payable with respect to the period prior to the first (1st) day of the first (1st) full calendar month following the Second Amendment Date and (vii) on the Second Amendment Date, the amount of each remaining monthly installment of Rent in the Lease Year in which the Second Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the Second Amendment Date) shall be recalculated to give effect to the addition of the Initial Rent Increase as a component of Rent (as effectuated by the amendments to this Lease on the Second Amendment Date).and

Payment of Rent until Commencement of Variable Rent. On the Commencement Date, a prorated portion of the first monthly installment of Rent shall be paid by Tenant for the period from the Commencement Date until the last day of the calendar month in which the Commencement Date occurs, based on the number of days during such period. Thereafter, for the first seven (7) Lease Years, Rent shall be payable by Tenant in consecutive monthly installments equal to one-twelfth (1/12th) of the Rent amount for the applicable Lease Year on the first (1st) day of each calendar month (or the immediately preceding Business Day if the first (1st) day of the month is not a Business Day), in advance for such calendar month, during that Lease Year. Notwithstanding anything to the contrary in the foregoing sentence, (i) no Supplemental Rent shall be payable with respect to the period prior to the First Amendment Date, (ii) on the First Amendment Date, the amount of each remaining monthly installment of Rent in the Lease Year in which the First Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the First Amendment Date) shall be recalculated to give effect to the addition of Supplemental changes to Rent as a component of Rent (as effectuated by the amendments to this Lease on the First Amendment Date), Date and (iiiii) on the First Amendment Date, a prorated portion of the amount of the monthly installment of Supplemental Rent for the month in which if the First Amendment Date occurs shall be paid by Tenant for the period from the First Amendment Date until the last day of such calendar month, based on the number of days during such period (provided, however, that if Tenant pays or has paid (as an Imposition) rent under the Prior Octavius Ground Lease in respect of such period, then such payment shall be credited in full against the amount due under this clause (iii)), (iv) on the Second Amendment Date, a prorated portion of an amount equal to the Initial Rent Increase for the month in which the Second Amendment Date occurs shall be paid by Tenant for the period from the Second Amendment Date until the last day of such calendar month, based on the number of days during such period, (v) other than the prorated portion of the HLV Initial Rent Increase to be paid in accordance with the immediately preceding clause (iv), no HLV Initial Rent shall be payable with respect to the period prior to after the first (1st) day of the first second (1st2nd) full calendar month following the Second Amendment DateLease Year, (vi) other than the prorated portion of the CPLV Initial a “catch- up” Rent Increase to be paid payment in accordance with the preceding clause (iv), no CPLV Initial Rent Increase shall be payable with respect to the period prior to the first (1st) day of the first (1st) full calendar month following the Second Amendment Date and (vii) on the Second Amendment Date, the amount of each remaining monthly installment the product of (1) Five Hundred Ninety-Four Thousand Three Hundred Seventy-Five and No/100 Dollars ($594,375.00) multiplied by (2) a fraction, (I) the numerator of which is the number of calendar days that have commenced from and after the beginning of the second (2nd) Lease Year and (II) the denominator of which is three hundred sixty-five (365), shall be paid by Tenant, which “catch-up” payment represents incremental Rent that would have been due had the changes to the definition of Rent in the Lease Year in which the Second Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the Second Amendment Date) shall be recalculated to give effect to the addition of the Initial Rent Increase as a component of Rent (as effectuated by the amendments to this Lease on the Second First Amendment Date)Date been effective on the first (1st) day of the second (2nd) Lease Year.

Payment of Rent until Commencement of Variable Rent. On the Commencement Date, a prorated portion of the first monthly installment of Rent shall be paid by Tenant for the period from the Commencement Date until the last day of the calendar month in which the Commencement Date occurs, based on the number of days during such period. Thereafter, for the first seven (7) Lease Years, Rent shall be payable by Tenant in consecutive monthly installments equal to one-twelfth (1/12th) of the Rent amount for the applicable Lease Year on the first (1st) day of each calendar month (or the immediately preceding Business Day if the first (1st) day of the month is not a Business Day), in advance for such calendar month, during that Lease Year. Notwithstanding anything to the contrary in the foregoing sentence, (i) no Supplemental Rent shall be payable with respect to the period prior to the First Amendment Date, (ii) on the First Amendment Date, the amount of each remaining monthly installment of Rent in the Lease Year in which the First Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the First Amendment Date) shall be recalculated to give effect to the addition of Supplemental changes to Rent as a component of Rent (as effectuated by the amendments to this Lease on the First Amendment Date), Date and (iiiii) on the First Amendment Date, a prorated portion of the amount of the monthly installment of Supplemental Rent for the month in which if the First Amendment Date occurs shall be paid by Tenant for the period from the First Amendment Date until the last day of such calendar month, based on the number of days during such period (provided, however, that if Tenant pays or has paid (as an Imposition) rent under the Prior Octavius Ground Lease in respect of such period, then such payment shall be credited in full against the amount due under this clause (iii)), (iv) on the Second Amendment Date, a prorated portion of an amount equal to the Initial Rent Increase for the month in which the Second Amendment Date occurs shall be paid by Tenant for the period from the Second Amendment Date until the last day of such calendar month, based on the number of days during such period, (v) other than the prorated portion of the HLV Initial Rent Increase to be paid in accordance with the immediately preceding clause (iv), no HLV Initial Rent shall be payable with respect to the period prior to after the first (1st) day of the first second (1st2nd) full calendar month following the Second Amendment DateLease Year, (vi) other than the prorated portion of the CPLV Initial a “catch-up” Rent Increase to be paid payment in accordance with the preceding clause (iv), no CPLV Initial Rent Increase shall be payable with respect to the period prior to the first (1st) day of the first (1st) full calendar month following the Second Amendment Date and (vii) on the Second Amendment Date, the amount of each remaining monthly installment the product of (1) Five Hundred Ninety-Four Thousand Three Hundred Seventy-Five and No/100 Dollars ($594,375.00) multiplied by (2) a fraction, (I) the numerator of which is the number of calendar days that have commenced from and after the beginning of the second (2nd) Lease Year and (II) the denominator of which is three hundred sixty-five (365), shall be paid by Tenant, which “catch-up” payment represents incremental Rent that would have been due had the changes to the definition of Rent in the Lease Year in which the Second Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the Second Amendment Date) shall be recalculated to give effect to the addition of the Initial Rent Increase as a component of Rent (as effectuated by the amendments to this Lease on the Second First Amendment Date)Date been effective on the first (1st) day of the second (2nd) Lease Year.

Payment of Rent until Commencement of Variable Rent. On the Commencement Date, a prorated portion of the first monthly installment of Rent shall be paid by Tenant for the period from the Commencement Date until the last day of the calendar month in which the Commencement Date occurs, based on the number of days during such period. Thereafter, for the first seven (7) Lease Years, Rent shall be payable by Tenant in consecutive monthly installments equal to one-twelfth (1/12th) of the Rent amount for the applicable Lease Year on the first (1st) day of each calendar month (or the immediately preceding Business Day if the first (1st) day of the month is not a Business Day), in advance for such calendar month, during that Lease Year. Notwithstanding anything to the contrary in the foregoing sentence, (i) no Supplemental Rent shall be payable with respect to the period prior to the First Amendment Date, (ii) on the First Amendment Date, the amount of each remaining monthly installment of Rent in the Lease Year in which the First Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the First Amendment Date) shall be recalculated to give effect to the addition of Supplemental changes to Rent as a component of Rent (as effectuated by the amendments to this Lease on the First Amendment Date), Date and (iiiii) on the First Amendment Date, if the Amendment Date occurs after the first day of the second (2nd) Lease Year, a prorated portion of “catch-up” Rent payment in the amount of the monthly installment product of Supplemental Rent for (1) Five Hundred Ninety-Four Thousand Three Hundred Seventy-Five and No/100 Dollars ($594,375.00) multiplied by (2) a fraction, (I) the month in numerator of which is the First Amendment Date occurs number of calendar days that have commenced from and after the beginning of the second (2nd) Lease Year and (II) the denominator of which is three hundred sixty-five (365), shall be paid by Tenant for Tenant, which “catch-up” payment represents incremental Rent that would have been due had the period from the First Amendment Date until the last day of such calendar month, based on the number of days during such period (provided, however, that if Tenant pays or has paid (as an Imposition) rent under the Prior Octavius Ground Lease in respect of such period, then such payment shall be credited in full against the amount due under this clause (iii)), (iv) on the Second Amendment Date, a prorated portion of an amount equal changes to the Initial Rent Increase for the month in which the Second Amendment Date occurs shall be paid by Tenant for the period from the Second Amendment Date until the last day of such calendar month, based on the number of days during such period, (v) other than the prorated portion of the HLV Initial Rent Increase to be paid in accordance with the immediately preceding clause (iv), no HLV Initial Rent shall be payable with respect to the period prior to the first (1st) day of the first (1st) full calendar month following the Second Amendment Date, (vi) other than the prorated portion of the CPLV Initial Rent Increase to be paid in accordance with the preceding clause (iv), no CPLV Initial Rent Increase shall be payable with respect to the period prior to the first (1st) day of the first (1st) full calendar month following the Second Amendment Date and (vii) on the Second Amendment Date, the amount of each remaining monthly installment definition of Rent in the Lease Year in which the Second Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the Second Amendment Date) shall be recalculated to give effect to the addition of the Initial Rent Increase as a component of Rent (as effectuated by the amendments to this Lease on the Second Amendment Date)Date been effective on the first day of the second (2nd) Lease Year.

Payment of Rent until Commencement of Variable Rent. On the Commencement Date, a prorated portion of the first monthly installment of Rent shall be paid by Tenant for the period from the Commencement Date until the last day of the calendar month in which the Commencement Date occurs, based on the number of days during such period. Thereafter, for the first seven (7) Lease Years, Rent shall be payable by Tenant in consecutive monthly installments equal to one-twelfth (1/12th) of the Rent amount for the applicable Lease Year on the first (1st) day of each calendar month (or the immediately preceding Business Day if the first (1st) day of the month is not a Business Day), in advance for such calendar month, during that Lease Year. Notwithstanding anything to the contrary in the foregoing sentence, (i) no Supplemental Rent shall be payable with respect to the period prior to the First Amendment Date, (ii) on the First Amendment Date, the amount of each remaining monthly installment of Rent in the Lease Year in which the First Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the First Amendment Date) shall be recalculated to give effect to the addition of Supplemental Rent as a component of Rent (as effectuated by the amendments to this Lease on the First Amendment Date), ) and (iii) on the First Amendment Date, a prorated portion of the amount of the monthly installment of Supplemental Rent for the month in which the First Amendment Date occurs shall be paid by Tenant for the period from the First Amendment Date until the last day of such calendar month, based on the number of days during such period (provided, however, that if Tenant pays or has paid (as an Imposition) rent under the Prior Octavius Ground Lease in respect of such period, then such payment shall be credited in full against the amount due under this clause (iii)), (iv) on the Second Amendment Date, a prorated portion of an amount equal to the Initial Rent Increase for the month in which the Second Amendment Date occurs shall be paid by Tenant for the period from the Second Amendment Date until the last day of such calendar month, based on the number of days during such period, (v) other than the prorated portion of the HLV Initial Rent Increase to be paid in accordance with the immediately preceding clause (iv), no HLV Initial Rent shall be payable with respect to the period prior to the first (1st) day of the first (1st) full calendar month following the Second Amendment Date, (vi) other than the prorated portion of the CPLV Initial Rent Increase to be paid in accordance with the preceding clause (iv), no CPLV Initial Rent Increase shall be payable with respect to the period prior to the first (1st) day of the first (1st) full calendar month following the Second Amendment Date and (vii) on the Second Amendment Date, the amount of each remaining monthly installment of Rent in the Lease Year in which the Second Amendment Date occurs (i.e., each installment of Rent payable in such Lease Year after the Second Amendment Date) shall be recalculated to give effect to the addition of the Initial Rent Increase as a component of Rent (as effectuated by the amendments to this Lease on the Second Amendment Date).. 50