Common use of Rent Additional Charges Clause in Contracts

Rent Additional Charges. 3.1 Tenant shall pay to Landlord during the Term the annual Base Rent specified in the Basic Lease Information (“Base Rent”), which sum shall be payable by Tenant in equal consecutive monthly installments on or before the first (1st) day of each month of the Term commencing on the first (1st) day of the first month of the Term in advance, at the address specified for Landlord in the Basic Lease Information, or at such other place as Landlord shall designate, without any prior demand and without any deduction or setoff whatsoever; provided, Tenant shall deliver to Landlord, upon issuance of a building permit for the Tenant Improvements set forth in Exhibit C, Base Rent for the first (1st) month that Base Rent is due under the Lease. If the Commencement Date should occur on a day other than the first day of a calendar month, or the Expiration Date should occur on a day other than the last day of a calendar month, then the rental for such fractional month shall be prorated upon a daily basis based upon a thirty (30) day month. 3.2 Tenant shall pay to Landlord all charges and other amounts required under this Lease as additional rent hereunder (“Additional Charges”), including without limitation the charges for Excess Taxes and Expenses provided for in Article 4. All such amounts and charges shall be payable to Landlord at the place where the Base Rent is payable. Landlord shall have the same remedies for a default in the payment of any Additional Charges as for a default in the payment of Base Rent. 3.3 Tenant recognizes that late payment of any Base Rent or Additional Charges will result in additional administrative expense to Landlord and will impair Landlord’s ability to meet its obligations with respect to the Building and otherwise, the exact extent of which additional expenses and impairment will be extremely difficult or impractical to determine. Tenant therefore agrees that if any Base Rent and/or Additional Charges remain unpaid for a period of five (5) days after the date the same is due, the amount of such unpaid Base Rent and/or Additional Charges shall be increased by a late charge to be paid to Landlord by Tenant in an amount equal to five percent (5%) of the amount of the past due Base Rent and/or Additional Charges. The amount of the late charge to be paid to Landlord by Tenant on any delinquent Base Rent and/or Additional Charges shall be reassessed and added to Tenant’s obligation for each successive monthly period accruing after the date on which the late charge is initially imposed until such late charge and all delinquent Base Rent and Additional Charges have been paid in full by Tenant. Tenant agrees that such amount is a reasonable estimate of the loss and expense to be suffered by Landlord as a result of any such late payment by Tenant. The provisions of this Section 3.3 in no way relieve Tenant of the obligation to pay Base Rent or Additional Charges on or before the date on which they are due, nor do the terms of this Section 3.3 in the any way affect Landlord’s remedies pursuant to Article 17 in the event any Base Rent or Additional Charges are unpaid after the due date.

Rent Additional Charges. 3.1 4.1 Tenant shall will pay to Landlord during the Term the annual Base Rent specified in Article 1 as the Basic Lease Information same may be increased pursuant to Section 5.1 (“herein called the "Base Rent”"), which sum shall . The Base Rent will be payable by Tenant in equal consecutive monthly installments on or before the first (1st) day of each month of the Term commencing on the first (1st) day of the first month of the Term month, in advance, at the address specified for Landlord in the Basic Lease InformationArticle 1, or at such other place as Landlord shall designatemay designate in writing, without any prior demand and without any deduction or setoff whatsoever; provided, Tenant shall deliver to Landlord, upon issuance of a building permit for the Tenant Improvements set forth in Exhibit C, Base Rent for the first (1st) month that Base Rent is due under the Leasesetoff. If the Commencement Date should occur on a day other than the first day of a calendar month, or the Expiration Date should occur occurs on a day other than the last day of a the calendar month, then the rental for such fractional month shall will be prorated upon a daily basis based upon on a thirty (30) day month. 3.2 4.2 Tenant shall pay to Landlord all charges and other amounts required under this Lease (herein called "Additional Charge") as additional rent hereunder (“Additional Charges”)rent, including including, without limitation limitation, the charges for Excess Real Estate Taxes and Expenses Insurance provided for in Article 46. All such amounts and charges shall Additional Charges will be payable to Landlord as additional rent at the place where the Base Rent is payable. Landlord shall will have the same remedies for a default in the payment of any Additional Charges as for a default in the payment of Base Rent. 3.3 4.3 If Tenant recognizes that late payment of fails to pay any Base Rent or Additional Charges will result in additional administrative expense to Landlord and will impair Landlord’s ability to meet its obligations with respect to the Building and otherwise, the exact extent of which additional expenses and impairment will be extremely difficult or impractical to determine. Tenant therefore agrees that if any Base Rent and/or Additional Charges remain unpaid for a period of five (5) within seven days after the date the same is duedue and payable, the amount of such unpaid Base Rent and/or Additional Charges shall amounts will be increased by subject to a late payment charge to be paid to Landlord by Tenant in an amount equal to five six percent (56%) of the amount unpaid amounts in each instance. Tenant shall be entitled to only one (1) notice of the past due Base Rent and/or Additional Chargeslate payment in any twelve (12) month period. The amount of Tenant shall have five (5) calendar days after such notice to make full payment to Landlord. If such payment is not received within such five (5) day period, the late charge to be paid to Landlord by Tenant on any delinquent Base Rent and/or Additional Charges shall be reassessed due and added payable. After one (1) such notice is given by Landlord in any twelve (12) month period, all subsequent late payments during the subsequent twelve (12) month period shall be subject to Tenant’s obligation for each successive monthly period accruing after the date on which the late payment charge is initially imposed until such without notice. The late payment charge has been agreed upon by Landlord and all delinquent Base Rent and Additional Charges have been paid in full by Tenant. Tenant agrees that such amount is , after negotiation, as a reasonable estimate of the loss additional administrative costs and expense to detriment that will be suffered incurred by Landlord as a result of any such failure by Tenant, the actual costs thereof being extremely difficult if not impossible to determine. The late payment charge constitutes liquidated damages to compensate Landlord for its damages resulting from such failure to pay and shall be paid to Landlord together with such unpaid amounts. Acceptance of such late payment charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount or prevent Landlord from exercising any of the other rights or remedies granted under this Lease. 4.4 Any amount due to Landlord, if not paid when due, shall bear interest from the date due until paid at the highest rate legally permitted; provided that interest shall not be payable on late charges incurred by Tenant nor any amounts upon which late charges are paid by Tenant to the extent such interest would cause the total interest to be in excess of that legally permitted. Payment of interest shall not excuse or cure any default hereunder by Tenant. The provisions of this Section 3.3 in no way relieve Tenant of the obligation to pay Base Rent or Additional Charges on or before the date on which they are due, nor do the terms of this Section 3.3 in the any way affect Landlord’s remedies pursuant to Article 17 in the event any Base Rent or Additional Charges are unpaid after the due date.

Rent Additional Charges. 3.1 4.1 Tenant shall will pay to Landlord during the Term the annual Base Rent specified in Article 1 as the Basic Lease Information same may be adjusted pursuant to Section 4.2 (“herein called the "Base Rent”"). Commencing on the Rent Commencement Date, which sum shall the Base Rent will be payable by Tenant in equal consecutive monthly installments installments, as specified in Article 1, on or before the first (1st) day of each month of the Term commencing on the first (1st) day of the first month of the Term month, in advance, at the address specified for Landlord in the Basic Lease InformationArticle 1, or at such other place as Landlord shall designatemay designate in writing, without any prior demand and without any deduction deductions or setoff whatsoever; providedsetoff, Tenant shall deliver to Landlord, upon issuance of a building permit for the Tenant Improvements set forth in Exhibit C, Base Rent for the first (1st) month that Base Rent is due under the Leaseexcept as expressly specified herein. If the Rent Commencement Date should occur occurs on a day other than the first day of a calendar month, or the Expiration Date should occur occurs on a day other than the last day of a calendar month, then the rental for such fractional month shall will be prorated upon a daily basis based upon on a thirty (30) day month. 3.2 4.2 Tenant shall pay to Landlord all charges and other amounts required under this Lease (herein called "Additional Charges") as additional rent hereunder (“Additional Charges”)rent, including including, without limitation limitation, the charges for Excess Taxes and Expenses as provided for in Article 45. All such amounts and charges shall Additional Charges will be payable to Landlord as additional rent at the place where the Base Rent is payable. Landlord shall will have the same remedies for a default in the payment of any Additional Charges as for a default in the payment of Base Rent. 3.3 4.3 If Tenant recognizes that late payment of fails to pay any Base Rent or Additional Charges will result in additional administrative expense to Landlord and will impair Landlord’s ability to meet its obligations with respect to the Building and otherwise, the exact extent of which additional expenses and impairment will be extremely difficult or impractical to determine. Tenant therefore agrees that if any Base Rent and/or Additional Charges remain unpaid for a period of within five (5) days after the date the same is duedue and payable, the amount of such unpaid Base Rent and/or Additional Charges shall amounts will be increased by subject to a late payment charge to be paid to Landlord by Tenant in an amount equal to the greater of five hundred dollars ($500) or five percent (5%) of the amount of the past due Base Rent and/or Additional Chargesunpaid amounts in each instance. The amount of the late payment charge to be paid to has been agreed upon by Landlord by Tenant on any delinquent Base Rent and/or Additional Charges shall be reassessed and added to Tenant’s obligation for each successive monthly period accruing , after the date on which the late charge is initially imposed until such late charge and all delinquent Base Rent and Additional Charges have been paid in full by Tenant. Tenant agrees that such amount is negotiation, as a reasonable estimate of the loss additional administrative costs and expense to detriment that will be suffered incurred by Landlord as a result of any such failure by Tenant, the actual costs thereof being extremely difficult if not impossible to determine. The late payment charge constitute liquidated damages to compensate Landlord for its damages resulting from such failure to pay and shall be paid to Landlord together with such unpaid amounts. Acceptance of such late payment charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights or remedies granted under this Lease. 4.4 Any amount due to Landlord, if not paid when due, shall bear interest from the date due until paid at the highest rate legally permitted; provided that interest shall not be payable on late charges incurred by Tenant nor on any amounts upon which late charges are paid by Tenant to the extent such interest would cause the total interest to be in excess of that legally permitted. Payment of interest shall not excuse or cure any default hereunder by Tenant. The provisions of this Section 3.3 in no way relieve Tenant of the obligation to pay Base Rent or Additional Charges on or before the date on which they are due, nor do the terms of this Section 3.3 in the any way affect Landlord’s remedies pursuant to Article 17 in the event any Base Rent or Additional Charges are unpaid after the due date.