Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction or offset, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord’s address designated in Section 1 above unless Landlord designates otherwise; provided that Monthly Rent for the first full month (after the Free Rent Period) shall be paid at the signing of this Lease. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to 5% of any Rent not paid within 5 days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlord. In addition, any Rent, including such charge, not paid within 5 days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquent all taxes levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenant; or (c) Tenant’s property and trade fixtures. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction or offset, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord’s address designated in Section 1 above unless Landlord designates otherwise; provided that Monthly Rent for the first full month (after the Free Rent Period) such rent is due shall be paid at the signing of this Lease. If the Commencement Date is not the first day of the month, the Monthly Rent (including Tenant’s Share of Annual Operating Expenses) for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to 5% of any Rent not paid within 5 days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlord. In addition, any Rent, including such charge, not paid within 5 days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquent all taxes levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s property and trade fixturesproperty. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease, provided that Tenant shall have the right to contest the amount or application of any such applied tax to the taxing authority, at Tenant’s expense, and receive any refund obtained through such contest.
Appears in 2 contracts
Samples: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction or offset, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord’s address designated together with monthly installments of the Real Estate Taxes & Insurance as set forth in Section 1 above unless Landlord designates otherwise; provided that 6 below, to Landlord. In addition, the Monthly Rent for the first full month (after the Free Rent Period) shall be paid at the signing of this Lease. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to 5% of any Rent not paid within 5 10 days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlord. In addition, any Rent, including such charge, not paid within 5 10 days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquent all taxes levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s property and trade fixturesproperty. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Jagged Peak, Inc.)
Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction or offset, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first (1st) day of each calendar month during the Term, at Landlord’s address designated in Section 1 above unless Landlord designates otherwise; provided that Monthly Rent for the first (1st) full month (after the First Free Rent Period) (i.e., the month of May 2022) shall be paid at the signing of this Lease. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to five percent (5% %) of any Rent not paid within 5 five (5) days after the date duewritten notice from Landlord of such delinquency, provided provided, however, that for the first Landlord shall not be required to provide such instance notice more than one (1) time in any calendar year that Rent is not paid when duetwelve (12) month period (and thereafter during such twelve (12) month period, such service and handling charge shall not may be assessed unless such by Landlord on any Rent remains unpaid for not paid by Tenant within five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlordthe date due). In addition, any Rent, including such charge, not paid within 5 five (5) days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquent all taxes levied or assessed uponupon Tenant, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s property and trade fixturesProperty (as hereinafter defined). Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (QuantumScape Corp)
Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction or offset, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord’s address designated in Section 1 above unless Landlord designates otherwise; provided that Monthly Rent for the first full month (after following the Free Rent Period) Abatement Period shall be paid at the signing of this Lease. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to 5% of any Rent not paid within 5 days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlord. In addition, any Rent, including such charge, not paid within 5 days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquent all taxes levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s property and trade fixturesproperty. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease.
Appears in 1 contract
Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction or offsetoffset (except as expressly set forth in Section 33), Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord’s 's address designated in Section 1 above unless Landlord designates otherwise; provided that Monthly Rent for the first full month (after the Free Rent Period) shall be paid at the signing of this Lease. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to 53% of any Rent not paid within 5 days after the date due, provided that due for the first (1st) two (2) such instance in payments of Rent during any calendar year that Rent is consecutive twelve (12) month period not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) within 5 days after Tenant’s receipt the date due; and thereafter for the twelve (12) month period following such second (2nd) late payment, 5% of written notice any such payments of such nonpayment from LandlordRent not paid within 5 days after the date due. In addition, any Rent, including such charge, not paid within 5 days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquent all taxes levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s 's business; (b) Tenant’s 's leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s 's property and trade fixturesincome. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease; provided, however, that the foregoing shall not obligate Tenant to pay any inheritance, estate, succession, mortgage, transfer, gift, corporation, partnership, franchise, excess profits or corporate capital stock tax imposed or assessed upon Landlord. 6.
Appears in 1 contract
Samples: Lease Agreement (Intest Corp)
Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction or offset, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord’s address via ACH, as designated in Section 1 l(h) above unless Landlord designates otherwise; provided that the Monthly Rent for the first full month (after the Free Rent Period) shall be paid at the signing of this Lease. If the Rent Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Rent Commencement Date. Tenant shall pay Landlord a service and handling charge equal to 5% of any Rent not paid within 5 days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlord. In addition, any Rent, including such charge, not paid within 5 days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquent all taxes levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s property and trade fixturesproperty. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease.
Appears in 1 contract
Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction or offset, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord’s address designated in Section 1 above unless Landlord designates otherwise; provided that Monthly Rent for the seventh (7th) month of the first full month (after the Free Rent Period) Lease Year shall be paid at within ten (10) days after the signing of this LeaseCommencement Date. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to 5% of any Rent not paid within 5 ten (10) days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlord. In addition, any Rent, including such charge, not paid within 5 fifteen (15) days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquent all taxes levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s property and trade fixturesproperty. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Shutterfly Inc)
Rent Taxes. Tenant Xxxxxx agrees to pay to Landlord, without demand, deduction or offsetoffset (except as expressly set forth herein), Minimum Annual Rent (subject to the Free Rent Period) and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at LandlordXxxxxxxx’s address designated in Section 1 above unless Landlord designates otherwise; provided that Monthly Rent for the first full month (after the Free Rent Period) shall be paid at the signing of this Lease. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to 5% of any Rent not paid within 5 days after the date duewritten notice from Landlord, provided however, that for the first Landlord shall not be required to provide such instance notice more than one (1) time in any calendar year that Rent is not paid when duetwelve (12) month period (and thereafter, such service and handling charge shall not may be assessed unless such by Landlord on any Rent remains unpaid for not paid by Tenant within five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlordthe date due). In addition, any Rent, including such charge, not paid within 5 days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquent all taxes levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s property and trade fixtures. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Penumbra Inc)
Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction or offset, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord’s 's address designated in Section 1 above unless Landlord designates otherwise; provided that Monthly the Minimum Annual Rent for the first full month year (after including the Free Rent Period) shall be paid at the signing of this LeaseLease (i.e., $108,007.10). If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to 5% of any Rent not paid within 5 days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlord. In addition, any Rent, including such charge, not paid within 5 days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquent all taxes levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s 's business; (b) Tenant’s 's leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s 's property and trade fixtures. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (electroCore, Inc.)
Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction deduction, setoff, counterclaim or offset, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord’s address designated in Section 1 above unless Landlord designates otherwise; provided that Monthly Rent for the first sixth full month (after the Free Rent Period) shall be paid at the signing of this Lease. .. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to the lesser of $500.00 or 5% of any Rent not paid within 5 business days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlord. In addition, any Rent, including such charge, not paid within 5 business days after the due date will bear interest at the Interest Rate from the date sixth (6th) business day following the due to the date paid. Tenant shall pay before delinquent all taxes levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s property and trade fixturespersonal property. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease.
Appears in 1 contract
Rent Taxes. (a) Tenant agrees to pay to Landlord, without demand, deduction or offsetoffset other than as expressly set forth in this Lease, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the TermTerm to an account designated by Landlord. In addition, at Landlord’s address designated in Section 1 above unless Landlord designates otherwise; provided that the Monthly Rent for the first full month (after the Free Rent Period) shall be paid at within five (5) days after the signing satisfaction or waiver by Landlord of this Leasethe Lease Contingency set forth in Section 37 below. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis at a daily rate equal to the Monthly Rent for the first month of the Term multiplied by a fraction, the numerator of which is one (1) and the denominator of which is the number of days in the calendar month in which the Commencement Date occurs, and such amount shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to five percent (5% %) of any Rent not paid within 5 days five (5) Business Days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlord. In addition, any regularly scheduled installment of monthly Rent, including such charge, not paid within 5 days five (5) Business Days after the due date will bear interest at the Interest Rate from the date due to the date paid. ; provided, however that such charge shall not be assessed unless and until Tenant shall pay before delinquent all taxes levied or assessed uponhave failed to make payment of any regularly scheduled installment of monthly Rent after notice and within such grace period more than once in any twelve (12) month period, measured by, or arising from: and thereafter such charge shall be payable in the instance of a delinquency in the payment of any regularly scheduled installment of monthly Rent greater than five (a5) the conduct of Tenant’s business; Business Days within such twelve (b12) Tenant’s leasehold estate month period. Notwithstanding anything to the extent assessed upon Tenant; or (c) Tenant’s property and trade fixtures. Additionallycontrary contained in this Lease, Tenant shall have the right to make any payment under this Lease “under protest” and, if Tenant makes payment of such sums under protest, such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of Tenant to institute suit for the recovery of such sum. Notwithstanding the foregoing to the contrary, if such suit is not commenced within one hundred twenty (120) days after the payment under protest has been made, the cause of action shall be deemed waived. If Tenant commences such suit within the required time period, and it shall be adjudged by a court of competent jurisdiction that there was no legal obligation on the part of Tenant to pay such sum or any part thereof, Tenant shall be entitled to Landlord all sales, use, transaction privilege, recover such sum or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant so much thereof as it was not legally required to pay under the provisions of this Lease.
Appears in 1 contract
Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction or offset, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord’s address designated in Section 1 above unless Landlord designates otherwise; provided that Monthly Rent for the first third full month (after the Free Rent Period) shall be paid at the signing of this Lease. If Notwithstanding anything contained in this Lease to the contrary, if the Commencement Date is does not occur on the first day of the a calendar month, then (i) the Monthly Rent for that partial calendar month (“Partial Month”) in which the Commencement Date occurs shall be apportioned appropriately prorated on a per diem basis at the rate of $11,899.27 per day and shall be paid by Tenant to Landlord on or before the Commencement Date, and (ii) Tenant shall not be responsible for paying Landlord monthly installments of Minimum Annual Rent for the Premises for the period (“Abatement Period”) commencing on the first day of the first full calendar month following the Partial Month and expiring on the last day of the second full calendar month following the Partial Month, as set forth in Section 1(f) of this Lease, provided, however, that Tenant shall be responsible for paying Landlord monthly installments of Annual Operating Expenses for the Premises in the amount of $46,881.31 (subject to adjustment as provided in this Lease) during such Abatement Period, as set forth in Section 1(g) of this Lease. Tenant shall pay Landlord a service and handling charge equal to 5% of any Rent not paid within 5 days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlord. In addition, any Rent, including such charge, not paid within 5 days after the due date will bear interest at the Interest Rate from the date due to the date paid. Notwithstanding the foregoing, with respect to the first two late payments in any 12 consecutive month period, no service and handling charge or interest shall be assessed if Landlord receives such late payment within 5 days after Tenant’s receipt of written notice from Landlord that such payment has not been timely received. Tenant shall pay before delinquent all taxes or other charges levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s property and trade fixturesproperty. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease, excluding any inheritance, estate, succession, transfer, gift, income, franchise, corporate and/or excise taxes imposed upon Landlord.
Appears in 1 contract
Samples: Lease Agreement (Zulily, Inc.)
Rent Taxes. Tenant agrees to pay to Landlord, without demand, deduction or offset, Minimum Annual Rent and Annual Operating Expenses for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord’s address Term to an account designated in Section 1 above by Landlord via the Authorization For Automatic Payments form attached as Exhibit “D” (unless Landlord designates otherwise; provided that ) and which Authorization For Automatic Payments shall be executed by Tenant simultaneously with the execution of this Lease. In addition, the Monthly Rent for the first full month (after the Free Rent Period) shall be paid at the signing of this Lease. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis at the rate of $2,216.83 per day and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to 5% of any Rent not paid within 5 five (5) business days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlord. In addition, any Rent, including such charge, not paid within 5 five (5) business days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquent all taxes or other charges levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s property and trade fixturesproperty. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease. Landlord shall timely pay any and all applicable taxes for which it is responsible for hereunder.
Appears in 1 contract
Samples: U.S. Auto Parts Network, Inc.
Rent Taxes. This is a “triple net” lease and the Minimum Annual Rent payments due from Tenant do not include any Annual Operating Expenses, other additional Rent, or utilities, which amounts are Tenant’s responsibility as set forth herein. Accordingly, Tenant agrees to pay to Landlord, without demand, deduction or offset, Minimum Annual Rent and Rent, Annual Operating Expenses for Expenses, and other additional Rent (collectively, the Term. Tenant shall pay the “Monthly Rent”), in advance, on the first day of each calendar month during the Term, at to Landlord’s address designated in Section 1 above set forth on the “Payment Rider” attached hereto as Exhibit “E” (unless Landlord designates otherwise; provided that Monthly Rent for the first full month ) or if required by Landlord to an account selected by Landlord by direct payment, in which event Tenant shall execute and deliver a direct payment authorization within five (5) days after the Free Rent Period) shall be paid at the signing receipt of this LeaseLandlord’s notice. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to five percent (5% %) of any Rent not paid within 5 days after the date due, provided that for the first such instance in any calendar year that Rent is not paid when due, such service and handling charge shall not be assessed unless such Rent remains unpaid for five (5) days after Tenant’s receipt of written notice of such nonpayment from Landlordthe date due. In addition, any Rent, including such charge, not paid within 5 five (5) days after the due date will bear interest at the at the rate of One and One-Half Percent (11/2%) per month (the “Interest Rate Rate”) from the date due to the date paid. Tenant shall pay before delinquent all taxes or other charges levied or assessed upon, measured by, or arising from: (a) the conduct of Tenant’s business; (b) Tenant’s leasehold estate to the extent assessed upon Tenantestate; or (c) Tenant’s property and trade fixturesproperty. Additionally, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount payable by Tenant under this Lease. “Rent” means the Minimum Annual Rent, Annual Operating Expenses, and any other additional amounts payable by Tenant to Landlord under this Lease.
Appears in 1 contract