Rent. (a) The rent reserved under this Lease for the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term. (b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same. (c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid. (d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank. (e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”). (f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 3 contracts
Samples: Lease Agreement (Reliant Pharmaceuticals, Inc.), Lease Agreement (Reliant Pharmaceuticals, Inc.), Lease Agreement (Reliant Pharmaceuticals, Inc.)
Rent. (a) The Lessee shall pay Lessors rent reserved under this Lease for the Term hereof shall be and consist use of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable Equipment pursuant to the terms of this Lease Paragraph 3 (“Rent”). Rent shall accrue during the Initial Term, and all charges for services and utilities Lessee shall pay Lessors Rent attributable to the Initial Term at the expiration of the Term (in connection with Lessee’s payment under its purchase obligation pursuant to Paragraph 15 hereof7 below), subject to Lessee’s right to pay Rent currently as it accrues. Lessee shall pay Rent to Lessors on a quarterly basis during each of the First Renewal Term, the Second Renewal Term and the Third Renewal Term, in each case if Lessee exercises the applicable renewal option. Rent during the Initial Term shall be equal to an annual rate of twelve percent (12%) of the Purchase Price (as defined in the Sale and Leaseback Agreement, taking into account the dates on which each installment of the Purchase Price is actually paid to Lessee), compounded quarterly. The Rent during the First Renewal Term shall be equal to an annual rate of thirteen percent (13%) of the Purchase Price (compounded quarterly if Lessee fails to pay Rent currently as required by this Paragraph 3). Rent during the Second Renewal Term shall be equal to an annual rate of fourteen percent (14%) of the Purchase Price (compounded quarterly if Lessee fails to pay Rent currently as required by this Paragraph 3). Rent during the Third Renewal Term shall be equal to an annual rate of fifteen percent (15%) of the Purchase Price (compounded quarterly if Lessee fails to pay Rent currently as required by this Paragraph 3). If any Rent or other charges amount payable by Lessee is not paid within five days after the day on which it becomes payable, Lessee will pay on demand, as shall become due and payable hereundera late charge, which Additional an amount equal to 5% of such unpaid Rent or other amount but only to the extent permitted by applicable law. All payments provided for herein shall be payable to Lessors at the address specified in Paragraph 23 below, or at any other place designated by Lessors. For purposes of calculating the amount of Rent that accrues during any period, the Purchase Price shall be reduced by 100/105ths of any amounts treated as hereinafter provideda reduction of Exercise Price in accordance with the last sentence of Paragraph 7 below, all to be as of the date such amounts are paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the TermLessors.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 3 contracts
Samples: Lease Agreement (PLM Equipment Growth & Income Fund Vii), Lease Agreement (PLM Equipment Growth Fund Vi), Lease Agreement (PLM Equipment Growth Fund V)
Rent. (a) The rent reserved under this Lease for Sublessee shall pay to Sublessor the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the following base rent for the partial month commencing on Subleased Premises (the “Base Rent”). The Base Rent Commencement Date and the Extra Rent (as defined below) shall be appropriately pro-rated on collectively referred to in this Sublease as the basis of the monthly rent payable during the first year of the Term“Rent”.
(b) Tenant does hereby covenant and agree promptly Notwithstanding anything set forth herein to pay the Fixed contrary, Sublessee shall be responsible for paying, as “Extra Rent, ,” for the cost of Sublessee’s pro rata share of the Additional Rent set forth in the Prime Lease that is required to be paid by Sublessor, excluding (i) any such Extra Rent relating solely to any portion of the Premises that does not include the Subleased Premises or which is solely for Sublessor’s benefit and (ii) any other charges herein reserved as and when the same shall become due and payableExtra Rent relating to Laboratory Support Expenses. For clarity, without demand thereforSublessee, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified hereinat its expense, shall be due responsible to provide janitorial services, telecommunications, information technology, security and payable within fifteen (15) days alarm systems to the Subleased Premises. Any systems that pertain to the foregoing that are installed by Sublessee shall be removed at the end of delivery by Landlord to Tenant Sublessee’s occupancy of notice the Subleased Premises Sublessor’s pro rata share of the Additional Rent for the Building is [16.60%], which is approximately [51.15%] of Sublessor’s pro rata share of the Additional Rent. For avoidance of doubt, Sublessee shall not be responsible to pay for any portion of Extra Rent relating to any time prior to the sameRent Commencement Date.
(c) In Sublessee shall begin paying Rent to Sublessor on the event date that any payment of Fixed Rent, Additional Rent or any other charges shall be paid is one (1) month after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx and shall not be obligated owe Rent to pay Sublessor for any period prior to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date. All monthly payments of Rent and Extra Rent are due and payable in advance on the first day of each calendar month, without demand, deduction, counterclaim or setoff, except as set forth or incorporated herein. Rent for any partial month shall be prorated and paid on the first business day of such month. Sublessee shall make all payments required by this Sublease by wire transfer.
(d) Upon the payment of any amount of the Building Allowance (as defined in the Work Letter) for the Improvements (as defined in the Work Letter), the annual Base Rent shall be increased by the total amount drawn by the Sublessee (the “Building Allowance Drawn”), amortized (without interest) on a straight-line basis over the balance of the Term commencing as of the Rent Commencement Date (the aggregate of which is hereinafter referred to as the “Aggregate Building Allowance Drawn”) such that the full amount of the Aggregate Building Allowance Drawn shall be reimbursed by the Sublessee to Sublessor as of the last regularly scheduled Base Rent payment of the Term.
Appears in 2 contracts
Samples: Sublease Agreement (CM Life Sciences III Inc.), Sublease Agreement (Surface Oncology, Inc.)
Rent. (a) The In consideration of this Lease, during the Term, Lessee shall pay to Lessor the amounts set forth in Exhibit C as annual basic rent reserved under this Lease for the Term hereof Premises (“Basic Rent”). Lessee shall pay Basic Rent and all other sums payable to Lessor hereunder to Lessor (or, upon Lessor’s request, to any mortgagee(s) or beneficiary(ies) identified by Lessor (whether one or more, the “Mortgagee”) under any mortgages, deeds of trust or similar security instruments creating a lien on the interest of Lessor in the Premises (whether one or more, the “Mortgage”)) by wire or ACH transfer, in immediately available funds, as follows: The PrivateBank and Trust Company Chicago, Illinois ABA#: 071 006 486 Account#: Acct Name: NL Ventures VII, L.P. Attention: Xxxx Xxxxx (000) 000-0000, or at such other address or to such other person as Lessor from time to time may designate. Lessor shall give Lessee not less than fifteen (15) days prior written notice of any change in the address to which such payments are to be made. If the party entitled to receive Basic Rent or such party’s address shall change, Lessee may, until receipt of notice of such change from the party entitled to receive Basic Rent or other sums payable hereunder immediately preceding such change, continue to pay Basic Rent and other sums payable hereunder to the party to which, and in the manner in which, the preceding installment of Basic Rent or other sums payable hereunder, as the case may be, was paid. Such Basic Rent shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments in advance, advance on the first day of each and every calendar month month, except for any Basic Rent due for the rental of the Premises during the Interim Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, in advance on or before the date hereof. Any rental payment made in respect of a period which is less than one month shall be prorated by multiplying the then applicable monthly Basic Rent by a fraction the numerator of which is the number of days in such month with respect to which rent is being paid and the denominator of which is the total number of days in such month. Lessee shall perform all to be paid to Landlord its obligations under this Lease at its office stated abovesole cost and expense, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date and shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed all Basic Rent, Additional Rent and any other charges herein reserved as and sums payable hereunder when the same shall become due and payable, without demand therefor, and without any set-off notice or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the samedemand.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Lease Agreement (Gordmans Stores, Inc.), Lease Agreement (Gordmans Stores, Inc.)
Rent. Lessee shall make the following rental payments to Lessor:
(a) The Lessee covenants and agrees to pay Lessor as rent reserved under this Lease hereunder for the Demised Premises during the Initial Term hereof shall be and consist of a monthly rent as follows: $6,000/MONTH FOR THE FIRST 5 YEARS (a60 MONTHS). INCREASE BY 10% TO $6,600/MONTH STARTING WITH OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2007.
(b) the Fixed Rent payable in equal monthly installments in advance, is due on the first day of each and every calendar month during month. Rents received after the Term tenth (subject to Paragraphs (e) and (f10th) of any month will include a $25 late fee. Rent not received by the last day of the month will be cause to void this Paragraph 2); plus (b) Lease Agreement. All rents shall be paid to Lessor without demand and without set-off at the offices of XXXXXXXXXX XXXXXX CONSTRUCTION CO., INC., 00000 XXXXXXX XX., KNOXVILLE, TN 37932 or at such additional rent (“Additional Rent”) other address as Lessor may from time to time designate to Lessee by notice in an amount equal the manner hereinafter provided. All taxes, charges, costs and expenses which Lessee is required to Tenant’s Proportionate Share pay pursuant to SECTION 3.01 or other sections hereof, together with all interest and penalties that may accrue thereon in the event of Expenses (as Lessee's failure to pay such terms are defined in Paragraph 3 amounts, and all damages, costs and expenses which Lessors may incur by reason of any default of Lessee or failure on Lessee's part to comply with the term of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due deemed to be additional rent hereunder (hereinafter called the "Additional Rent"), and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In in the event that any payment of Fixed Rentnonpayment by Lessee within the time period set forth above, Additional Rent or any other charges Lessor shall be paid after have all the due date for same provided herein, Tenant shall pay, together rights and remedies with such payment, the Late Charge and interest at 12% per annum for such unpaid amount respect thereto as Lessor have for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy nonpayment of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)above specified monthly rental.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Lease Agreement (Acme Television LLC), Lease Agreement (Acme Intermediate Holdings LLC)
Rent. (ai) The rent reserved under this Lease Base Rent rate(s) per rentable square foot for the Term hereof Expansion Space shall be the same as the Base Rent rate(s) per rentable square foot for the initial Subleased Premises on the date the term for the Expansion Space commences, and consist shall increase at such times and in such amount as Base Rent for the initial Subleased Premises, it being the intent of Sublandlord and Subtenant that the Base Rent rate(s) per rentable square foot for the Expansion Space shall always be the same as the Base Rent rate(s) per rentable square foot for the initial Subleased Premises, subject to abatement as expressly set forth in Section 6(d)(ii), below.
(aii) Subtenant shall pay Operating Costs for the Fixed Expansion Space on the same terms and conditions set forth in Section 4 of this Sublease, provided that Subtenant's Percentage Share shall be increased appropriately to account for the addition of the Expansion Space.
(iii) The Security Deposit will be increased by an amount equal to:
(A) if Subtenant delivers its Exercise Notice prior to the first (1st) anniversary of the Commencement Date, six (6) months' Base Rent initially payable for the Expansion Space; or
(B) if Subtenant delivers its Exercise Notice following the first (1st) anniversary of the Commencement Date, (x) six (6) months Base Rent payable for the Expansion Space multiplied by (y) a fraction, the numerator of which is the number of complete or partial calendar months remaining in equal monthly installments in advance, on the first day of each and every calendar month during the Term as of the date Subtenant delivers its Exercise Notice and the denominator of which is forty (40) (the "Fraction"). Subtenant will deliver such increased portion of the Security Deposit prior to Subtenant's occupancy of the Expansion Space (but Subtenant's failure to timely deliver such increased portion of the Security Deposit will not postpone the commencement of Subtenant's obligation to pay Base Rent for the Expansion Space). Any such additional Security Deposit will be subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in reduction to an amount equal to Tenant’s Proportionate Share forty percent (40%) of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable the initial additional Security Deposit amount as, when and if the initial Security Deposit is reduced pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated Section 5(c) above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Sublease Agreement (Epocrates Inc), Sublease Agreement (Epocrates Inc)
Rent. (a) The Tenant covenants to pay to Landlord, as rent reserved under for the Premises during the Interim Term, the Primary Term and each Extended Term of this Lease for (if Tenant extends the Term hereof shall be and consist of (ain accordance with Paragraph 4) the Fixed Rent payable amounts set forth on EXHIBIT 5 attached hereto (herein called the "Basic Rent") in equal monthly installments installments, in advance, on the first day of each and every calendar month during (herein called the Term (subject to Paragraphs (e"BASIC RENT PAYMENT DATES") and (f) by wire or other electronic transfer of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant immediately available funds to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, the address set forth above or to such other person or such other place or account as Landlord from time to time may designate, designate to Tenant in lawful money of the United States of Americawriting; provided, however, Landlord may designate to Tenant in writing that if the Rent Commencement Date shall occur on a date other all but not less than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis all of the monthly rent payable during the first year of the TermBasic Rent be paid directly to a Mortgagee (as defined in Subparagraph 23(a)) or an institutional payment agent.
(b) Tenant does hereby covenant covenants that all other amounts, liabilities and agree promptly obligations which Tenant assumes or agrees to pay the Fixed Rentor discharge pursuant to this Lease together with every fine, Additional Rent penalty, interest and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off cost which may be added for nonpayment or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified hereinlate payment thereof, shall be due and payable within fifteen constitute additional rent hereunder (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) herein called "ADDITIONAL RENT"). In the event that of any payment of Fixed failure by Tenant to pay or discharge any Additional Rent, Additional Rent or any other charges Landlord shall be paid after the due date for same have all rights, powers and remedies provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to law in the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated case of nonpayment of Basic Rent. Tenant further covenants to pay to Landlord the monthly Fixed on demand interest on all Basic Rent and Additional Rent due to Landlord from the Commencement Date date due until such amount is paid in full at the earlier per annum rate of interest (ithe "DEFAULT RATE") equal to the date that annual "prime rate" identified in the Demised Premises are substantially completed and a certificate "Money Rates" column in the Wall Street Journal (temporary the "PRIME RATE") plus four percent (4%), but in no event shall the Default Rate exceed the maximum rate permitted by law. If the Wall Street Journal is no longer published or final) of occupancy has been issued by appropriate governmental authority permitting occupancy the Wall Street Journal discontinues publication of the Demised Premises, or (ii) March 1, 2001 ("prime rate," then Landlord shall designate a reasonably comparable source to identify the “Rent Commencement Date”)Prime Rate.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Lease Agreement (Radioshack Corp), Purchase and Sale Agreement (Radioshack Corp)
Rent. 7.1. Tenant shall pay to Landlord as Base Rent for the Premises, commencing on (a) The rent reserved under this Lease for with respect to the Original Premises, July 1, 2015 (the “Rent Commencement Date”) and (b) with respect to the Expansion Space, twelve (12) months following the Term hereof Commencement Date (the “Expansion Space Rent Commencement Date”), the sums set forth in Section 2.3, subject to the rental adjustments provided in Article 8 hereof. Base Rent shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments as set forth in advanceSection 2.3, subject to the rental adjustments provided in Article 8 hereof, each in advance on the first day of each and every calendar month during the Term (subject Term.
7.2. In addition to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such Base Rent, Tenant shall pay to Landlord as additional rent (“Additional Rent”) at times hereinafter specified in an amount equal to this Lease (a) Tenant’s Proportionate Share (as defined below) of Operating Expenses (as such terms are defined in Paragraph 3 of this Leasebelow), including the Property Management Fee (as defined below) as may be payable pursuant and (b) any other amounts that Tenant assumes or agrees to pay under the terms provisions of this Lease that are owed to Landlord, including any and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall sums that may become due by reason of any default of Tenant or failure on Tenant’s part to comply with the agreements, terms, covenants and payable hereunderconditions of this Lease to be performed by Tenant, which after notice and the lapse of any applicable cure periods.
7.3. Base Rent and Additional Rent shall together be payable as hereinafter provided, all to denominated “Rent.” Rent shall be paid to Landlord at its office stated aboveLandlord, without abatement, deduction or such other place as Landlord may designateoffset, in lawful money of the United States of AmericaAmerica at the office of Landlord as set forth in Section 2.8 or to such other person or at such other place as Landlord may from time designate in writing. In the event the Term commences or ends on a day other than the first day of a calendar month, then the Rent for such fraction of a month shall be prorated for such period on the basis of the number of days in the month and shall be paid at the then-current rate for such fractional month.
7.4. Except as otherwise expressly set forth herein, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by (a) any Applicable Laws now or hereafter applicable to the Premises, (b) any other restriction on Tenant’s use, (c) except as expressly provided herein, any casualty or taking or (d) any other occurrence; and in all events Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover rent. Tenant’s obligation to pay Rent with respect to any period or obligations arising, existing or pertaining to the period prior to the date of the expiration or earlier termination of the Term or this Lease shall survive any such expiration or earlier termination; provided, however, that if nothing in this sentence shall in any way affect Tenant’s obligations with respect to any other period.
7.5. Upon the Rent Commencement Date shall occur on a date other than the first calendar day occurrence of a monthany Default by Tenant under this Lease, the rent for the partial month commencing on the abatement of Base Rent Commencement Date provided herein shall automatically and forever terminate, and Tenant shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly required to pay the Fixed Rent, Additional full Base Rent provided herein from and any other charges herein reserved as and when after the same shall become due and payable, without demand therefor, and Term Commencement Date without any set-off or deduction abatement whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)
Rent. 3.1 Tenant shall pay to Landlord as rent (athe “Rent”) The rent reserved under this Lease for the Premises during Term hereof the Rent identified on Exhibit L.
3.2 The Rent shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on within five (5) days of the first day of each and every calendar month during the Term Term, without previous demand therefor and without offset or deduction of any kind whatsoever, except as herein specifically set forth. Notwithstanding the foregoing, Tenant shall pay the first month’s installment of Rent within five (subject to Paragraphs (e5) and (f) days of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms execution of this Lease and all charges and, if the Commencement Date occurs on other than the first day of a calendar month, Tenant shall pay its pro rata share of Rent for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and such calendar month.
3.3 All Rent payable hereunder, which Additional Rent hereunder shall be made payable as hereinafter provided, all to be paid to Landlord at its office stated aboveand sent to Landlord’s address set forth on the corresponding Exhibit L, or to such other person or persons or at such other place as may be designated by written notice from Landlord to Tenant, from time to time, and shall be made in local currency in which the Premises is located (or as otherwise agreed to by Landlord and Tenant in writing) which shall be legal tender for all debts, public and private. At Tenant’s option, Rent may designate, in lawful money be payable when due by wire transfer or other payment of immediately available funds to an account designated from time to time by Landlord. Landlord shall be deemed to receive such payments when Landlord’s bank actually receives the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent wire transfer from Tenant’s bank for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis account of the monthly rent payable during the first year of the TermLandlord.
(b) 3.4 Tenant does hereby covenant shall remain obligated under this Lease in accordance with its terms and agree promptly shall not take any action to pay the Fixed Rentterminate, Additional Rent and rescind or avoid this Lease except as expressly permitted in this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution or other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by proceeding affecting Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall assignee of Landlord or any action with respect to this Lease which may be paid after the due date for same provided taken by any trustee, receiver or liquidator or by any court. Except as expressly set forth herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of hereby waives all right (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premisesto terminate this Lease, or (ii) March 1to surrender this Lease, 2001 or (iii) to any abatement, deferment, reduction, set-off, counterclaim or defense with respect to any Rent payable hereunder. Except as expressly set forth herein, Tenant shall remain obligated under this Lease in accordance with its terms and Tenant hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Tenant shall be bound by all the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary terms and provisions contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement DateLease.
Appears in 2 contracts
Samples: Master Lease Agreement (Xylem Inc.), Master Lease Agreement (Xylem Inc.)
Rent. (a) 3.1. The rent reserved ("Rent") payable during the Term under this Lease for the Term hereof shall be and consist of the following:
(a) the Fixed Rent payable Base Rent, as defined in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus Schedule C hereto.
(b) such additional rent (“"Additional Rent”") in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of any and all other sums payable by Lessee to Lessor under this Lease) .
3.2. Except as may be payable pursuant to the terms of otherwise specifically provided in this Lease (a) all payments of Base Rent shall be in equal monthly installments and all charges for services and utilities pursuant shall be made in advance on the first (1st) day of each month during the Term, without notice (provided that if the amount of Base Rent is required to Paragraph 15 be calculated by Lessor in accordance with Schedule C hereof, and any other charges as then Lessor shall become due and payable hereundergive Lessee prior written notice of such calculation, which notice shall include an explanation of the basis for such calculation and reasonable backup documentation relating thereto), and (b) all payments of Additional Rent shall be made within 30 days after written notice from Lessor, in each case by check payable as hereinafter providedto the order of "XXXXXX XXXXXXXXXXX" and addressed to Xxxxxx Xxxxxxxxxxx, all to be paid to Landlord at its office stated aboveX.X. Xxx 000, Xxxx Xxxx, Pennsylvania 19424-0003, Attention: Disbursement & Control Dept., or to such other person or at such other place as Landlord Lessor may designatefrom time to time designate in writing.
3.3. Lessee shall pay all Rent when due, in lawful money of the United States which shall be legal tender for the payment of Americaall debts, public and private, at the time of payment. All sums due and payable by Lessor or Lessee pursuant to the terms of this Lease that are not paid within five (5) days of the due date therefor shall from and after the due date bear interest at an annual percentage rate of ten percent (10%). All interest accrued and payable by Lessee under this subsection as hereinabove provided shall be deemed to be Additional Rent payable hereunder and due at such time or times as the rent with respect to which such interest shall have accrued shall be payable under this Lease.
3.4. Lessee agrees to pay, an Additional Rent, any revenue tax or charge, occupancy tax, business privilege tax, business use tax or any other tax that may be levied against the Demised Premises or Lessee's use or occupancy thereof during the Term; provided, however, that if in no event shall Lessee be obligated to pay any income tax that is imposed upon and/or payable by Lessor, and provided further that payments made by Lessee pursuant to this Section 3.4 shall not be duplicative of amounts paid by Lessee pursuant to any other provision of this Lease.
3.5. In the event that Lessee shall dispute any calculation of Rent Commencement Date charged to Lessee by Lessor, then Lessee shall occur on send to Lessor a date other than written notice, within 30 days of receipt by Lessee of such charge, setting forth the first calendar day basis for Lessee's dispute. Lessor and Lessee shall thereupon use reasonable and good faith efforts to resolve such dispute. If the parties are unable to resolve such dispute within 30 days after submission by Lessee of a monthits dispute notice, then the rent for parties shall designate an independent certified public accountant mutually acceptable to both parties (the partial month commencing on "Independent Accountant") to resolve such dispute and the Rent Commencement Date fees and charges of the Independent Accountant shall be appropriately pro-rated on shared equally by the basis parties. Both parties shall provide the Independent Accountant with all information reasonably requested by the Independent Accountant in connection with its review of such dispute, and both parties shall request that the Independent Accountant complete its work expeditiously and issue a written report to both parties setting forth its determination. The written determination of the monthly rent payable during Independent Accountant shall be final and shall be binding upon both Lessor and Lessee. All disputes to be resolved pursuant to this Section 3.5 shall be so resolved in accordance with the first year of the Termprinciples and standards set forth in Section 3.6 below.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed 3.6. All calculations by Lessor of Base Rent, Additional Rent and any other charges herein reserved as and when the same amounts that are payable by Lessee hereunder shall become due and payable, without demand thereforbe made in accordance with Lessor's past practices during calendar year 1994 with respect to Defense Systems, and without any set-off or deduction whatsoever. All Additional Rent all charges and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord allocations relating to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate all accounting practices utilized by Lessor with respect to amounts charged to Lessee under this Lease (temporary or finalincluding the capitalization, amortization and expensing of costs incurred and funds expended) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)shall also be made in such manner.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Assignment and Assumption of Lease (Southern California Microwave Inc), Assignment and Assumption of Lease (Southern California Microwave Inc)
Rent. (a) The rent reserved under this Lease for Sublessee shall pay to Sublessor as the Term hereof shall be minimum monthly rental hereunder the sum of $8,666.67 per month commencing on July 1, 2000 and consist of (a) the Fixed Rent payable in equal monthly installments in advance, continuing on the first day of each and every calendar succeeding month thereafter during the Term (subject to Paragraphs (e) and (f) term of this Paragraph 2Sublease (the "Basic Monthly Rent"); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional . Basic Monthly Rent shall be payable adjusted from time to time in accordance with the provisions in the Xxxxxxxxx in respect of adjustments to "fixed rent" (as hereinafter providedthat term is defined in the Xxxxxxxxx) as provided in Article 1 thereof, such that Basic Monthly Rent shall at all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money times during the term of the United States Sublease equal the monthly installments of America; provided, however, that if fixed rent due from time to time under the Xxxxxxxxx. Basic Monthly Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the any partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on prorated at the basis rate of 1/30th of the monthly rent payable during Basic Monthly Rent counting the first year actual number of the Termdays elapsed.
(b) Tenant does hereby covenant Sublessee shall pay during the term of this Sublease, as additional rental hereunder (hereinafter referred to as "Additional Rent"), before any fine, penalty, interest or cost may be added thereto for the nonpayment thereof, (i) all real estate taxes, special assessments, water rates and agree promptly charges, sewer rates and charges (including any sum or sums payable for present or future sewer or water capacity), charges for public utilities, street lighting, excise levies, licenses, permits, inspection fees, other governmental charges, and all other charges or burden of whatsoever kind and nature (including costs, fees, and expenses of complying with any restrictive covenants or similar agreements to pay which the Fixed RentPremises and/or the real property on which the Premises are located are subject) incurred in the use, Additional Rent occupancy, ownership, operation, leasing or possession of the Premises and/or arising under or related to this Sublease, whether any of the foregoing be general or special, ordinary or extraordinary, foreseen or unforseen (all of which are collectively referred to herein as "Impositions"), which at any time during the term hereof may have been or may be assessed, levied, confirmed, imposed upon, or become a lien on the Premises, or any portion thereof, or any appurtenance thereto, or this Sublease or the rents or income therefrom and (ii) any other amounts due Landlord under the terms of the Xxxxxxxxx (other than minimum rent), including common area maintenance costs, promotional charges, marketing charges herein reserved as and when all other taxes, assessments, levies and charges of any nature whatsoever required to be paid by Sublessor under the same Xxxxxxxxx (collectively, the "Xxxxxxxxx Charges"). Sublessee shall become due and payablepay to Sublessor any taxes or increases in taxes which result from any improvements to the Premises which Sublessee makes at any time during the term hereof. Sublessee shall pay to Sublessor (a) all Impositions, without demand thereforwhether heretofore or hereafter levied for assessed upon the Premises, and without or any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunderportion thereof, and/or this Sublease which are not due and payable on a monthly basis during the Termterm of this Sublease to Sublessor within five days of receipt of a statement specifying such amount from Sublessor and (b) all Xxxxxxxxx Charges at the times and in the manner specified therefor in the Xxxxxxxxx. Anything herein to the contrary notwithstanding, unless otherwise specified herein, Sublessor shall be pay its prorata portion of any Impositions and/or Xxxxxxxxx Charges due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything respect to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1any portion thereof, 2001 (and/or this Sublease during the “Rent Commencement Date”)years in which the term hereof both commences and ends based on the number of days in each said year within the term of this Sublease, and Sublessor shall pay the balance of any such Impositions during said years.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Sublease (Harvey Electronics Inc), Sublease (Harvey Electronics Inc)
Rent. (a) The rent reserved Notwithstanding anything in the Amended Lease to the contrary, Tenant shall pay to Landlord all Rent and all other sums due under this the Lease by electronic wire transfer. Electronic wire transfer payments shall be made to Capital One Bank, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, for the Term hereof benefit of 233 X. Xxxxxx LLC, ABA #000000000, Account No. 2744061249 (FEIN #00-0000000). Landlord may from time to time designate in writing alternate payment directions and, in such event, payments shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord made at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Termso directed.
(b) Subject to the remainder of this Section 5 and other terms and conditions set forth in this Eighth Amendment, it is agreed that
(i) through September 30, 2014, Tenant does hereby covenant and agree promptly shall continue to pay Rent as set forth in the Fixed RentAmended Lease,
(ii) from and after October 1, 2014, Tenant shall
(x) pay Base Rent in accordance with Exhibit B attached hereto and made a part hereof (which Base Rent is calculated on 53,894 square feet of Rentable Area notwithstanding Tenant’s occupancy during a portion of such period of the Existing Premises (containing 80,612 square feet of Rentable Area)); and
(y) pay Additional Rent and any other charges herein reserved as and when in accordance with the same terms of the Lease but Tenant’s Proportionate Share for purposes of determining Taxes payable by Tenant under the Lease shall become due and payable, without demand thereforbe 1.5265%, and without any set-off or deduction whatsoever. All Additional Rent and other charges Tenant’s Proportionate Share for purposes of determining Operating Expense payable hereunder, which are not due and payable on a monthly basis during by Tenant under the Term, unless otherwise specified herein, Lease shall be due and payable within fifteen 1.6406% (15) days which calculations are calculated on 53,894 square feet of delivery by Landlord to Tenant Rentable Area notwithstanding Tenant’s occupancy during a portion of notice to pay such period of the sameExisting Premises (containing 80,612 square feet of Rentable Area)).
(c) In the event that any payment of Fixed Rent, Additional All Rent or any other charges shall be paid after in the due date for same provided hereinmanner and time as set forth in Sections 2 and 3 of the Amended Lease. Landlord agrees that, Tenant subject to the remainder of this Section 5, Tenant’s Proportionate Share shall paybe adjusted proportionately, together with such payment, only if the Late Charge and interest at 12% per annum for such unpaid number of square feet of Rentable Area in the Premises is increased or decreased following the Surrender Date or if the aggregate amount for of office or retail space in the period thereafter that such payment shall remain unpaidBuilding is either increased or decreased.
(d) Notwithstanding anything herein or in the Amended Lease (including, without limitation, Section 17 of the Original Lease) to the contrary, but subject to the provisions of the remainder of this Section 5(d), in the event Tenant may fails to surrender all or a portion of the Existing Premises as provided in Section 4 above on or before the Outside Delivery Date, Tenant shall pay Rent for both the Fixed Renttotal square footage in the entire Existing Premises (being 80,612 square feet) and the total square footage in the 49th Floor Premises (being 53,894 square feet) during the period commencing on the Outside Delivery Date and continuing during the period that Tenant retains possession of all or a portion of the Existing Premises and the 49th Floor Premises. In such case, (x) the Base Rent for both the Existing Premises and the 49th Floor Premises shall be computed at the per square foot rental rates set forth on Exhibit B attached hereto (y) Additional Rent for the 49th Floor Premises shall be computed utilizing the Proportionate Shares set forth above and (z) Additional Rent for the Existing Premises shall be computed utilizing the Proportionate Shares for the Existing Premises set forth in the Amended Lease. In addition, if Landlord notifies Tenant in writing that Tenant’s failure to surrender the Existing Premises as provided in Section 4 above may, in Landlord’s good faith judgment, result in Landlord incurring damages, and Tenant fails to surrender all of the Existing Premises within ten (10) days of receipt of Landlord’s notice, then (x) the Base Rent and Additional Rent for all of the Existing Premises shall be charged at 200% of the amounts set forth above in this Section 5(d), and Tenant shall be liable to Landlord for all damages, costs and expenses (including, without limitation, consequential damages) incurred as a result of such holdover, including without limitation, any losses from Landlord’s inability to timely fulfill its obligations to any subsequent tenants of the Premises or portions thereof. The provisions of this Section shall not be deemed to be a waiver of Landlord’s right to re-entry or right to regain possession by actions at law or in equity, and any other charges herein reserved by wire transfer receipt of immediately available federal funds as directed payment of the foregoing rent by Landlord shall not be deemed a consent by Landlord to Tenant’s remaining in possession or by check (subject to collection) drawn on a New York Clearinghouse Association member bankbe construed as creating or renewing any lease term or right of tenancy.
(e) Notwithstanding anything to If Tenant has surrendered the contrary contained Existing Premises as provided herein, and if Tenant is not in this Xxxxxxxxx 0Default under the Lease on the date any such installment is due, Xxxxxx each of the monthly installments of Base Rent and Additional Rent due under the Lease for the months of October 2015, October 2016, October 2017, October 2018, October 2019 and October 2020 shall be abated in full and shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued payable by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 Tenant (the “Extension Term Rent Commencement DateAbatement”).
(f) Notwithstanding anything to . The unamortized portion of the contrary contained in this Xxxxxxxxx 0, Xxxxxx Extension Term Rent Abatement shall not be obligated to pay become due and owing to Landlord in the portion event of monthly Fixed Rent attributable to 22,417 rentable square feet of a Default under the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement DateLease.
Appears in 2 contracts
Samples: Lease Amendment, Lease Amendment (Heidrick & Struggles International Inc)
Rent. (a) The Tenant covenants to pay to Landlord, as rent reserved under this Lease for the Premises during the Interim Term hereof shall be and consist the Primary Term of this Lease, the amounts set forth on Exhibit 5- 1 hereto, and during each Extended Term the amounts determined pursuant to Exhibit 5-2 hereto (aherein called the "Basic Rent") the Fixed Rent payable in equal monthly installments in advance, advance on the first day of each and every calendar month during (herein called the Term (subject to Paragraphs (e"Basic Rent Payment Dates") and (f) by wire or other electronic transfer of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be immediately available funds or by check payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, the address set forth above and/or to such other person or such other place or account as Landlord from time to time may designate, designate to Tenant in lawful money of the United States of Americawriting; provided, however, Landlord may designate to Tenant in writing that if the Rent Commencement Date shall occur on all or a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis portion of the monthly Basic Rent be paid directly to a Mortgagee or an institutional payment agent, and the remainder be paid as otherwise designated in writing by Landlord. Any payment made by check shall be deemed made on the date received, subject to collection. Subject to the second sentence of Subparagraph 7(a), Tenant shall pay when due all taxes payable on Basic Rent and Additional Rent, whether imposed on Landlord or Tenant, including without limitation, all gross rent payable during taxes and sales taxes on such Basic Rent and Additional Rent, but calculated as if the first year Basic Rent and the Additional Rent were the sole income of the TermLandlord.
(b) Tenant does hereby covenant covenants that all other amounts, liabilities and agree promptly obligations which Tenant assumes or agrees to pay the Fixed Rentor discharge pursuant to this Lease together with every fine, Additional Rent penalty, interest and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off cost which may be added for nonpayment or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified hereinlate payment thereof, shall be due and payable within fifteen constitute additional rent hereunder (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) herein called "Additional Rent"). In the event that of any payment of Fixed failure by Tenant to pay or discharge any Additional Rent, Additional Rent or any other charges Landlord shall be paid after the due date for same have all rights, powers and remedies provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to law in the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated case of nonpayment of Basic Rent. Tenant also covenants to pay to Landlord on demand an amount (the monthly Fixed "Late Charge") equal to five percent (5%) of the payment amount then due on all installments of Basic Rent or Additional Rent which are more than five (5) days overdue, to cover Landlord's administrative expenses. Landlord is obligated to pay any late fees charged by Mortgagee with respect to the Mortgage if the Late Charge is paid by Tenant. The actual amount of Landlord's administrative expenses arising by reason of a late payment will be difficult to ascertain, and the parties agree that the Late Charge as calculated above is a reasonable estimate thereof. In addition, Tenant further covenants to pay to Landlord on demand interest at the per annum rate of interest equal to five percent (5%) plus the "prime rate" as reported by the Wall Street Journal, or at the maximum rate permitted by applicable law, whichever is less, on all Basic Rent and Additional Rent due to Landlord from the Commencement Date date due until such amount is paid in full. If the earlier Wall Street Journal is no longer published or the Wall Street Journal discontinues publication of the "prime rate," then Landlord shall substitute a comparable prime rate. Notwithstanding the two prior sentences of this Subparagraph 5(b) to the contrary, so long as any debt secured by a first Mortgage against the Premises remains outstanding (including such debt as exists on the date hereof and any such debt incurred in the future), the rate of interest that shall apply under this Lease to all overdue Basic Rent and Additional Rent shall be the lesser of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued maximum rate permitted by appropriate governmental authority permitting occupancy of the Demised Premisesapplicable law, or (ii) March 1the interest rate applicable to late payments of interest or principal due with respect to such debt (which interest rate under such first Mortgage is referred to herein as the "Default Rate"); said lower rate described in clauses (i) or (ii) being referred to as the "Mortgage Default Rate"; provided, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything however, such Mortgage Default Rate shall only apply to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be overdue Basic Rent while Landlord is obligated to pay interest at the Default Rate on late payments with respect to said Mortgage debt (and at all other times the rate described in the prior two sentences of this Subparagraph 5(b) shall continue to apply to overdue Basic Rent and Additional Rent). At the written request of Tenant Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet will advise Tenant of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50amount of the Mortgage Default Rate in a Landlord's certificate delivered to Tenant pursuant to Subparagraph 25(b) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Datehereof.
Appears in 2 contracts
Samples: Lease (School Specialty Inc), Lease (School Specialty Inc)
Rent. (a) Unless otherwise agreed upon, the tenant shall ensure that the rent is delivered to the address provided by the landlord. Rent payments are due on the day of each . The tenant must pay the rent reserved under this Lease on time. If the rent is not paid on the date it is due, the landlord may charge a late payment fee of $10.00 for the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day the rent is due and $2.00 a day after that until the rent is paid in full (maximum late payment fee – $100.00). The landlord may also give the tenant a Notice of each and every calendar month Termination for Non-Payment of Rent. The tenant agrees to pay rent to the landlord in the following amount: Basic Rent: $ For parking spaces: $ Other (specify): $ Rent Payable $ Less Rent Discount* $ Actual Amount Tenant Must Pay: $ (Complete this section if a rent increase on the rental unit is due before the date this agreement ends.) The landlord plans to increase the rent by the annual rent increase guideline on (date) . The landlord must provide the tenant with a Notice of Rent Increase at least 3 months before the rent is increased. The landlord plans to apply for a rent increase above the guideline to increase the rent on (date) . The proposed Rent Payable will be $ . The landlord must provide the tenant with a Notice of Rent Increase at least 3 months before the rent is increased. (Complete this section if there is a rent discount.) *Rent Discount A landlord is not required to offer a rent discount, but if a discount is given, it must be set out in writing. Reducing or removing a rent discount is not considered a rent increase under The Residential Tenancies Act. However, an unconditional discount cannot be reduced or removed unless the tenant receives written notice of at least 3 months. If a tenancy agreement or discount agreement is for a fixed term, a landlord cannot reduce or remove an unconditional discount during the Term (term of the agreement. If a discount is subject to Paragraphs a condition, e.g. paying the rent on time, the landlord can withdraw it without notice if the tenant does not meet the condition. The landlord is offering a rent discount of $ subject to the following conditions: (eProvide details of any conditions – add additional pages if necessary) and (f) Complete this section, if this form is being used to renew an existing tenancy agreement or there is a change to the discount during the term of this Paragraph 2); plus (bagreement.) such additional 🞏 Discount is the same as last year’s or increased by $ . 🞏 Discount is reduced by $ . 🞏 Discount is removed. 🞏 The proposed Rent Payable is subject to an application to the Residential Tenancies Branch for an above-guideline rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as increase. The discount may be payable pursuant to reduced or removed depending on the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and final decision on the landlord’s application. In any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a monthevent, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the TermActual Amount Tenant Must Pay will not exceed $ .
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Standard Residential Tenancy Agreement, Standard Residential Tenancy Agreement
Rent. Tenant covenants and agrees that without demand, notice or set off, except as otherwise expressly provided herein, Tenant shall pay to Landlord minimum annual rental (ahereinafter the "Minimum Rental") The rent reserved under this Lease for and percentage rental ("Percentage Rental") in the Term hereof shall be and consist amounts as follows: Minimum Rental in the amount of (a) the Fixed Rent [***] per square foot or [***] per annum, payable in equal monthly installments of [***] per month in advance, advance on or before the first day of each and every calendar month during for Years [***]. Minimum Rent in the Term (subject amount of [***] per square foot or [***] per annum, payable in equal monthly installments of [***] per month is due in advance on or before the first day of each month for Years [***]. Either party shall have the right to Paragraphs (e) and (f) request a remeasurement of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant the Premises on written notice to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of party given within thirty (30) days after the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than and naming the first calendar day of a month, architect or engineer it will have do the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoeverremeasurement. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within Upon fifteen (15) days of delivery prior written notice, the other party shall identify its architect or engineer, and the architects or engineers identified by Landlord to Tenant of notice to pay both parties shall jointly measure the same.
(c) In leasable square footage contained in the event Premises. If the leasable square footage as so remeasured is less than that any payment of Fixed Rentset forth in Part 1 hereof, Additional Rent or any other charges then the leasable square footage as stated herein shall be paid after revised and Minimum Rental shall be reduced accordingly, by an amount not to exceed [***] of the due date for same provided hereinstated square footage and the Percentage Rental Breakpoint (as hereinafter defined) shall be proportionately adjusted. If the leasable square footage as so remeasured is greater than that set forth in Part 1 hereof, Tenant then the leasable square footage as stated herein shall paybe revised and the Minimum Rental shall be increased accordingly, together with such payment, by an amount not to exceed [***] of the Late Charge stated square footage and interest at 12% per annum for such unpaid amount for the period thereafter that such payment Percentage Rental Breakpoint shall remain unpaid.
(d) Tenant may pay be proportionately adjusted. Leasable square footage shall be measured from the Fixed Rent, Additional Rent exterior faces of all outside walls and any other charges herein reserved by wire transfer from the center of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) all party walls. Notwithstanding anything to the contrary contained herein, in this Xxxxxxxxx 0, Xxxxxx no event shall not the leasable square footage of the Premises be obligated to less than [***] of the square footage as stated in Part 1 hereof. Tenant shall further pay to Landlord Percentage Rental of [***] of annual Sales and Business Transacted (as defined in the monthly Fixed Rent from the Commencement Date until the earlier General Lease Provisions) in excess of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 [***] (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50"Percentage Rental Breakpoint") per monthLease Year (as herein defined) for Years [***], and [***] of annual Sales and Business Transacted in excess of [***] per Lease Year for the third Years [***]. *** Confidential treatment requested. 5 All rental payments and payments of Additional Charges (3rd)as defined in Exhibit B) hereunder shall be sent to: Peabody Place Centre, fourth (4th)L.P. Attn: Accounts Receivable Department P. O. Box 0000 Xxxxxxx, eighth (8th) and ninth (9th) months after the Rent Commencement DateXxxxxxxxx 00000-0000 or to such other addresses as Landlord may direct from time to time.
Appears in 2 contracts
Samples: Retail Lease Agreement (Silicon Entertainment Inc /Ca/), Retail Lease Agreement (Silicon Entertainment Inc /Ca/)
Rent. (a) The rent reserved under this Lease Tenant covenants and agrees to pay to Landlord, as rental for the Term hereof shall be and consist of (a) Premises, Annual Basic Rental in the Fixed Rent sum set forth in the Fundamental Lease Provisions, payable in advance in equal monthly installments in advance, on the first day of each and every full calendar month during the Term term, the first such payment to include rent, prorated on a daily basis, for the period (subject if any) from the date of commencement of the term to Paragraphs (e) and (f) the first day of this Paragraph 2); plus the first full calendar month in the term.
(b) Any sum, amount, item or charge payable by Tenant hereunder shall be deemed additional rent, and except as otherwise specifically provided herein, shall be paid by Tenant to Landlord on the first day of the month following the date on which Landlord notifies Tenant of the amount payable or on the tenth day after the giving of such notice, whichever shall be later. Any such notice shall specify in reasonable detail the basis of such additional rent rent.
(“Additional Rent”c) in an amount equal All rentals payable by Tenant to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of Landlord under this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its the office stated above, of Landlord herein designated or to such other place address and/or person or company as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) designate from time to time by notice to Tenant. Tenant does hereby covenant will promptly pay all rentals herein prescribed when and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable. If Landlord shall pay any monies or incur any expenses in correction of violations of covenants herein set forth, without demand thereforthe amount so paid or incurred shall, at Landlord's option, and without any set-off or deduction whatsoever. All Additional Rent and other charges on notice to Tenant, be considered additional rentals, payable hereunder, which are not by Tenant with the first installment of rent thereafter becoming due and payable on a monthly basis during the Termpayable, unless otherwise specified herein, shall and may be due and payable within fifteen (15) days collected or enforced as by law provided in respect of delivery by Landlord to Tenant of notice to pay the samerentals.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Lease Agreement (United Bancshares Inc /Pa), Lease Agreement (United Bancshares Inc /Pa)
Rent. (a) The rent reserved under this Lease 7.1. Tenant shall pay to Landlord as Base Rent for the Term hereof Premises, commencing on December I, 2018 (the “Rent Commencement Date”), the sums set forth in Section 2.3, subject to the rental adjustments provided in Article 8 hereof. Base Rent shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments as set forth in advanceSection 2.3, subject to the rental adjustments provided in Article 8 hereof, each in advance on the first day of each and every calendar month during the Term (subject Term.
7.2. In addition to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such Base Rent, Tenant shall pay to Landlord as additional rent (“Additional Rent”) at times hereinafter specified in an amount equal to this Lease (a) Tenant’s Proportionate Adjusted Share (as defined below) of Operating Expenses (as such terms are defined in Paragraph 3 of this Leasebelow), (b) the Property Management Fee (as may be payable pursuant defined below) and (c) any other amounts that Tenant assumes or agrees to pay under the terms provisions of this Lease that are owed to Landlord, including any and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall sums that may become due by reason of any default of Tenant or failure on Tenant’s part to comply with the agreements, terms, covenants and payable hereunderconditions of this Lease to be performed by Tenant, which after notice and the lapse of any applicable cure periods.
7.3. Base Rent and Additional Rent shall together be payable as hereinafter provided, all to denominated “Rent.” Rent shall be paid to Landlord at its office stated aboveLandlord, without abatement, deduction or such other place as Landlord may designateoffset, in lawful money of the United States of AmericaAmerica to the address set forth in Section 2.8 or to such other person or at such other place as Landlord may from time designate in writing. In the event the Term commences or ends on a day other than the first day of a calendar month, then the Rent for such fraction of a month shall be prorated for such period on the basis of the number of days in the month and shall be paid at the then-current rate for such fractional month.
7.4. Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by (a) any Applicable Laws now or hereafter applicable to the Premises, (b) any other restriction on Tenant’s use, (c) except as expressly provided herein, any casualty or taking or (d) any other occurrence; and Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover rent. Tenant’s obligation to pay Rent with respect to any period or obligations arising, existing or pertaining to the period prior to the date of the expiration or earlier termination of the Term or this Lease shall survive any such expiration or earlier termination; provided, however, that if nothing in this sentence shall in any way affect Tenant’s obligations with respect to any other period.
7.5. Provided that Tenant is not then in default of this Lease (beyond the expiration of all applicable notice and cure periods expressly set forth in this Lease), then during the initial six (6) calendar months of the Term following the Rent Commencement Date shall occur on a date other than (the first calendar day of a month, the rent for the partial month commencing on the “Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided hereinAbatement Period”), Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay any Base Rent otherwise attributable to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement DateAbatement”).
. Landlord and Tenant acknowledge that the aggregate amount of the Rent Abatement shall be in an amount not to exceed Two Hundred Seventy-Eight Thousand Two Hundred Seven and 70/100 Dollars (f) Notwithstanding anything $278,207.70). 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 contrary contained rental and performing the terms and conditions otherwise required under this Lease. If Tenant shall be in default under this Lease beyond any applicable notice and cure period provided in this Xxxxxxxxx 0Lease, Xxxxxx then Tenant’s right to receive the Base Rent Abatement for the Base Rent Abatement Period shall not automatically terminate as of the date of such default and Tenant shall immediately be obligated to pay begin paying Base Rent for the Premises in full. The Base Rent Abatement shall be personal to Landlord the portion of monthly Fixed Rent attributable original Tenant and shall only apply to 22,417 rentable square feet the extent that the original Tenant (and not any assignee, or any sublessee or other transferee of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars original Tenant’s interest in this Lease) is the Tenant under this Lease during the Base Rent Abatement Period. Nothing in this Section shall work to xxxxx or reduce ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after during the Rent Commencement DateAbatement Period or otherwise) Tenant’s obligations under this Lease with respect to Additional Rent including (without limitation) Tenant’s obligations with respect to Tenant’s Adjusted Share of Operating Expenses and the Property Management Fee.
Appears in 2 contracts
Samples: Lease (Erasca, Inc.), Lease (Erasca, Inc.)
Rent. (a) The rent reserved under this Lease 7.1. Tenant shall pay to Landlord as Base Rent for the Premises, commencing on the one (1) month anniversary of the Term hereof Commencement Date (the “Rent Commencement Date”), the sums set forth in Section 2.3, subject to the rental adjustments provided in Article 8 hereof. Base Rent shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments as set forth in advanceSection 2.3, subject to the rental adjustments provided in Article 8 hereof, each in advance on the first day of each and every calendar month during the Term (subject Term.
7.2. In addition to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such Base Rent, Tenant shall pay to Landlord as additional rent (“Additional Rent”) at times hereinafter specified in an amount equal to this Lease (a) Tenant’s Proportionate Adjusted Share (as defined below) of Operating Expenses (as such terms are defined in Paragraph 3 of this Leasebelow), (b) the Property Management Fee (as may be payable pursuant defined below), and (c) any other amounts that Tenant assumes or agrees to pay under the terms provisions of this Lease that are owed to Landlord, including any and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall sums that may become due by reason of any default of Tenant or failure on Tenant’s part to comply with the agreements, terms, covenants and payable hereunderconditions of this Lease to be performed by Tenant, which after notice and the lapse of any applicable cure periods.
7.3. Base Rent and Additional Rent shall together be payable as hereinafter provided, all to denominated “Rent.” Rent shall be paid to Landlord at its office stated aboveLandlord, without abatement, deduction or such other place as Landlord may designateoffset, in lawful money of the United States of AmericaAmerica to the address set forth in Section 2.8 or to such other person or at such other place as Landlord may from time designate in writing. In the event the Term commences or ends on a day other than the first day of a calendar month, then the Rent for such fraction of a month shall be prorated for such period on the basis of the number of days in the month and shall be paid at the then-current rate for such fractional month.
7.4. Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by (a) any Applicable Laws now or hereafter applicable to the Premises, (b) any other restriction on Tenant’s use, (c) except as expressly provided herein, any casualty or taking or (d) any other occurrence; and Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover rent. Tenant’s obligation to pay Rent with respect to any period or obligations arising, existing or pertaining to the period prior to the date of the expiration or earlier termination of the Term or this Lease shall survive any such expiration or earlier termination; provided, however, that if the Rent Commencement Date nothing in this sentence shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly in any way affect Tenant’s obligations with respect to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the sameperiod.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)
Rent. (a) The rent reserved At the Closing provided for under this the Agreement to Lease, Lessee shall pay Lessor as provided in the Agreement to Lease for the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional * as prepaid rent (the “Additional Prepaid Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term).
(b) Tenant does hereby covenant and agree promptly to pay During the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand thereforInitial Term, and without subject to Section 2.5 of the Agreement to Lease, Lessee will pay to Lessor on the last Business Day of each Quarter the fixed payment set forth on Schedule 1 for such Quarter (the “Initial Term Fixed Rent Payments”). The Initial Term Fixed Rent Payments shall be payable through the end of the Initial Term notwithstanding any set-off or deduction whatsoevertermination of this Lease (and the obligation to make all such Initial Term Fixed Rent Payments will be treated as having been incurred at the inception of the Initial Term), except for a termination pursuant to Section 3.1(e). All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during In the event that this Lease is terminated pursuant to Section 3.1(e) prior to the end of the Initial Term, unless otherwise specified herein, no further Initial Term Fixed Rent Payments shall be due, though the Lessee will pay to the Lessor a pro-rated amount of the Initial Term Fixed Rent Payment due and payable within fifteen (15) days of delivery by Landlord with respect to Tenant of notice to pay the sameQuarter in which this Lease is terminated.
(c) During each Renewal Term, Lessee will pay to Lessor on the last Business Day of each Quarter the fixed payment set forth on Schedule 1 for such Quarter (the “Renewal Term Fixed Rent Payments”). The Renewal Term Fixed Rent Payments shall be payable through the end of the applicable Renewal Term notwithstanding any termination of this Lease (and the obligation to make all such Renewal Term Fixed Rent Payments will be treated as having been incurred at the inception of the Renewal Term), except for a termination pursuant to Section 3.1(e). In the event that any payment this Lease is terminated pursuant to Section 3.1(e) prior to the end of the applicable Renewal Term, no further Renewal Term Fixed Rent, Additional Rent or any other charges Payments shall be paid after due, though the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may Lessee will pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord Lessor a pro-rated amount of the monthly Renewal Term Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything Payment dues with respect to the contrary contained Quarter in which this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement DateLease is terminated.
Appears in 2 contracts
Samples: Equipment Lease (Ada-Es Inc), Equipment Lease (Ada-Es Inc)
Rent. (a) The rent reserved Lessee shall pay FBTC Basic Rent and Lessor Basic Rent on the Acquisition Date. Thereafter the Lessee shall pay Basic Rent (to the extent such Basic Rent (or any component thereof) is then due and owing) on (x) each Payment Date during the Term, (y) the date required under Section ------- 24.1
(i) in connection with the Lessee's exercise of the Remarketing Option, ------- and (z) any date on which this Lease for the Term hereof shall terminate. The Lessee and Lessor hereby agree that amounts which would otherwise be and consist of (a) the Fixed payable by Lessee to Lessor hereunder as Lessor Basic Rent are payable in equal monthly installments in advance, as interest on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable Pledged Securities pursuant to the terms of this Lease the Securities Pledge Agreement and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as such amounts shall become not constitute Rent hereunder.
(b) Rent shall be due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States and, after the occurrence and during the continuance of Americaa Cash Management Event, shall be paid by wire transfer of immediately available funds on the due date therefor from the relevant Sub-Accounts of the Cash Collateral Account, to the extent funds exist therein. With the exception of the first payment on the Acquisition Date of FBTC Basic Rent and Lessor Basic Rent, for which at least two (2) Business Days prior written notice from the Lessor shall be provided, the Lessor shall provide written notice of the amount of Basic Rent due at least five (5) Business Days prior to each due date therefor; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis failure of the monthly rent Lessor -------- ------- to provide such notice shall not affect Lessee's obligations hereunder or impose liability on Lessor. Lessee shall deposit all security deposits received by it with respect to the Property into the Security Deposit Account and shall cause all relevant checks to be made payable during to the first year name of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the sameSecurity Deposit Account.
(c) In the event that any payment of Fixed RentSo long as a Cash Management Event is not continuing, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved payable by wire transfer of immediately available federal funds on the due date therefor as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.follows:
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) Lessor Basic Rent and FBTC Basic Rent and Supplemental Rent to which the date that Lessor is entitled shall be payable to the Demised Premises are substantially completed Lessor at the place of payment designated in writing by the Lessor and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 the remainder of Basic Rent and Supplemental Rent to which the Lender is entitled shall be payable to the Lender or Lender's designee or to an account identified by Lender or Lender's designee as set forth in Section ------- 2.12 (b) of the “Rent Commencement Date”).Nomura Loan Agreement. --------
(fd) Notwithstanding anything Neither the Lessee's inability or failure to take possession of all or any portion of the contrary contained in this Xxxxxxxxx 0Property when delivered by the Lessor, Xxxxxx whether or not attributable to any act or omission of the Lessee, or for any other reason whatsoever, shall not be obligated delay or otherwise affect the Lessee's obligation to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after Property in accordance with the Rent Commencement Dateterms of this Lease.
Appears in 2 contracts
Samples: Lease (Brookdale Living Communities Inc), Lease (Brookdale Living Communities Inc)
Rent. (a) The Tenant shall pay to Landlord, as annual rent reserved under this Lease for the Term Premises during the Term, the amounts determined in accordance with Exhibit “D” hereto (“Basic Rent”), commencing on the date hereof shall be for the initial month and consist of (a) thereafter, in advance on the Fixed Rent payable in equal monthly installments in advancedate hereof, and continuing on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2each such day being a “Basic Rent Payment Date”); plus (b) . Each such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent rental payment shall be payable as hereinafter providedmade, all to at Landlord’s sole discretion, (i) by a check actually received by Landlord before the applicable Basic Rent Payment Date, or (ii) by wire transfer in Federal Funds on the applicable Basic Rent Payment Date. Pro rata Basic Rent for the initial month shall be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.date hereof
(b) Tenant does hereby covenant shall pay and agree promptly to pay the Fixed discharge, as additional rent (collectively, “Additional Rent”):
(i) except as otherwise specifically provided herein, Additional Rent all costs and expenses of Tenant, Landlord and any other charges Persons specifically referenced herein reserved as which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of the Premises, (B) the performance of any of Tenant’s obligations under this Lease, (C) any sale or other transfer of the Premises to Tenant under this Lease, including costs and expenses incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (E) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Premises, (F) the prosecution, defense or settlement of any litigation involving or arising from any of the Premises, this Lease, or, in accordance with the Agreement of Purchase and Sale between the parties, the sale of the Premises to Landlord, (G) the exercise or enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (H) any amendment to or modification or termination of this Lease made at the request of Tenant, (I) subject to, and included within the limitation set forth in Paragraph 25(a) the Costs of Landlord’s counsel incurred in connection with the preparation, negotiation and execution of this Lease, and the Costs incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant, and (J) any other items specifically required to be paid by Tenant under this Lease;
(ii) after the date all or any portion of any installment of Rent is due and not paid by the applicable Basic Rent Payment Date, or date the same is due, an amount (the “Late Charge”) equal to five percent (5%) of the amount of such unpaid installment; except that the first Late Charge in any twelve (12) month period shall not be due and payable unless the amount due has not been received, in immediately available U.S. funds, within five (5) days following the Base Rent Payment Date;
(iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; and
(iv) interest at the rate (the “Default Rate”) of five percent (5%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from the respective due dates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue, except that the first interest charge in any twelve (12) month period shall not be due and payable unless the amount due hasn’t been paid within five (5) days after the date due.
(c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 6(b) when the same shall become due and payabledue, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, provided that amounts which are billed to Landlord or any third party, but not due and payable on a monthly basis during the Term, unless otherwise specified hereinto Tenant, shall be due and payable paid within fifteen ten (1510) days of delivery by Landlord to Tenant of notice to pay the same.
after Landlord’s demand for payment thereof, and (cii) In the event that any payment of Fixed other Additional Rent, Additional Rent or any other charges shall be paid within ten (10) days after the due date Landlord’s demand for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaidthereof.
(d) Tenant may pay In no event shall amounts payable under this Lease exceed the Fixed Rent, Additional Rent and any other charges herein reserved maximum amount permitted by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bankapplicable Law.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Lease Agreement (Pw Eagle Inc), Lease Agreement (Pw Eagle Inc)
Rent. (a) The In consideration of possession and/or right of possession of said leased premises given to Lessee and Lessor’s surrender of the same, Lessee agrees to pay rent reserved under of $ , payable in two equal installments of $ payable on August 1, 20 and December 1, 20 . Checks should be made payable to Xxxxxxx Management Co., Inc. and mailed to 0000 Xxxxxxxxx Xxxx, Xxxxx #0, Xxxxxx, Xxxx 00000.
A. No invoices/and or reminders will be sent to Tenant and/or Guarantor. Please use this Lease with the above dates as your guide. Lessor reserves the right to deny possession of the leased Premises at the commencement of the Lease Term if the first installment of rent and deposit has not been paid in full.
B. Lessee will be charged late fees of $5.00 per day for every day the Term hereof semester rent installment is in arrears subsequent to a 5-days grace period following the due date of said semester installment and shall continue until the entire semester rent installment and all late fees are paid in full.
C. Lessee will be charged a fee of $50.00 for any check presented to Lessor which is dishonored and shall immediately pay, in U.S. currency or money order, such dishonored check fee along with the full amount of the dishonored check (no replacement check will be accepted). In addition, the provisions of this paragraph concerning late payment will be applicable until such time as the returned check is paid in full as provided herein. These provisions are not in lieu of any other legal remedies available to Lessor or Lessor’s agent for nonpayment or late payment of rent by Lessee.
D. Any failure by Tenants to pay rent when due, shall at the option the Landlord, terminate all rights of possession of Tenants hereunder. In the event that Tenants shall be and consist absent from Premises for a period of ten (a10) the Fixed Rent payable consecutive days while in equal monthly installments in advance, on the first day default of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within at least fifteen (15) days days, Tenants shall, at the option of delivery Landlord, be deemed to have abandoned the Premises and any property left shall be considered abandoned and may be disposed of by landlord as he shall see fit. All personal property on Premises is hereby subject to a lien in favor of Landlord to Tenant of notice to pay the same.
(c) In the event that any for payment of Fixed Rent, Additional Rent or any other charges shall be paid after the all sums due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything hereunder to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued maximum extent allowed by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)law.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Semester Lease, Semester Lease
Rent. (a) 8.1 The rent reserved under this Lease Rent for the Term hereof Demised Premises shall be in the aggregate of the sums stated in Part 5 of the First Schedule hereto and consist shall be payable free of all deductions, at such place in Malaysia as the Landlord shall from time to time in writing stipulate, in the following manner:-
(a) the Fixed Rent Rental payable in equal the sums stated in Part 5(a) of the First Schedule hereto at the rate stipulated therein, shall be payable monthly installments in advance, on advance within the first day seven (7) days of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a succeeding month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.;
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when Sales Commission payable in the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during sums stated in Part 5(b) of the Term, unless otherwise specified hereinFirst Schedule hereto at the rate stipulated therein, shall be due and payable monthly in arrears in the following month within fifteen fourteen (1514) days from the date of delivery by Landlord to Tenant of notice to pay the same.invoice; and
(c) the Service Charges and the Promotional Fees payable in the sums stated in Part 5(c) and (d) of the First Schedule hereto at the rate stipulated therein, shall be payable monthly in advance within the first seven (7) days of each and every succeeding month.
8.2 The Tenant shall pay and continue to pay the Rental, Sales Commission, Service Charges and Promotional Fees throughout the term of this tenancy regardless of any set-off, cross claim or deduction it may have claim against the Landlord and regardless of any dispute which may arise between the parties out of the terms and conditions of this Agreement.
8.3 Measurement of the area of the Demised Premises shall take place on the date the Tenant takes possession of the Demised Premises to carry out its Renovation Works in the presence of representatives of both the Tenant and the Landlord. In the event that any payment the actual area of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) shall differ from that stipulated in Part 2 of occupancy has been issued by appropriate governmental authority permitting occupancy the First Schedule hereto, the Rent shall be adjusted accordingly at the rate stated in Part 5 of the First Schedule hereto PROVIDED ALWAYS THAT such variation in the area of the Demised Premises, or (ii) March 1, 2001 (Premises shall not entitle the “Rent Commencement Date”)Tenant to terminate this Agreement nor amount to a breach of this Agreement on the part of the Landlord.
8.4 The Tenant further agrees that if at any time during the term of the tenancy hereby created:-
(fa) Notwithstanding anything the Landlord shall effect any structural alterations or any alterations or additions to the contrary contained water, gas, electrical, plumbing, air- conditioning equipment, fire equipment or other services of appurtenances to the Demised Premises which may be required by reason of any present or future statute, regulations, ordinance or bylaw of any authority or body having jurisdiction in this Xxxxxxxxx 0, Xxxxxx shall that behalf (not be obligated to pay to Landlord being alterations or additions required by virtue of the portion Tenant’s business or the provision of monthly Fixed Rent attributable to 22,417 rentable square feet of separate toilets in the Demised Premises, being Fifty-six Thousand Forty-two ) the costs of which shall at all times be borne by the Tenant;
(b) the costs and 50/100 Dollars expenses of any promotional and/ or advertising campaigns conducted or carried out by the Landlord in respect of the Mall shall have been increased for any reason whatsoever; and/or
($56,042.50c) per month, the costs to the Landlord of supplying the service for the third (3rd)upkeep, fourth (4th)maintenance and repair of the Common Areas and the facilities used in the Mall shall have increased for any reason whatsoever; then in any or all of the above events, eighth (8th) and ninth (9th) months after the Rent Commencement Datepayable by the Tenant hereunder shall be increased by such sum as may be agreed upon between the Tenant and the Landlord.
8.5 Nothing hereinabove shall be construed as conferring upon the Tenant any right to demand exposure and/or otherwise to have any say in respect of any such promotion and/ or advertising campaigns conducted or carried out by the Landlord hereunder in respect of the Mall.
Appears in 2 contracts
Samples: Tenancy Agreement (Agroz Inc.), Tenancy Agreement (Agroz Inc.)
Rent. (a) The rent reserved under this Lease 3.1 Lessee covenants and agrees to pay Lessor at the place provided herein for the Term hereof giving of notice to Lessor, as annual base rent for said Premises the sum of Thirty Five Thousand Eight Hundred Forty-Seven Dollars and Fifty Cents ($35,847.50) payable in monthly installments Two Thousand Nine Hundred Eighty-Seven Dollars and Twenty-Nine Cents ($2,987.29) for each month. Each monthly installment shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments in advance, advance on the first day FIRST DAY of each and every calendar month during the Term (subject to Paragraphs (e) and (f) term hereof. If the term of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as lease shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur begin on a date day other than the first calendar day 1st of a month, the Lessee shall pay a PRO RATA portion of a month's rent on the day the term commences and thereafter the Lessee shall pay a succeeding monthly installment on the 1st day of each succeeding month. Under no circumstances shall Lessee be entitled to withhold any rent due hereunder or setoff against the same on account of Lessor's purported failure to perform any of its obligations hereunder.
3.2 Any payment by Lessee or acceptance by Lessor of a lesser amount than shall be due from Lessee to Lessor shall be treated as a payment on account. The acceptance by Lessor of a check or payment for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such a check or payment, that such lesser amount is payment in full, shall be given no effect and Lessor may accept such check or payment without prejudice to any other rights or remedies which Lessor may have against Lessee.
3.3 Lessee covenants and agrees to pay Lessor at the place provided herein for the partial month commencing on giving of notice to Lessor, as additional rent during the Rent Commencement Date term hereof Lessee's PRO RATA share, which is hereby defined and agreed as being 19.626% of the charges, costs and expenses defined in paragraphs 6.3, 7.2, 10.1 and 19.1 of this Lease. Lessee shall be appropriately pro-rated on pay Lessor such additional rent in monthly installments coincidental with the basis monthly base rental payments as set forth in paragraph 3.1 hereof. Lessee acknowledges that Lessor may adjust, once every month, the amount of Lessee's monthly installments to cover any difference between the actual charges, costs and expenses incurred by Lessor and the amount of the monthly installments paid by Lessee. It is agreed that Lessee's additional rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a in monthly basis during the Term, unless otherwise specified herein, installments shall be due One Thousand Six Hundred Eight Dollars and payable within fifteen Fifty-Four Cents (15$1,608.54) days until notification of delivery by Landlord to Tenant of notice to pay the same.
(c) further adjustment in accordance with this Lease. In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything addition to the contrary contained in this Xxxxxxxxx 0foregoing, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, Lessor may make assessments for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.expenses incurred
Appears in 2 contracts
Samples: Lease (Skillsoft Corp), Lease (Skillsoft Corp)
Rent. (a) The rent reserved under this Lease 5.1 Tenant agrees to pay Landlord as Basic Annual Rent for the Term hereof Premises the sums set forth in Section 2.1.4, subject to adjustment as set forth in Section 8.3. Basic Annual Rent shall be and consist of (a) paid in the Fixed Rent payable in equal monthly installments set forth in advanceSection 2.1.5, subject to adjustment as set forth in Section 8.3, each in advance on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) term of this Paragraph 2); plus (b) such Lease. Basic Annual Rent shall not be payable, and shall be forgiven, for the period May 24, 2004 through January 23, 2005.
5.2 In addition to Basic Annual Rent, Tenant agrees to pay to Landlord as additional rent (“Additional Rent”), at the times hereinafter specified in this Lease (i) in an amount equal to Tenant’s Proportionate Pro Rata Share of Expenses (as such terms are defined in Paragraph 3 Section 7.3(a) and as set forth in Section 2.1.6, subject to adjustment pursuant to Section 8.1) of Operating Expenses as provided in Article 7, and (ii) all other amounts that Tenant assumes or agrees to pay under the provisions of this Lease) as , including but not limited to any and all other sums that may be payable pursuant become due by reason of any default of Tenant or failure on Tenant’s part to comply with the terms agreements, terms, covenants and conditions of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofbe performed by Tenant, and Landlord’s performance of any other charges as shall become due obligations of Tenant under this Lease.
5.3 Basic Annual Rent and payable hereunder, which Additional Rent shall together be payable denominated “Rent.” Except as hereinafter providedexpressly set forth in this Lease, all to Rent shall be paid to Landlord at its office stated aboveLandlord, without notice, demand, abatement, suspension, deduction, setoff, counterclaim, or such other place as Landlord may designatedefense, in lawful money of the United States of America; provided, however, that if at the Rent Commencement Date shall occur office of Landlord as set forth in Section 2.1.9 or to such other person or at such other place as Landlord may from time to time designate in writing.
5.4 In the event the term of this Lease commences or ends on a date day other than the first calendar day of a calendar month, the rent for the partial month commencing on then the Rent Commencement Date for such fraction of a month shall be appropriately pro-rated prorated for such period on the basis of the monthly rent payable during the first year of the Term.
a thirty (b30) Tenant does hereby covenant day month and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after at the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum then current rate for such unpaid amount fractional month prior to the commencement of the partial month.
5.5 The installment of Basic Annual Rent for the period thereafter that such payment May 1, 2005 through May 31, 2005 in the amount of $67,145 shall remain unpaid.
(d) be deposited with Landlord by Tenant may pay upon execution of the Fixed RentLease, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed shall be held by Landlord or by check (subject as an additional security deposit under Article 9 hereof unless and until applied to collection) drawn on a New York Clearinghouse Association member bankBasic Annual Rent for such period.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Lease (Biocept Inc), Lease (Biocept Inc)
Rent. 4.1 Tenant hereby agrees to pay Landlord the Base Rent. For purposes of Rent adjustment under the Lease, the number of months is measured from the first day of the calendar month in which the Commencement Date falls. Each monthly installment (athe “Monthly Rent”) The rent reserved under this Lease for the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, by check or by money order on or before the first day of each and every calendar month during month. In addition to the Term (subject Base Rent, Tenant also agrees to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to pay Tenant’s Proportionate Share of Operating Expenses and Taxes (each as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofhereinafter defined), and any and all other charges sums of money as shall become due and payable hereunderby Tenant as hereinafter set forth, all of which shall constitute additional rent under this Lease (the “Additional Rent”). Landlord expressly reserves the right to apply any payment received to Base Rent or any other items of Rent that are not paid by Tenant. The Monthly Rent and the Additional Rent are sometimes hereinafter collectively called “Rent” and shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, when due in lawful money of the United States without demand, deduction, abatement, or offset to the addresses for the rental payment set forth in the Basic Lease Information, or as Landlord may designate from time to time.
4.2 In the event any Monthly or Additional Rent or other amount payable by Tenant hereunder is not paid within five (5) days after its due date, Tenant shall pay to Landlord a late charge (the “Late Charge”), as Additional Rent, in an amount of Americafive percent (5%) of the amount of such late payment; provided, however, that if Tenant shall be entitled to a grace period of five (5) days for the first late payment in a calendar year. Failure to pay any Late Charge shall be deemed a Monetary Default (as hereinafter defined). Provision for the Late Charge shall be in addition to all other rights and remedies available to Landlord hereunder, at law or in equity, and shall not be construed as liquidated damages or limiting Landlord’s remedies in any manner. Failure to charge or collect such Late Charge in connection with any one (1) or more such late payments shall not constitute a waiver of Landlord’s right to charge and collect such Late Charges in connection with any other similar or like late payments.
4.3 Simultaneously with the execution hereof, Tenant shall deliver to Landlord (i) the Rent Commencement Date shall occur on a date other than Payable Upon Execution as payment of Monthly Rent for the fifth (5th) full calendar month of the initial Term (subject to Tenant’s right to receive Abated Base Rent described in Section 4.7 below) and Tenant’s Share of Operating Expenses and Taxes for the first (1st) full calendar day month of the initial Term; and (ii) the Letter of Credit, as described in Article 53 below. Any Security Deposit that may be required under this Lease shall be held by Landlord as security for the performance by Tenant of all of the covenants of this Lease to be performed by Tenant and Tenant shall not be entitled to interest thereon. The Security Deposit is not an advance rent deposit, an advance payment of any other kind, or a monthmeasure of Landlord’s damages in any case of Tenant’s default. If Tenant fails to perform any of the covenants of this Lease to be performed by Tenant, including without limitation the provisions relating to payment of Rent, the rent for removal of property at the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year end of the Term.
(b) Tenant does hereby covenant and agree promptly , the repair of damage to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand thereforPremises caused by Tenant, and without any set-off the cleaning of the Premises upon termination of the tenancy created hereby, then Landlord shall have the right, but no obligation, to apply the Security Deposit, or deduction whatsoever. All Additional Rent and other charges payable hereunderso much thereof as may be necessary, which are not due and payable on a monthly basis during for the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional any Rent or any other charges shall be paid after sum in default and/or to cure any other such failure by Tenant. If Landlord applies the due date Security Deposit or any part thereof for same provided hereinpayment of such amounts or to cure any such other failure by Tenant, then Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from sum necessary to restore the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything Security Deposit to the contrary contained in full amount then required by this Xxxxxxxxx 0, Xxxxxx Section 4.3 Landlord’s obligations with respect to the Security Deposit are those of a debtor and not a trustee. Landlord shall not be obligated required to pay to maintain the Security Deposit separate and apart from Landlord’s general or other funds and Landlord may commingle the portion Security Deposit with any of monthly Fixed Rent attributable to 22,417 rentable square feet Landlord’s general or other funds. Upon termination of the Demised Premisesoriginal Landlord’s or any successor owner’s interest in the Premises or the Building, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after original Landlord or such successor owner shall be released from further liability with respect to the Rent Commencement DateSecurity Deposit upon the original Landlord’s or such successor owner’s complying with California Civil Code Section 1950.
Appears in 2 contracts
Samples: Lease Agreement (PROCEPT BioRobotics Corp), Lease Agreement (PROCEPT BioRobotics Corp)
Rent. (a) The rent Rent (hereinafter defined) payable by Tenant pursuant to this Lease is intended to be absolutely and completely net to Landlord, and all charges and expenses imposed upon the Premises incurred in connection with its ownership, use, occupancy, care, maintenance, operation and control, whether foreseen or unforeseen, regardless of the nature of such expenses or the remaining period of the Term, shall be paid by Tenant, except that Landlord shall pay its own income taxes, if any, on the Fixed Rent and Additional Rent (hereinafter defined) payable hereunder.
(b) The Rent reserved under this Lease for the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of except that Tenant shall pay the first monthly installment upon signing this Paragraph 2Lease); plus (b) such additional rent and other charges (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be due and payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunderLease, which Additional Rent shall be payable as hereinafter provided, all to be paid directly to Landlord at its office stated above, or such other place as Landlord may designatethe applicable party, in lawful money of the United States of America; provided, however, that if the America (hereinafter Fixed Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the and Additional Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Termare sometimes collectively referred to as “Rent.”).
(bc) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Rent and Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are is not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable, (i) if payable to a third party, within fifteen the time permitted for payment without interest, penalty or default, (15ii) if payable to Landlord without specific payment terms set forth herein, within thirty (30) days of delivery by Landlord to Tenant of notice to pay the same, and (iii) if payable to Landlord in a specific time or manner set forth herein, in accordance therewith.
(cd) In the event that any payment of Fixed Rent, Rent or Additional Rent or any other charges payable to Landlord shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum a like additional Late Charge for such unpaid amount for the period thereafter each thirty (30) days or portion thereof that such payment shall remain unpaid.
(d) . Notwithstanding the foregoing, Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated required to pay a late charge on the first or second late payment in any period of twelve (12) consecutive months, unless such payments remain unpaid for ten (10) days after written notice to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)Tenant.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Rent. (a) The rent reserved under this Lease 7.1 Tenant shall pay to Landlord as Base Rent for the Premises, commencing on the Term hereof Commencement Date, the sums set forth in Section 2.3. Base Rent shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments as set forth in advanceSection 2.3, each in advance on the first day of each and every calendar month during the Lease Term.
7.2 In addition to Base Rent, commencing on the Term Commencement Date, Tenant shall pay to Landlord as additional rent (subject to Paragraphs "Additional Rent") at times hereinafter specified in this Lease (ea) Tenant's Share (as defined below) of Operating Expenses (as defined below), (b) the Property Management Fee (as defined below) and (fc) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal any other amounts that Tenant expressly assumes or agrees to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to pay under the terms provisions of this Lease and all charges for services and utilities pursuant that are owed to Paragraph 15 hereofLandlord. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, and any other charges as shall become due and payable hereunder, which the obligations of Tenant to pay Additional Rent shall survive the expiration of the Lease Term.
7.3 Landlord and Tenant hereby agree that it is their intent that all Base Rent, Additional Rent and other rent and charges payable to the Landlord under this Lease (hereinafter individually and collectively referred to as "Rent") shall qualify as "rents from real property" within the meaning of Section 856(d) of the Internal Revenue Code of 1986, as amended, (the "Code") and the Department of the U.S. Treasury Regulations promulgated thereunder (the "Regulations"). Should the Code or the Regulations, or interpretations thereof by the Internal Revenue Service contained in revenue rulings or other similar public pronouncements, be payable changed so that any Rent no longer so qualifies as hereinafter "rent from real property" for purposes of Section 856(d) of the Code and the Regulations promulgated thereunder, such Rent shall be adjusted in such manner as the Landlord may require so that it will so qualify; provided, all however, that any adjustments required pursuant to this Section 7.3 shall be made so as to produce the equivalent (in economic terms) Rent as payable prior to such adjustment. Rent shall be paid to Landlord at its office stated aboveLandlord, without abatement, deduction or such other place as Landlord may designateoffset, in lawful money of the United States of America; provided, however, that if America at the Rent Commencement Date shall occur office of Landlord as set forth in Section 2.8 or to such other person or at such other place as Landlord may from time designate in writing. In the event the Lease Term commences or ends on a date day other than the first calendar day of a calendar month, the rent for the partial month commencing on then the Rent Commencement Date for such fraction of a month shall be appropriately pro-rated prorated for such period on the basis of the monthly rent payable during the first year of the Term.
a thirty (b30) Tenant does hereby covenant day month and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after at the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum then-current rate for such unpaid amount for the period thereafter that such payment shall remain unpaidfractional month.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Lease (Mabvax Therapeutics Holdings, Inc.), Lease (Mabvax Therapeutics Holdings, Inc.)
Rent. (a) The rent reserved under this Lease Section 3.01. Tenant covenants and agrees to pay to Landlord from and after the Commencement Date and for the Term hereof shall be and consist remainder of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) term of this Paragraph 2); plus (b) such additional Lease, an annual rent (“Additional Annual Rent”) in an the amount equal to of one Dollar ($1), payable in advance on the first business day of each calendar year during the term. Landlord acknowledges that Tenant has prepaid the Annual Rent for the entire Term.
Section 3.02. Tenant will, at Tenant’s Proportionate Share of Expenses (sole cost and expense, bear, pay and discharge prior to delinquency, as such terms are defined in Paragraph 3 of this Lease) as may be payable additional rent, all Impositions which shall, pursuant to present or future law or otherwise, prior to or during the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofterm hereby granted, have been or be levied, charged, assessed, or imposed, and any other charges interest or penalties for late payment thereof; it being the intention of the parties hereto that the rents reserved herein shall be received and enjoyed by Landlord as a net sum free from all such Impositions. Landlord shall become due and payable hereunderbe responsible for all taxes, which Additional Rent including ad valorem real estate taxes, imposed on or otherwise relating to the Landlord Property.
Section 3.03. All payments of rent made by Tenant to Landlord hereunder shall be payable without prior notice or demand, and all other payments required to be made by Tenant to Landlord hereunder shall be payable upon such notice as hereinafter providedis herein required, all in lawful currency of the United States of America, or by check subject to collection, and shall be paid to Landlord by delivering or mailing the same by regular mail to the party to whom notices are to be sent pursuant to Section 17.01 or to such other person and/or at its office stated above, or such other place as Landlord may designatefrom time to time designate in writing.
Section 3.04. Tenant shall pay to Landlord throughout the term of this Lease the rents, in lawful money of the United States of Americaadditional rent and other payments hereunder, without abatement, deduction or set-off except as otherwise expressly provided herein; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated required to pay to any Impositions or any mortgage indebtedness or any interest on any mortgages that at any time may encumber the interests of Landlord in the monthly Fixed Rent from Premises.
Section 3.05. All additional rent and other payments provided for under this Lease shall constitute rent payable hereunder with the Commencement Date until same effect as if the earlier of (i) same were the date that rent reserved herein and, in the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy event of the Demised Premises, non-payment by Tenant of any such additional rent or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything other payments when due according to the contrary contained terms of this Lease, Landlord shall have the same rights and remedies in this Xxxxxxxxx 0, Xxxxxx respect thereof as Landlord shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet have or may have in respect of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Daterent herein reserved.
Appears in 2 contracts
Samples: Purchase Agreement (Calpine Corp), Purchase Agreement (Pepco Holdings Inc)
Rent. (a) The Tenant shall, without deduction, abatement or setoff of any nature whatsoever, except as elsewhere herein provided, pay to Landlord as fixed minimum rent reserved under this Lease for the Term hereof shall be Leased Premises Four Hundred Thirty-Six Thousand Four Hundred Forty and consist of 00/100 Dollars (a$436,440.00) the Fixed Rent per annum, payable in equal monthly installments of Thirty Six Thousand Three Hundred Seventy and 00/100 Dollars ($36,370.00) each, in advance, advance and without demand on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 term of this Lease) , at the office of the Landlord or at such other place or to such other person as Landlord may be payable pursuant from time to time designate in writing, except that Tenant shall pay the terms first monthly installment on the execution of this Lease. If the term of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur commence on a date other than the first calendar day of a calendar month, the rent such first installment shall be prorated for the partial month commencing period between the date of commencement of the term of this Lease and the first day of the following month. This minimum rent is calculated at $15.00 per square foot per annum based upon the Leased Premises comprising 29,096 square feet of rentable area determined as set forth on Exhibit "C" attached hereto based upon the Rent Commencement Date shall Leased Premises comprising [25,978] usable square feet calculated in accordance with BOMA standards and a common area factor of twelve percent (12%). Tenant may, at its option, either: (a) annually in advance provide the manager of the Premises, as same may be appropriately proappointed and designated by Landlord from time to time (the "Manager"), with twelve (12) post-rated on dated checks for the basis monthly installments due hereunder for said annual fixed minimum rent, each monthly installment to be applied to the obligations of Tenant by the Manager as same become due (the "Check Payment Option"), or (b) arrange for automatic monthly wire transfers to the Manager in the amount of the monthly rent payable during installments due hereunder (the first year "Automatic Wire Option") (the Check Payment Option and the Automatic Wire Option are hereinafter referred to collectively as the "Automatic Payment Plan"). In the event Tenant elects not to use an Automatic Payment Plan or does elect to use an Automatic Payment Plan and the rental obligations of Tenant are not timely met for any reason, other than failure of the Term.
Manager to apply a payment under the Check Payment Option by depositing the appropriate check, including but not limited to there being insufficient funds in the account of Tenant from which an Automatic Payment Plan is to be paid, any rental obligation or other amount due from Tenant to Landlord hereunder which is not paid within five (b5) Tenant does hereby covenant and agree promptly to pay business days of the Fixed Rentdate when due shall bear interest at the rate of eighteen percent (18%) per annum (or the highest rate permitted by applicable law, Additional Rent and any other charges herein reserved as and when whichever is less) from the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Termdate until paid, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same specifically provided herein, Tenant shall pay, together with but the payment of such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord excuse or cure any default by Tenant under the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)Lease.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Lease Agreement (American Homepatient Inc), Lease (American Homepatient Inc)
Rent. (a) The rent reserved Subject to subsection (c) below, commencing on and after the Commencement Date, Lessee shall pay Lessor all monetary obligations of Lessor under this each Prime Lease for the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during its respective Property applicable to the Term (subject to Paragraphs including, without limitation, base, fixed or minimum rent, percentage rent, additional rent, common area maintenance charges, real estate taxes and assessments, insurance charges, waste removal charges, merchants association dues, marketing, advertising and other promotional fund contributions, utility charges, HVAC and chilled water charges) (e) and (f) of this Paragraph 2collectively, the “Property Rent”); plus .
(b) such additional rent Commencing on and after the Commencement Date, Lessee shall pay directly to Lessor, at Lessor’s office at the address designated for notices to Lessor in Section 11(a) hereof, all other amounts payable by Lessee that arise as an independent obligation under this Sublease (the “Additional Rent”, together with the Property Rent, the “Rent”).
(c) in an amount equal Lessor and Lessee agree to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofcooperate, and to take all reasonably necessary or desirable actions possible, to arrange for all payments by Lessee of the Property Rent with respect to each Property directly to Prime Landlord with respect to such Property, and, with respect to each Property, to otherwise establish a direct relationship between Prime Landlord and Lessee with respect to all matters arising under the Prime Lease with respect to such Property and this Sublease with respect to such Property. All Property Rent with respect to any other charges as shall become due and payable hereunder, which Additional Rent Property shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; providedto Prime Landlord with respect to such Property (or, howeverif such Prime Landlord will not agree to such arrangement, that if then to Lessor at Lessor’s office at the address designated for notices to Lessor in Section 11(a) hereof in immediately available funds at least two (2) Business Days prior to the date when such Property Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not is due and payable on a monthly basis under such Prime Lease), or at such other place as either Prime Landlord or Lessor may designate, as the case may be, by notice to Lessee. Lessor and Lessee agree that it is the intention of Lessor and Lessee to pass all of Lessor’s obligations (without premium or xxxx-up) for Property Rent incurred under the Prime Lease during the TermTerm with respect to each Property to Lessee, unless and Lessee agrees to pay or otherwise reimburse Lessor for all of Lessor’s obligations for Property Rent incurred with respect to each Prime Leases and each Property. If a Prime Landlord will not accept a direct payment from Lessee of Property Rent under the respective Prime Lease, then, provided Lessee shall have delivered such Property Rent payment to Lessor within the time and in the manner specified hereinin this subsection (c), Lessor shall be deliver such payment of Property Rent to such Prime Landlord on or prior to the date when such Property Rent is due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay under such Prime Lease and in such manner as provided under the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaidrespective Prime Lease.
(d) Tenant may pay All obligations of Lessee and Lessor under this Section 4 shall survive the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy termination of the Demised Premises, Prime Leases or (ii) March 1, 2001 (the “Rent Commencement Date”)this Sublease.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Sublease (Express Parent LLC), Sublease (Express Parent LLC)
Rent. All rent and other amounts paid by the tenants under the Leases (a) The rent reserved under this Lease collectively, “Rent”), for the Term hereof month of Closing shall be and consist prorated as of (a) the Fixed Rent payable in equal monthly installments in advance, Closing Date based on the first day respective number of each days of ownership of Seller and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) Buyer for such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of Americamonth; provided, however, that neither Buyer nor Seller shall receive credit at Closing for any Rent that is past due (the “Past Due Rent”). Following the Closing, if the Buyer or Seller receives any payment from any tenant for which Past Due Rent Commencement Date shall occur on a date other than the first calendar day of a monthis outstanding, the rent for the partial month commencing on the Rent Commencement Date such payment shall be appropriately pro-rated distributed in the following order of priority: (a) first, to Buyer for Rent then due and payable by such tenant under its Lease which accrues on or after the basis of the monthly rent payable during the first year of the Term.
Closing Date, (b) Tenant does hereby covenant next, on a prorated basis to Buyer and agree promptly to pay the Fixed Rent, Additional Seller for Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during by such tenant under its Lease which accrues in the Termmonth in which the Closing Date occurs, unless otherwise specified hereinand (c) then, shall be after payment in full of all such amounts then due and payable within fifteen (15) days to Buyer from such tenant, to Seller to the extent of delivery all Past Due Rent owed by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall paysuch tenant, together with such paymentinterest and late charges, if applicable. If any Past Due Rent is not paid to Seller within sixty (60) days after Closing, Seller shall have the Late Charge and interest at 12% per annum for such unpaid amount for right to attempt to effect collection by litigation or otherwise so long as Seller does not take any action to terminate the period thereafter that such payment tenant’s lease or right to possession. Buyer shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional cooperate with Seller in its efforts to collect Past Due Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx but shall not be obligated required to pay incur any cost with respect to Landlord such cooperation or take any action against any tenant to terminate the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary tenant’s lease or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)right to possession.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.)
Rent. Commencing on the Lease Commencement Date, Tenant covenants and agrees to pay to Landlord in lawful money of the United States of America, during each lease year, an annual rental in the amount of Two Hundred Forty Thousand and No/ 100 Dollars (a$240,000.00) The rent reserved under this Lease for (the Term hereof shall be and consist of (a"Rent") the Fixed Rent payable in equal monthly installments of Twenty Thousand and No/100 Dollars ($20,000.00) each, in advance, advance on or before the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease. Commencing on the Delivery Date (as defined in Section 2.3 hereof), the Rent previously referenced in this Lease shall be deleted and, in lieu thereof, the Rent shall be calculated by taking the actual costs incurred by Landlord to purchase the Premises (i.e., the cost of the building and the land, which amount Landlord represents is $585,000.00) and adding thereto the cost incurred in by Landlord in connection with renovating the Premises to convert the Premises into a NationsRent store in accordance with Section 2.4 hereof and taking this sum and multiplying it by the Cap Rate (as may be payable pursuant hereinafter defined) to arrive at the per annum rent figure for the Lease Term, but in no event shall the total costs of the purchase of the Premises and renovation by Landlord exceed $2,585,000.00; subject, however, to the terms addition of Change Orders approved by Tenant in accordance with Exhibit "B". Landlord shall provide to Tenant a copy of the closing statement for the purchase of the Premises, invoices and receipts for the renovations and such other reasonable documentation requested by Tenant. The Cap Rate for the initial five (5) years of the Lease Term shall be 11.5% per annum. Landlord represents to Tenant that the interest rate in Landlord's mortgage encumbering the Premises ("Mortgage Rate") is currently 8.5% per annum and that the Mortgage Rate is subject to increase by Landlord's mortgagee once every five (5) years. Accordingly, if Landlord's existing mortgagee increases the Mortgage Rate, then Tenant's Cap Rate shall also increase by the same percentage point increase but Tenant's Cap Rate shall not increase by more than two (2) percentage points once every five (5) year period ("ceiling"). By way of example, if Landlord's mortgagee increases Landlord's Mortgage Rate by one (1) percent to 9.5% per annum, then Tenant's Cap Rate shall be adjusted to 12.5% per annum [i.e.-one (1) percentage point]. Should Landlord's Mortgage Rate decrease, then Tenant's Cap Rate shall also decrease by the same percentage point decrease, but in no event shall Tenant's Cap Rate decrease to a rate less than 11.5% per annum ("floor"). Prior to any adjustment in the Cap Rate, Landlord shall provide Tenant with reasonable documentation showing the adjustment in the Mortgage Rate, the recalculation of the Cap Rate and the recalculation of the Rent for the next five (5) year period. The increase or decrease in the Rent, as the case may be, shall be retroactive to the date the Mortgage Rate was adjusted (provided that the Cap Rate shall only be adjusted once every five (5) years throughout the Lease Term and all extensions thereof and subject to the ceiling and floor on the Cap Rate as described herein). If Landlord refinances its current mortgage on the Premises with a bona fide third party lender, then the provisions of this Lease paragraph shall continue to apply including the limitation on adjustment of the Cap Rate once every five (5) years during the Term and all charges for services subject to the ceiling and utilities pursuant to Paragraph 15 hereof, and any other charges the floor as shall become due and payable hereunder, which Additional provided herein. The Rent shall be payable as hereinafter provided, in equal monthly installments in advance on or before the first day of each and every calendar month of the Term of this Lease. The Rent shall be paid in addition to and over and above all other payments to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money made by Tenant herein. The first lease year shall be a full year commencing on the Lease Commencement Date and each following lease year shall be an annual period commencing on the anniversary date of the United States of America; provided, however, that Lease Commencement Date. Appropriate proration shall be made if the Rent Lease Commencement Date shall occur is not on a date other than the first calendar day of a calendar month, or if the rent for date of termination of the partial month commencing lease is not on the last day of a calendar month. In addition, upon the occurrence of the Delivery Date and the determination of the Rent Commencement Date as set forth in this Section 4.1, payment of the recalculated Rent shall be appropriately pro-rated on retroactive to the basis of Delivery Date and the monthly rent payable during appropriate proration shall be made if the Delivery Date is not the first year day of a calendar month. The parties shall execute, acknowledge and deliver to each other the Term.
(b) written statement attached hereto as Exhibit "C" specifying the Delivery Date and the Rent payable by Tenant does hereby covenant and agree promptly to pay the Fixed Renthereunder. Further, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days upon request of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such paymenteither party, the Late Charge and interest at 12% per annum for such unpaid amount for parties shall re-execute the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and written statement after any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained adjustment in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Datehereunder.
Appears in 2 contracts
Samples: Lease Agreement (Nationsrent Inc), Lease Agreement (Nationsrent Inc)
Rent. (a) The rent reserved under this Lease 7.1. Tenant shall pay to Landlord as Base Rent for the Premises, commencing on the Term hereof Commencement Date, the sums set forth in Section 2.3, Base Rent shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments as set forth in advanceSection 2.3, each in advance on the first day of each and every calendar month during the Term (subject Term.
7.2. In addition to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such Base Rent, Tenant shall pay to Landlord as additional rent (“Additional Rent”) at times hereinafter specified in an amount equal this Lease (a) any increase in Taxes (as defined below) payable with respect to the Project, based upon Tenant’s Proportionate Share Pro Rata Share, in excess of Taxes for the calendar year ending December 31, 2013 (the “Base Year”), (b) any increase in Operating Expenses, based upon Tenant’s Pro Rata Share, in excess of Operating Expenses for the Base Year and (as such terms are defined in Paragraph 3 of this Leasec) as may be payable pursuant any other amounts that Tenant assumes or agrees to pay under the terms provisions of this Lease that are owed to Landlord, including any and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall sums that may become due by reason of any default of Tenant or failure on Tenant’s part to comply with the agreements, terms, covenants and payable hereunderconditions of this Lease to be performed by Tenant, which after notice and the lapse of any applicable cure periods.
7.3. Base Rent and Additional Rent shall together be payable as hereinafter provided, all to denominated “Rent.” Rent shall be paid to Landlord at its office stated aboveLandlord, without abatement, deduction or such other place as Landlord may designateoffset, in lawful money of the United States of AmericaAmerica at the office of Landlord as set forth in Section 2.8 or to such other person or at such other place as Landlord may from time designate in writing. In the event the Term commences or ends on a day other than the first day of a calendar month, then the Rent for such fraction of a month shall be prorated for such period on the basis of the number of days in the month and shall be paid at the then-current rate for such fractional month.
7.4. Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by (a) any Applicable Laws now or hereafter applicable to the Premises, (b) any other restriction on Tenant’s use, or (c) except as expressly provided herein, any casualty or taking. Tenant’s obligation to pay Rent with respect to any period or obligations arising, existing or pertaining to the period prior to the date of the expiration or earlier termination of the Term or this Lease shall survive any such expiration or earlier termination; provided, however, that if the Rent Commencement Date nothing in this sentence shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly in any way affect Tenant’s obligations with respect to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the sameperiod.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Rent. (a) Unless otherwise agreed upon, the tenant shall ensure that the rent is delivered to the address provided by the landlord. Rent payments are due on the day of each . The tenant must pay the rent reserved under this Lease on time. If the rent is not paid on the date it is due, the landlord may charge a late payment fee of $10.00 for the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day the rent is due and $2.00 a day after that until the rent is paid in full (maximum late payment fee – $100.00). The landlord may also give the tenant a Notice of each and every calendar month Termination for Non- Payment of Rent. The tenant agrees to pay rent to the landlord in the following amount: Basic Rent: $ For parking spaces: $ Other (specify): $ Rent Payable $ Less Rent Discount* $ Actual Amount Tenant Must Pay: $ The landlord plans to increase the rent by the annual rent increase guideline on (date) . The landlord must provide the tenant with a Notice of Rent Increase at least 3 months before the rent is increased. The landlord plans to apply for a rent increase above the guideline to increase the rent on (date) . The proposed Rent Payable will be $ . The landlord must provide the tenant with a Notice of Rent Increase at least 3 months before the rent is increased. A landlord is not required to offer a rent discount, but if a discount is given, it must be set out in writing. Reducing or removing a rent discount is not considered a rent increase under The Residential Tenancies Act. However, an unconditional discount cannot be reduced or removed unless the tenant receives written notice of at least 3 months. If a tenancy agreement or discount agreement is for a fixed term, a landlord cannot reduce or remove an unconditional discount during the Term (term of the agreement. If a discount is subject to Paragraphs (e) and (f) a condition, e.g. paying the rent on time, the landlord can withdraw it without notice if the tenant does not meet the condition. The landlord is offering a rent discount of this Paragraph 2); plus (b) such additional $ subject to the following conditions: Discount is the same as last year’s or increased by $ . Discount is reduced by $ . Discount is removed. The proposed Rent Payable is subject to an application to the Residential Tenancies Branch for an above-guideline rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as increase. The discount may be payable pursuant to reduced or removed depending on the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and final decision on the landlord’s application. In any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a monthevent, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the TermActual Amount Tenant Must Pay will not exceed $ .
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Residential Tenancy Agreement, Residential Tenancy Agreement
Rent. (a) The rent reserved under this Lease 7.1. Tenant shall pay to Landlord as Base Rent for the Term hereof Premises, commencing on December I, 2018 (the “Rent Commencement Date”), the sums set forth in Section 2.3, subject to the rental adjustments provided in Article 8 hereof. Base Rent shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments as set forth in advanceSection 2.3, subject to the rental adjustments provided in Article 8 hereof, each in advance on the first day of each and every calendar month during the Term (subject Term.
7.2. In addition to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such Base Rent, Tenant shall pay to Landlord as additional rent (“Additional Rent”) at times hereinafter specified in an amount equal to this Lease (a) Tenant’s Proportionate Adjusted Share (as defined below) of Operating Expenses (as such terms are defined in Paragraph 3 of this Leasebelow), (b) the Property Management Fee (as may be payable pursuant defined below) and (c) any other amounts that Tenant assumes or agrees to pay under the terms provisions of this Lease that are owed to Landlord, including any and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall sums that may become due by reason of any default of Tenant or failure on Tenant’s part to comply with the agreements, terms, covenants and payable hereunderconditions of this Lease to be performed by Tenant, which after notice and the lapse of any applicable cure periods.
7.3. Base Rent and Additional Rent shall together be payable as hereinafter provided, all to denominated “Rent.” Rent shall be paid to Landlord at its office stated aboveLandlord, without abatement, deduction or such other place as Landlord may designateoffset, in lawful money of the United States of AmericaAmerica to the address set forth in Section 2.8 or to such other person or at such other place as Landlord may from time designate in writing. In the event the Term commences or ends on a day other than the first day of a calendar month, then the Rent for such fraction of a month shall be prorated for such period on the basis of the number of days in the month and shall be paid at the then-current rate for such fractional month.
7.4. Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by (a) any Applicable Laws now or hereafter applicable to the Premises, (b) any other restriction on Tenant’s use, (c) except as expressly provided herein, any casualty or taking or (d) any other occurrence; and Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover rent. Tenant’s obligation to pay Rent with respect to any period or obligations arising, existing or pertaining to the period prior to the date of the expiration or earlier termination of the Term or this Lease shall survive any such expiration or earlier termination; provided, however, that if nothing in this sentence shall in any way affect Tenant’s obligations with respect to any other period.
7.5. Provided that Tenant is not then in default of this Lease (beyond the expiration of all applicable notice and cure periods expressly set forth in this Lease), then during the initial six (6) calendar months of the Term following the Rent Commencement Date shall occur on a date other than (the first calendar day of a month, the rent for the partial month commencing on the “Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided hereinAbatement Period”), Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay any Base Rent otherwise attributable to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement DateAbatement”).
. Landlord and Tenant acknowledge that the aggregate amount of the Rent Abatement shall be in an amount not to exceed Two Hundred Seventy-Eight Thousand Two Hundred Seven and 70/100 Dollars (f) Notwithstanding anything $278,207.70). 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 contrary contained rental and performing the terms and conditions otherwise required under this Lease. If Tenant shall be in default under this Lease beyond any applicable notice and cure period provided in this Xxxxxxxxx 0Lease, Xxxxxx then Tenant’s right to receive the Base Rent Abatement for the Base Rent Abatement Period shall not automatically terminate as of the date of such default and Tenant shall immediately be obligated to pay begin paying Base Rent for the Premises in full. The Base Rent Abatement shall be personal to Landlord the portion of monthly Fixed Rent attributable original Tenant and shall only apply to 22,417 rentable square feet the extent that the original Tenant (and not any assignee, or any sublessee or other transferee of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars original Tenant’s interest in this Lease) is the Tenant under this Lease during the Base Rent Abatement Period. Nothing in this Section shall work to axxxx or reduce ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after during the Rent Commencement DateAbatement Period or otherwise) Tenant’s obligations under this Lease with respect to Additional Rent including (without limitation) Tenant’s obligations with respect to Tenant’s Adjusted Share of Operating Expenses and the Property Management Fee.
Appears in 2 contracts
Samples: Lease (Erasca, Inc.), Lease Agreement (Erasca, Inc.)
Rent. 3.1 During the Term, Tenant shall pay minimum annual rent (athe “Minimum Rent”) The rent reserved of $5,622,900.00 per annum, together with all other sums of money as shall become due and payable by Tenant under this Lease for (hereinafter called “additional rent” or “Additional Rent”) which Tenant agrees to pay in lawful money of the Term hereof United States of America which shall be legal tender in payment of all debts and consist dues, public and private, at the time of (a) the Fixed Rent payable payment, in equal monthly installments in advance, advance on the first day of each month during said term, at the office of Landlord or such other place as Landlord may designate in writing, without any set off or deduction whatsoever, except that Tenant shall pay the first monthly installment(s) on the execution hereof. The Minimum Rent and every Additional Rent are collectively referred to herein as the “rent”.
3.2 If the payment of Minimum Rent hereunder shall commence on any day other than the first day of a calendar month, then the Minimum Rent for such calendar month during shall be prorated on a per diem basis, and any excess amount paid on the Term (subject to Paragraphs (e) and (f) execution of this Paragraph 2); plus Lease shall be credited to the Minimum Rent for the next calendar month.
3.3 In the event Landlord leases all or any portion of the space identified on Exhibit C attached hereto to a third party (b) such additional rent (a “Additional RentThird Party Lease”) in Tenant shall be entitled to a credit against the Minimum Rent and Additional Rent payable by Tenant hereunder by an amount equal to Tenant’s Proportionate Share of Expenses (any Net Third Party Rents actually received by Landlord, as such shown on Landlord’s Operating Statement in accordance with the terms are defined set forth in Paragraph 3 Section 5.3(c). For purposes of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a monthSection 3.3, the rent for the partial month commencing on the Rent Commencement Date term “Net Third Party Rents” shall be appropriately pro-rated on the basis mean all rents, additional charges or other consideration payable under a Third Party Lease which are in excess of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rentany brokerage commissions, Additional Rent and any other charges herein reserved as and when the same shall become due and payabletenant allowances, without demand thereforfree rent, and without any set-off or deduction whatsoever. All Additional Rent landlord alterations, reimbursements, reasonable attorney’s fees and other charges payable hereunder, which are not due costs and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery expenses incurred by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together in connection with such payment, Third Party Lease amortized over the Late Charge and interest at 12% per annum for term of such unpaid amount for the period thereafter that such payment Third Party Lease. In no event shall remain unpaidunforfeited security deposits be considered Net Third Party Rents.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Lease Agreement (Armstrong World Industries Inc), Lease Agreement (Armstrong Flooring, Inc.)
Rent. (a) The rent reserved under this Lease for Tenant shall pay to the Term hereof shall be and consist of (a) Landlord as Base Rent, in legal tender, at the Fixed Rent Landlord’s office as set forth in Exhibit “B”, or as directed from time to time by Landlord’s notice, the annual amount set forth in Exhibit “B” payable in equal monthly installments payments as set forth in advance, Exhibit “B” promptly on the first day of each and every calendar month of the term, except for the first month’s rent which is due and payable on execution of this Lease, and pro rata, in advance for any partial month, without demand, the same being hereby waived and without any set-off or deduction whatsoever. For any rent payment not made when due, Tenant shall pay — except as otherwise provided for herein — a late charge equal to the greater of: i) $100.00 or ii) ten percent (10%) of the overdue amount. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of such late payment. The covenants herein to pay a late charge shall be independent of any other covenant set forth in this Lease and shall be paid without deduction or set-off.
(b) It is understood that the Base Rent specified in Paragraph (a) was negotiated in anticipation that the amount of Operating Expenses on the Property would not exceed $271,970.00 during any calendar year of the Term term hereof. Therefore, in order that the rental payable throughout the term of the Lease shall reflect any increase in such costs, the parties agree as hereinafter in this Section set forth. The annual Base Rent payable pursuant to Paragraph (subject a) as increased pursuant to Paragraphs Paragraph (e) and (fb) of this Paragraph 2); plus (b) such additional rent (Section is hereinafter called the “Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such . Certain terms are defined as follows: Tenant’s Share: The amount of Tenant’s pro rata share of the increase in Paragraph 3 Taxes and Operating Expenses over $271,970.00 during each calendar year. Tenant’s pro rata share of this Leasesuch increase is agreed to be 10%.
(A) as may be payable pursuant Operating Expenses shall consist of all expenses, costs and disbursements (but not specific costs billed to specific tenants of the Property) of every kind and nature, computed on the accrual basis, relating to or incurred or paid in connection with the ownership and operation of the Property, including but not limited to, the following:
(i) wages and salaries of all on and off-site employees engaged in the operation, maintenance or access control of the Property, including taxes, insurance and benefits relating to such employees, allocated based upon the time such employees are engaged directly in providing such services;
(ii) all supplies, tools, equipment and materials used in the operation and maintenance of the Property;
(iii) cost of all utilities for the Property including but not limited to the terms cost of this Lease water and power for heating, lighting, air conditioning and ventilating in the common areas;
(iv) cost of all charges maintenance and service agreements for services the Property and utilities pursuant the equipment therein, including but not limited to Paragraph 15 hereofsecurity service, garage operators, window cleaning, elevator maintenance, janitorial service and landscaping maintenance;
(v) cost of management, not to exceed five per cent (5%), of actual base rent received;
(vi) cost of repairs and general maintenance of the Property (excluding repairs, alterations and general maintenance paid by proceeds of insurance or attributable solely to tenants of the Property other than Tenant);
(vii) amortization (together with reasonable financing charges) of the cost of installation of capital investment items which are installed for the purpose of reducing operating expenses, promoting safety, complying with governmental requirements or maintaining the first class nature of the Property, other than capital items installed in connection with Lessor’s initial construction of the Property;
(viii) the cost of all insurance on the Property, including, but not limited to, the cost of casualty, rental abatement and liability insurance applicable to the Property and Lessor’s personal property used in connection therewith; and
(ix) all taxes, assessments and governmental charges, whether or not directly paid by Lessor, whether federal, state, county or municipal and whether they be by taxing districts or authorities presently taxing the Property or by other subsequently created or otherwise, and any other charges as shall become due taxes and payable hereunderassessments attributable to the Property or its operation, which Additional Rent shall be payable as hereinafter providedexcluding, all to be paid to Landlord at its office stated abovehowever, federal and state taxes on income, death taxes, franchise taxes, and any taxes imposed or such other place as Landlord may designate, in lawful money measured on or by the income of Lessor from the operation of the United States Property or imposed in connection with any change of Americaownership of the Property; provided, however, that if at any time during the Rent Commencement Date shall occur on a date other than the first calendar day term of a monththis Lease, the rent present method of taxation or assessment shall be so changed that the whole or any part of the taxes, assessments, levies, impositions or charges now levied, assessed or imposed on real estate and the improvements thereof shall be discontinued and as a substitute therefor, or in lieu of an addition thereto, taxes, assessments, levies, impositions or charges shall be levied, assessed and/or imposed wholly or partially as a capital levy or otherwise on the rents received from the Property or the rents reserved herein or any part thereof, then such substitute or additional taxes, assessments, levies, impositions or charges, to the extent so levied, assessed or imposed, shall be deemed to be included within the operating expenses to the extent that such substitute or additional tax would be payable if the Property were the only property of the Lessor subject to such tax.
(B) In order to provide for current payments on account of an increase in the annual Operating Expenses in excess of $271,970.00, the Tenant agrees, at Landlord’s request, to pay, as additional rent, Tenant’s Share due for the partial month ensuing twelve (12) months, as estimated by Landlord from time to time, in twelve (12) monthly installments, each in an amount equal to 1/12th of Tenant’s Share so estimated by Landlord commencing on the Rent Commencement Date first day of the month following the month, in which Landlord notifies Tenant of the amount of such estimated Tenant’s Share. If, as finally determined, Tenant’s Share shall be appropriately pro-rated greater than or be less than the aggregate of all installments so paid on account to the basis Landlord for such twelve (12) month period, then Tenant shall pay to Landlord the amount of such underpayment, or the Landlord shall credit Tenant for the amount of such overpayment, as the case may be. It is the intention hereunder to estimate the amount of Operating Expenses for each year and then to adjust such estimate in the following year based on actual Operating Expenses incurred and/or paid by Landlord. The obligation of the monthly rent payable during Tenant with respect to the first year payment of Rent shall survive the termination of this Lease. Any payment, refund, or credit made pursuant to this Paragraph (b) shall be made without prejudice to any right of the Tenant to dispute the statement under Paragraph (d) of this Section, or of the Landlord to correct, any item(s) as billed pursuant to the provisions hereof. If the term remaining is less than a full calendar year, then Tenant shall only owe the increase in the Operating Expenses for the full year appropriately adjusted for the period remaining in the Tenant’s Term.
(bC) Upon receipt of the Landlord’s statement, Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional increases in Rent and any other charges herein reserved pursuant to Paragraph (b) of this Section as and when the same shall become due and payable, without further demand therefortherefore, and without any set-off or deduction whatsoever. All Additional Failure to give such statement shall not constitute a waiver by Landlord of its right to require an increase in Rent and other charges payable hereunderpursuant to the provisions hereof.
(D) Within thirty (30) days after receipt of such statement, which are not due and payable on a monthly basis Tenant or its authorized employee shall have the right to inspect the books of Landlord at reasonable times during the Termbusiness hours of Landlord at Landlord’s office in the Building or, unless otherwise specified hereinat Landlord’s option, at such other location that Landlord may specify, for the purpose of verifying information in such statement. Unless Tenant asserts specific errors within thirty (30) days after delivery of such statement, the statement shall be due deemed to be correct. Such inspection or audit shall be conducted by Tenant or tenant’s employee or Tenant’s auditor; but in no event shall the audit be conducted by a third party whose compensation is contingent upon the results of such audit or the amount of any refund received by Tenant. Tenant hereby agrees to keep the results of any such audit confidential and payable within fifteen to require Tenant’s auditor and its employees and each of their respective attorneys and advisors to likewise keep the results of such audit in strictest confidence. In particular, but without limitation, Tenant agrees that: (15i) days Tenant shall not disclose the results of delivery by any such audit to any past, current, or prospective tenant of the Property, and (ii) Tenant shall require, that its auditors, attorneys and anyone associated with such parties shall not disclose the results of such audit to any past, current or prospective tenant in the Property; provided, however, that Landlord hereby agrees that nothing in items (i) or (ii) above shall preclude Tenant from disclosing the results of such audit in any judicial proceeding, or pursuant to Tenant of notice any court order or discovery request, or to pay any agent, representative, or employee or Landlord who or which request the same.
(cE) In No decrease in Operating Expenses shall reduce Tenant’s Rent below the event that any payment annual Base Rent set forth in Paragraph (a) of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaidthis Section.
(dF) All costs and expenses which Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord assumes or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated agrees to pay to Landlord pursuant to this Lease shall be deemed additional rent and, in the monthly Fixed Rent from event of non-payment thereof, Landlord shall have all the Commencement Date until the earlier rights and remedies herein provided for in case of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) non-payment of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)Rent.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Office Lease (Alimera Sciences Inc), Office Lease (Alimera Sciences Inc)
Rent. (a) The rent reserved under this Lease for the Term hereof Sublessee shall be and consist of (a) the Fixed Rent payable pay Sublessor rent, in advance, without notice or demand in equal monthly installments in advancepayments, on or before the first day of each and every calendar month month, during the period of time indicated below at the following rates: Lease Term (subject to Paragraphs (e) and (f) Rental Rate June 1, 1995 - May 31, 1997 $14.00 per rentable square foot per year June 1, 1997 - May 31, 1999 $15.00 per rentable square foot per year June 1, 1999 - May 31, 2000 $16.00 per rentable square foot per year The total rentable square feet of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent 21,996 shall be payable as hereinafter provided, all multiplied by Fourteen Dollars ($14.00) to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of produce the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the annual base rent for the partial month commencing on initial two years of the Rent Commencement Date term of the Sublease and thereafter the total rentable square feet shall be appropriately pro-rated on multiplied by the basis of rental rate indicated in the schedule above to determine the annual base rental payable by Sublessee. The applicable annual rent shall be divided by 12 to determine the monthly rent payable during the first year of the Termby Sublessee.
(b) Tenant does hereby covenant and agree promptly Any additional sum Sublessee is required to pay Sublessor under the Fixed terms of this Sublease is designated as Additional Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, The obligation to pay rent including Additional Rent or any other charges shall be paid after hereunder is an independent covenant of the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge Sublessee and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaidbe net of any other obligation Sublessee may have and shall be made without demand, offset or counterclaim.
(d) Tenant may pay Except as specifically set forth herein, Sublessor's only obligations are as set forth in this Sublease and Sublessee indemnifies Sublessor of all costs and liabilities incurred by Sublessor on account of Sublessee's tenancy of the Fixed Rent, Additional Rent and Subleased Premises or failure of Sublessee to perform any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bankits obligations hereunder.
(e) Notwithstanding anything Any rent and/or additional rent shall be paid to the contrary contained in this Xxxxxxxxx 0Sublessor at 00 Xxxxxxx Xxxxxx, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised PremisesXxxxxxxxxx, or (ii) March 1Xxxxxxxxxxxx 00000, 2001 (the “Rent Commencement Date”)Attention: X. Xxxxxx.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Rent. (a) 4.1 MONTHLY BASE RENT. The rent reserved under this Lease for the Term hereof following Schedule shall apply: • June 1st 2011 to December 31st, 2011 $ 6,000 per month • January 1st 2012 to December 31st, 2012 $ 9,000 per month • January 1st 2013 to December 31st, 2013 $ 10,500 per month • January 1st 2014 to December 31st, 2014 $ 11,500 per month • January 1st 2015 to November 30th, 2015 $ 13,000 per month The monthly base rental due hereunder shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on to Lessor by the first day of each and every calendar month during the Term (subject at the address stated herein or to Paragraphs (e) such other persons or at such other places as Lessor may designate in writing and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided. All rent shall be payable to Lessor’s bank account by regular electronic deposit, howeverwithout prior demand or notice and without deduction or set off for counterclaim. The Lessee further agrees to pay Lessor, that in addition to the rent as provided herein, all privilege, sales, excise, rental and other taxes (except income taxes) imposed now or hereinafter imposed by any governmental authority upon the rentals and all other amounts herein provided to be paid by the Lessee to the Lessor. Said payment shall be in addition to and accompanying each monthly rental payment made by Lessee to Lessor. The base rental set forth in this Section 4.1 is a negotiated figure and shall govern whether or not the actual gross rentable square footage of the Premises is the same as set forth in Section 12 hereof. Lessee shall have no right to withhold, deduct or offset any amount from the base monthly rental or any other sum due hereunder even if the actual gross rentable square footage of the Premises is less than that set forth in Section 12. Rent Commencement Date shall occur on a date other for any period during the Term which is for less than the first calendar day of a month, the rent for the partial one month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis a pro rata portion of the monthly installment. The term “rent” as used herein, unless otherwise specified, shall refer collectively to the monthly base rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoeversums required to be paid by Lessee to Lessor hereunder. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after without deduction, offset, prior notice or demand, and Lessor’s acceptance of any rent payment that is for less than the entire amount then currently due date for same provided herein, Tenant hereunder shall pay, together with such payment, the Late Charge be only as an acceptance on account and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed constitute an accord and satisfaction or a certificate (temporary or final) of occupancy has been issued waiver by appropriate governmental authority permitting occupancy Lessor of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet balance of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for rent due or a waiver of any of the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Dateremedies available to Lessor by reason of Lessee’s continuing default hereunder.
Appears in 2 contracts
Samples: Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc), Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc)
Rent. (a) The During the Term, Lessee shall pay the rent reserved under this Lease for the Term hereof shall be and consist provided in Item 6 of Schedule B (a"Basic Rent") the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term to Lessor (subject or to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place party as Landlord Lessor may designate, from time to time specify in writing) in lawful money of the United States by electronic transfer of America; providedimmediately available funds before 1:00 P.M., howeverEastern Time, that if at such place, within the continental United States, as Lessor may from time to time designate to Lessee in writing. Basic Rent Commencement shall be payable by Lessee in installments in the amounts set forth in Item 6 of Schedule B and (except for the first payment of Basic Rent which shall be due and payable on, or no more than thirty (30) days prior to, the date of commencement of the Basic Term) shall be due and payable on, or no more than thirty (30) days prior to, the dates specified in Item 6 of Schedule B ("Installment Payment Dates") and shall constitute Basic Rent for the periods specified in said Item 6. If any Installment Payment Date shall occur falls on a date other day which is not a Business Day, Basic Rent shall be due and payable on, or no more than the first calendar day of a monththirty (30) days prior to, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Termimmediately prior Business Day.
(b) Tenant does hereby covenant and agree promptly All amounts which Lesseeds required to pay or discharge pursuant to this Lease in addition to Basic Rent (including, without limitation, if otherwise due and payable under this Lease, (i) amounts payable as the Fixed purchase price for the Leased Property, (ii) any amounts payable as liquidated damages hereunder, and (iii) amounts representing costs, expenses, liabilities and obligations due to or incurred by or on behalf of Lessor as a result of or in connection with the enforcement of any remedy or the exercise of any right by or on behalf of Lessor), and all amounts representing all other expressly stated obligations of Lessee under this Lease and the other Lease Documents which could be discharged by Lessee with the payment of money (including, by way of example, pursuant to a contract for performance of such obligation with a third party) as reasonably determined by or on behalf of Lessor, and after any applicable notice and/or cure periods whether or not Lessor or any other person has incurred any expense in connection therewith in the exercise of any right by or on behalf of Lessor, together with every penalty, overdue interest and cost which may be added for nonpayment or late payment of any of the foregoing, shall constitute additional rent hereunder ("Additional Rent"). If Lessee fails to perform any expressly stated obligation of Lessee under this Lease or any of the other Lease Documents within the time required hereunder or thereunder which could be discharged by Lessee by the payment of money (including, by way of example, pursuant to a contract for performance of such obligation with a third party) as reasonably determined by or on behalf of Lessor, and after any applicable notice and/or cure periods then, whether or not Lessor or any other person has incurred any expense in connection therewith in the exercise of any right by or on behalf of Lessee, immediately upon demand by Lessor, Lessee shall owe, as Additional Rent hereunder, the amount required to discharge such obligation as reasonably determined by or on behalf of Lessor, which amount shall be immediately due and payable. If Lessee fails to pay or discharge any Additional Rent and any other charges such failure constitutes an Event of Default, Lessor shall have all rights, powers and remedies provided for herein reserved as and when or by law or otherwise in the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoevercase of nonpayment of Basic Rent. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the TermLessee shall, unless otherwise specified hereinrequested by Lessor, shall be due and payable within fifteen (15) days of delivery by Landlord pay Additional Rent directly to Tenant of notice the Person entitled thereto. Lessee also covenants to pay the same.
(c) In the event that any payment of Fixed to Lessor on demand as. Additional Rent, Additional interest at a rate (the "Overdue Rate"), calculated on the basis of a 360-day year of twelve (12) equal months, equal to the greater of (a) 8.25% per annum or (b) 3.5% per annum over the then current prime rate of interest publicly announced by Citibank, N.A. (or its successor) as its "base" or "prime" rate of interest effective in New York, New York, as such rate of interest may change from time to time and if Citibank, N.A. (or its successor) ceases to announce a prime rate, then the current prime rate of interest published by the Wall Street Journal or its successor from time to time, but in no event greater than the maximum rate permitted by applicable Legal Requirements, on (i) all overdue installments of Basic Rent or any other charges shall be paid after from the due date for same provided hereinthereof until paid in full, Tenant (ii) all overdue amounts of Additional Rent, arising out of obligations which Lessor shall pay, together with such payment, have paid on behalf of Lessee pursuant hereto from the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that date of such payment shall remain unpaid.
by Lessor until paid in full, and (diii) Tenant may pay each other sum required to be paid by Lessee hereunder which is overdue, from the Fixed Rent, Additional Rent and any other charges herein reserved date such sum was due until the date received by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated Person entitled thereto. Lessee also covenants to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of Lessor on demand as Additional Rent, a late fee equal to five percent (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final5%) of occupancy any Basic Rent or Additional Rent which has not been issued paid within five (5) days after the same is due. If any Basic Rent or Additional Rent is collected by appropriate governmental authority permitting occupancy of the Demised Premisesor through an attorney, or (ii) March 1as Additional Rent, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated Lessee agrees to pay all reasonable costs of collection, including, but not limited to Landlord the portion reasonable attorney's fees and to reimburse Lessor for any reasonable costs of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premisescollection, being Fifty-six Thousand Forty-two including without limitation, reasonable attorney's fees and 50/100 Dollars ($56,042.50) per monthexpenses, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Dateincurred by Lessor's Mortgagee.
Appears in 2 contracts
Samples: Lease Agreement (Maxxam Inc), Lease Agreement (Maxxam Inc)
Rent. (a) The rent reserved under this Lease for During the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advanceInitial Term, Lessee will pay to Lessor on the first day Business Day of each and every calendar month during Quarter the payment set forth on Schedule 1 for such Quarter (or, if applicable, the pro- rated portion thereof) (the “Initial Term (subject to Paragraphs (e) and (f) of this Paragraph 2Rent Payments”); plus (b) such additional rent (“Additional Rent”) . The Initial Term Rent Payments for a Quarter shall be adjusted in an amount equal to Tenant’s Proportionate Share any applicable increase or decrease calculated in accordance with the methodology set forth in Exhibit C. The Initial Term Rent Payments shall be payable through the end of Expenses the Initial Term notwithstanding any termination of this Lease (and the obligation to make all such Initial Term Rent Payments will be treated as having been incurred at the inception of the Initial Term), except for a termination pursuant to Section 3.1(f). In the event that this Lease is terminated pursuant to Section 3.1(f) prior to the end of the Initial Term, no further Initial Term Rent Payments shall be due, though the Lessee will pay to the Lessor a pro-rated amount of the Initial Term Rent Payment due with respect to the Quarter in which this Lease is terminated. With respect to the first payment to be made hereunder for the first Quarter of the Initial Term, Lessee shall pay to Lessor (i) on the Effective Date, the pro-rated portion of the Initial Term Rent Payment set forth on Schedule 1 for such Quarter for the period of time from and including the Effective Date to the end of such Quarter, and (ii) within fifteen (15) Days after the Effective Date, the pro-rated portion of the all rent payments due under the Exchange Lease for the period of time from the first day of the current Renewal Term (as such terms are term is defined in Paragraph 3 of this the Exchange Lease) as may be payable pursuant under the Exchange Lease to (but not including) the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the TermEffective Date.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the During each Renewal Term, unless otherwise specified hereinLessee will pay to Lessor on the first Business Day of each Quarter the payment set forth on Schedule 1 for such Quarter (or, if applicable, the pro-rated portion thereof) (the “Renewal Term Rent Payments”). The Renewal Term Rent Payments for a Quarter shall be adjusted in an amount equal to any applicable increase or decrease calculated in accordance with the methodology set forth in Exhibit C. The Renewal Term Rent Payments shall be payable through the end of the applicable Renewal Term notwithstanding any termination of this Lease (and the obligation to make all such Renewal Term Rent Payments will be treated as having been incurred at the inception of the Renewal Term), except for a termination pursuant to Section 3.1(f). In the event that this Lease is terminated pursuant to Section 3.1(f) prior to the end of the applicable Renewal Term, no further Renewal Term Rent Payments shall be due, though the Lessee will pay to the Lessor a pro-rated amount of the Renewal Term Rent Payment due and payable within fifteen (15) days with respect to the Quarter in which this Lease is terminated. If this Lease is extended beyond November 9, 2021 pursuant to Section 3.1(b), the Parties shall negotiate in good faith to agree on the Rent Payments for Renewal Terms during such extension. If the Parties cannot agree in good faith on the Rent Payments for such Renewal Terms by the commencement of delivery by Landlord to Tenant such extension, then this Lease shall terminate as of notice to pay the samesuch date.
(c) In Lessee shall make the event that any payment Rent Payments in immediately available funds to an account in the United States of Fixed RentAmerica designated from time to time to Lessee in writing by Lessor. The initial nominated account of Lessor is: Colorado Business Bank ABA #: 000000000 Account Name: AEC-NM, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.LLC Account #: *
(d) Tenant may Any Rent required to be paid under this Section 2.2 that is not so paid (unless subject to a good faith dispute) will bear interest from the date on which Rent was required to be 6 paid to the date such Rent is actually received by Lessor at an effective annual rate equal to the Interest Rate. In the event of a dispute with respect to any Rent pursuant to this Section 2.2, the Parties shall continue to perform their obligations as required hereunder. Upon resolution of such dispute, the Rent, if any, determined to be owing by Lessee to Lessor (by agreement of the Parties or final determination of a court of competent jurisdiction) shall be paid within five Business Days following such resolution, together with interest (using the interest rate described above) from the date Lessee was required to pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bankdisputed amount.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Equipment Lease (Advanced Emissions Solutions, Inc.), Equipment Lease (Advanced Emissions Solutions, Inc.)
Rent. (a) The rent reserved under this Lease for During the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advanceInitial Term, Lessee will pay to Lessor on the first day Business Day of each and every calendar month during Quarter the payment set forth on Schedule 1 for such Quarter (or, if applicable, the pro- rated portion thereof) (the “Initial Term (subject to Paragraphs (e) and (f) of this Paragraph 2Rent Payments”); plus (b) such additional rent (“Additional Rent”) . The Initial Term Rent Payments for a Quarter shall be adjusted in an amount equal to Tenant’s Proportionate Share any applicable increase or decrease calculated in accordance with the methodology set forth in Exhibit C. The Initial Term Rent Payments shall be payable through the end of Expenses the Initial Term notwithstanding any termination of this Lease (and the obligation to make all such Initial Term Rent Payments will be treated as having been incurred at the inception of the Initial Term), except for a termination pursuant to Section 3.1(f). In the event that this Lease is terminated pursuant to Section 3.1(f) prior to the end of the Initial Term, no further Initial Term Rent Payments shall be due, though the Lessee will pay to the Lessor a pro-rated amount of the Initial Term Rent Payment due with respect to the Quarter in which this Lease is terminated. With respect to the first payment to be made hereunder for the first Quarter of the Initial Term, Lessee shall pay to Lessor (i) on the Effective Date, the pro-rated portion of the Initial Term Rent Payment set forth on Schedule 1 for such Quarter for the period of time from and including the Effective Date to the end of such Quarter, and (ii) within fifteen (15) Days after the Effective Date, the pro-rated portion of the all rent payments due under the Exchange Lease for the period of time from the first day of the current Renewal Term (as such terms are term is defined in Paragraph 3 of this the Exchange Lease) as may be payable pursuant under the Exchange Lease to (but not including) the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the TermEffective Date.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the During each Renewal Term, unless otherwise specified hereinLessee will pay to Lessor on the first Business Day of each Quarter the payment set forth on Schedule 1 for such Quarter (or, if applicable, the pro-rated portion thereof) (the “Renewal Term Rent Payments”). The Renewal Term Rent Payments for a Quarter shall be adjusted in an amount equal to any applicable increase or decrease calculated in accordance with the methodology set forth in Exhibit C. The Renewal Term Rent Payments shall be payable through the end of the applicable Renewal Term notwithstanding any termination of this Lease (and the obligation to make all such Renewal Term Rent Payments will be treated as having been incurred at the inception of the Renewal Term), except for a termination pursuant to Section 3.1(f). In the event that this Lease is terminated pursuant to Section 3.1(f) prior to the end of the applicable Renewal Term, no further Renewal Term Rent Payments shall be due, though the Lessee will pay to the Lessor a pro-rated amount of the Renewal Term Rent Payment due and payable within fifteen (15) days with respect to the Quarter in which this Lease is terminated. If this Lease is extended beyond December 10, 2021 pursuant to Section 3.1(b), the Parties shall negotiate in good faith to agree on the Rent Payments for Renewal Terms during such extension. If the Parties cannot agree in good faith on the Rent Payments for such Renewal Terms by the commencement of delivery by Landlord to Tenant such extension, then this Lease shall terminate as of notice to pay the samesuch date.
(c) In Lessee shall make the event that any payment Rent Payments in immediately available funds to an account in the United States of Fixed RentAmerica designated from time to time to Lessee in writing by Lessor. The initial nominated account of Lessor is: Colorado Business Bank ABA #: 000000000 Account Name: AEC-TH, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.LLC Account #: *
(d) Tenant may Any Rent required to be paid under this Section 2.2 that is not so paid (unless subject to a good faith dispute) will bear interest from the date on which Rent was required to be paid to the date such Rent is actually received by Lessor at an effective annual rate equal to the Interest Rate. In the event of a dispute with respect to any Rent pursuant to this Section 2.2, the Parties shall continue to perform their obligations as required hereunder. Upon resolution of such dispute, the Rent, if any, determined to be owing by Lessee to Lessor (by agreement of the Parties or final determination of a court of competent jurisdiction) shall be paid within five Business Days following such resolution, together with interest (using the interest rate described above) from the date Lessee was required to pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bankdisputed amount.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Equipment Lease (Advanced Emissions Solutions, Inc.), Equipment Lease (Advanced Emissions Solutions, Inc.)
Rent. The Site Lessee shall pay to the Site Lessor on June 1 and December 1 of each year during the Initial Term, twenty-nine thousand ninety-seven DOLLARS (a$29,097) The as rent reserved under this Lease (the “Site Rent”) for the Term hereof semi-annual period ending on such date (a total of $58,194 annually), provided that the first payment of the Site Rent shall be payable on December 1, 2007 and consist shall be prorated from the Closing Date to December 1, 2007. For the period from and after the expiration of the Initial Term to the end of the Term, the Site Lessee agrees to pay to the Site Lessor annual rent equal to the annual Fair Market Rental Value of the Ground Interest, which value shall be determined as if the Facility Site were unimproved and unencumbered by any mortgage, deed of trust or other lien or encumbrance (aother than this Site Lease, Permitted Encumbrances and Permitted Liens) for such period. Such Fair Market Rental Value shall be determined on the Fixed Rent payable in equal monthly installments in advance, expiration of the Initial Term and again on the first day of each any Renewal Site Lease Term for the year or years thereafter through the remaining Term by agreement of the parties or, if they shall fail to agree, by the Appraisal Procedure, the costs of which shall be shared equally by the Site Lessor and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional Site Lessee. Such annual rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter in arrears on each June 1 and December 1 from and after the last day of the Initial Term during the Term, provided that the first payment of Site Rent under such circumstances shall be prorated from the last day of the Initial Term to the next occurring payment date set forth above and, provided, all to further, that any Site Rent for any partial semi-annual period during which the last day of the Term occurs shall be paid to Landlord at its office stated above, or such other place as Landlord may designateprorated. Such proration shall, in lawful money of the United States of America; providedeach case, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during actual number of days in the first year of the Termapplicable semi-annual period.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 2 contracts
Samples: Site Lease, Site Lease (Firstenergy Corp)
Rent. (a) The rent reserved under this Lease for Lessee shall pay Base Rent in the Term hereof shall be amounts and consist of (a) at the Fixed Rent payable times set forth in equal monthly installments in advance, on the first day of each Exhibit B. The Lessee agrees and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as acknowledges that Exhibit B may be payable pursuant amended at any time: (i) to reamortize the Principal Component in the event moneys are transferred from the Acquisition Fund upon completion of the Project and applied to the terms prepayment of lease Principal; or (ii) upon any other partial prepayment of the Purchase Price. If the Lessor determines that an amendment to Exhibit B is appropriate, CoLT will mail to the Lessee a revised Exhibit B (identified by date or other means), by first class mail, postage prepaid. Said amendment will become effective and will for all purposes become a part of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional will reflect Base Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place by the Lessee for subsequent periods (unless Exhibit B is further amended as Landlord may designate, provided in lawful money this Section) upon the earlier of the United States of America; provided, however, that if acknowledgment thereof by the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing Lessee or automatically on the Rent Commencement Date shall be appropriately pro-rated on next payment date set forth in the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to revised Exhibit B. The Lessee will pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days after a written request therefor is mailed to the Lessee by or on behalf of delivery by Landlord to Tenant of notice to pay the same.
(c) In Lessor. Any Lease Payment that is not paid when due shall bear interest thereon at the event that Late Payment Rate. To the extent the Lessor advances any funds for the payment of Fixed Rentany amounts due hereunder or to cure any Event of Default hereunder, the Lessee shall immediately reimburse the Lessor therefore with interest accrued on such amount at the Late Payment Rate. Amounts due pursuant to this paragraph will be deemed to be Additional Rent or any other charges shall due and payable when incurred and without further written demand therefor. Each Lease Payment will be paid after the applied to amounts then due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of payable: (i) first to the date that the Demised Premises are substantially completed and a certificate (temporary or final) Interest Component of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised PremisesBase Rent, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything second to the contrary contained Principal Component of Base Rent, (iii) third to Additional Rent, and (iv) fourth to the components of Base Rent that are not Interest Component or Principal Component. This Lease will be deemed and construed to be a "net lease," and the Lessee will pay absolutely net during the Lease Term, the Lease Payments and all other payments required hereunder, free of any deductions, and without abatement, deduction or set-off (other than credits against Lease Payments expressly provided for in this Xxxxxxxxx 0Lease). Notwithstanding any dispute between Lessee and Lessor or a dispute between Lessee and any Project related vendors, Xxxxxx Lessee shall make all Lease Payments when due and shall not withhold any Lease Payments pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligations to make such payments required under this Lease. Lease Payments shall be obligated payable to pay the Disbursing Agent at the place set forth in Exhibit B or at such other place as the Disbursing Agent may from time to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Datetime designate in writing.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Rent. (a) The 3.1 Sublessee shall pay to Sublessor as net monthly rent reserved under this Lease for the Term hereof shall be and consist of (a) Premises the Fixed Rent payable in equal monthly installments amounts set forth below, in advance, on the first day of each month of the term hereof: Months of Term Monthly Rent Until February 28,1997 $0/month March 1,1997 - Dec. 31,1998 $93,725.00/month Jan 1,1999 - Dec. 31, 2000 $101,875.00/month Sublessee shall pay Sublessor upon the execution hereof the sum of Ninety-three Thousand Seven Hundred and every calendar Twenty Five Dollars ($93,725.00) as rent in advance for the first month due. Rent for any period during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may term hereof which is for less than one month shall be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional prorated. Rent shall be payable as hereinafter providedin advance on the 1st day of each month during the term, all to be paid to Landlord at its office stated abovewithout notice or demand without any deduction, offset, or such other place as Landlord may designate, abatement (except to the extent expressly permitted by this Sublease) in lawful money of the United States of America; provided, however, that if America to Sublessor at the Rent Commencement Date shall occur on a date address stated herein or to such other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Termpersons or at such other places as Sublessor may designate in writing.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) 3.2 Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0Sublease, Xxxxxx Sublessee shall not be obligated required to pay any Impositions, maintenance charges or any other charges, costs or expenses that may be required to Landlord be paid by Sublessee under the monthly Fixed Rent from terms of this Sublease (except utilities for the Commencement Date Premises) until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary rent commencement or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised PremisesMarch 1,1997, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated whichever occurs first. Sublessee recognizes its obligations to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months Sublessee's liability insurance premiums as required after the Rent Commencement Date.
3.3 Sublessee hereby acknowledges that late payment by Sublessee to Sublessor of rent and other sums due hereunder will cause Sublessor to incur costs not contemplated by this Sublease, the exact amount of which will be difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Sublessor by the terms of the Lease. Accordingly, if any installment of rent or other sums due from Sublessee is not received by Sublessor within five (5) business days after its due date, Sublessee shall pay to Sublessor a late charge equal to five percent (5%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Sublessor will incur by reason of late payment by Sublessee based upon the circumstances existing as of the date of this Sublease. Acceptance of such late charge by Sublessor shall in no event constitute a waiver of Sublessee's default with respect to such overdue amount, nor prevent Sublessor from exercising any of its other rights or remedies granted to it by law or this Sublease. Initials: /s/ RDN (Sublessor) /s/ MKA (Sublessee) ------- -------
Appears in 1 contract
Rent. (a) The rent reserved under this Lease Section 1. For the period commencing October 1, 1997 and ending --------- September 30, 1998, Lessee shall pay to the Lessor as Annual Rent for the Term hereof Leased Premises the sum SIXTY-TWO THOUSAND FOUR HUNDRED AND 00/100 DOLLARS ($62,400.00) which shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments in advanceof FIVE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($5,200.00), due and payable on the first day of each month, in advance, without demand. Provided however, the first month's rent shall accompany the return of the signed Lease. Checks should be made payable to Lower Bellbrook Company and every calendar month during the Term (subject sent to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional Lower Bellbrook Company, c/o Xxxxxx-Xxxxxxxxx Group, Xxxx Xxxxxx Xxx 000, Xxxxxx, Xxxx 00000-0000. Said rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may shall be payable pursuant paid to the terms Lessor, or to the duly authorized agent of the Lessor, at its office during business hours. If the commencement date of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date is other than the first calendar day of a the month, any rental adjustment or additional rents hereinafter provided for shall be prorated accordingly. The Lessee will pay the rent as herein provided, without deduction whatsoever, and without any obligation of the Lessor to make demand for it. Any installment of rent accruing hereunder and any other sum payable hereunder, if not paid when due, shall bear interest at the rate of eighteen percent (18%) per annum until paid.
Section 2. The Lessee shall reimburse the Lessor for the partial month commencing costs --------- of water, gas, and electricity (including electricity costs for exterior lighting) and all other utilities and heating and air conditioning maintenance in the event that such services are furnished by Lessor and not separately metered to the Lessee if such costs exceed fifteen dollars ($15.00). Said reimbursement shall be additional rent due on the Rent Commencement Date first day of the calendar month next following rendition of a xxxx therefor. If any services are separately metered, the cost shall be appropriately pro-rated paid directly by the Lessee to the utility service. The heating and other utilities not separately metered will be prorated on the basis of the monthly rent payable square footage, except water, serviced by a given meter and paid to Lessor as billed. The total costs of water shall be paid by the Lessees currently in occupancy and the costs thereof shall be prorated on the basis of square footage occupied by each Lessee. A 10% handling fee for these billable services will be charged by the Lessor.
Section 3. The Lessee agrees to pay any increased real estate --------- taxes over and above the real estate taxes paid by the Lessor during the first calendar year (1997) of the Term.
(b) Tenant does hereby covenant term of this Lease. The Lessee's proportionate share of any such increase shall be a fraction thereof, the numerator of which is the number of square feet of floor area in the Leased Premises and agree promptly the denominator of which is the total square feet of the floor area in the building both as specified aforesaid in the Lease. Said amount shall be deemed to pay the Fixed Rent, Additional Rent be additional rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days on the first of the month following delivery by Landlord to Tenant Lessee of notice to pay the same.
(c) In the event that any a receipt for Lessor's payment of Fixed Rentsaid real estate taxes. The Lessee shall pay its prorated share of expenses that the Lessor shall incur by reason of compliance with new laws, Additional Rent orders, special rent/use taxes, charges for governmental services, ordinances and new regulations of Federal, State, County and Municipal authorities, and with any lawful direction of any public officer or any other charges officers, which lawful direction shall be paid after imposed upon the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount Lessor for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy common good of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet occupants of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Datebuilding.
Appears in 1 contract
Samples: Lease Agreement (Pc Connection Inc)
Rent. (a) The rent reserved under this Lease for the Term hereof 3.1 Tenant shall be and consist of (a) the Fixed Rent payable pay to Landlord without notice or demand, in equal monthly installments in advance, advance on the first day of each and every calendar month during the Term term hereof, without any setoff, counterclaim or deduction for any reason whatsoever, rent in the amount of Nine Thousand Five Hundred and Ten Dollars (subject to Paragraphs (e) $9,510.00).
3.2 As of August 1, 1989 and (f) each annual anniversary of said date during the term of this Paragraph 2); plus (b) such additional Agreement and any extension period, the rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent Article 3.1 shall be payable revised and increased in the same proportion as hereinafter providedthe increase, all to be paid to Landlord at its office stated above, or such other place as Landlord may designateif any, in lawful money of the Consumer Price Index, All Urban Consumers, New York, New York - Northeastern New Jersey, All Items, issued by the United States Department of America; providedLabor, howeverBureau of Labor Statistics (hereinafter called the "CPI") for June immediately preceding such date over the CPI for June, that if 1988, by multiplying the Rent Commencement Date rent as set forth in Article 3.1 by a fraction, the denominator of which shall occur on a date other be the CPI for June 1988 and the numerator of which shall be the CPI for June immediately preceding such date. In no event shall the rent for any period as so adjusted be less than the first calendar day of a month, the rent for the partial month commencing on immediately preceding period. If the Rent Commencement Date CPI is revised or discontinued, Landlord shall substitute such other appropriate government shall be appropriately pro-rated on no further extension options, provided that Tenant index to obtain insofar as is practicable the basis of same result as would have been obtained if the monthly rent payable during the first year of the TermCPI had not been revised or discontinued.
3.3 Upon the execution hereof, Tenant shall deliver to Landlord the rent for August 1988, together with Nineteen Thousand and Twenty Dollars (b$19,020.00) Tenant does hereby covenant as security for Tenant's full and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoeverfaithful performance of its obligations under this Lease. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that Tenant fails to fulfill any payment such obligations, Landlord shall have the right to apply any or part of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided hereinsaid security deposit against such obligation. Promptly under Landlord's demand, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant make any further deposits which may pay the Fixed Rent, Additional Rent and be necessary in order to replenish any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy part of the Demised Premisesaforesaid security deposit so applied by Landlord. Upon the expiration of this Agreement, or (ii) March 1Landlord shall refund to Tenant the security deposit, 2001 (the “Rent Commencement Date”)without interest, less any deductions heretofore made hereunder.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. (a) The rent reserved under a. Except as otherwise expressly provided in this Lease for Sublease, commencing on and as of the Term hereof shall be Commencement Date, and consist of (a) continuing throughout the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) term of this Paragraph 2); plus (b) such additional Sublease, Subtenant shall pay to Tenant, as rent, base rent (the “Additional Base Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (accordance with the schedule set forth below as such terms are defined in Paragraph 3 part of this Lease) as may be payable pursuant to subsection. Unless Tenant instructs Subtenant otherwise in writing, Subtenant shall make such payments in advance on the terms day of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, each month on which Additional Rent shall be payable as hereinafter provided, all rent is required to be paid to Landlord at its office stated aboveby Tenant under the Main Lease. Subtenant shall make such payments without notice, demand, abatement, deduction, counterclaim, or such other place as Landlord may designate, in lawful money of setoff. Commencement Date the United States of America; provided, however, that if day before the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the $ 0.00 $ 0.00 $ 0.00 Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.- March 31,2009 $ 29.00 * $ 438,364.00 * $ 36,530.33 * April 1 ,2009 - March 31, 2011 $ 31.50 $ 476,154.00 $ 39,679.50 April 1 ,2011 - February 27, 2013 $ 32.50 $ 491,270.00 $ 40,939.17
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved b. Except as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same expressly provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0Sublease, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier commencing on and as of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date, and continuing throughout the term of this Sublease, Subtenant shall pay to Tenant, as additional rent, Subtenant’s Share and Subtenant’s Electric Share (both defined below) of all operating expenses, real estate taxes, rent taxes, utility charges, lease auditing expenses and fees payable in connection with Tenant’s auditing of any of the foregoing sums, and other regular additional sums payable by Tenant to Landlord under the Main Lease (the “Escalations”), with Subtenant’s Share and Subtenant’s Electric Share of such Escalations being collectively referred to herein as the “Subescalations”. For the purposes of this Sublease, the term “Subtenant’s Share” for all Subescalations (except electric service to the Premises) shall be defined as a ratio, the numerator being the rentable square footage of the Premises and the denominator being the rentable square footage of Tenant’s Premises. As of the date hereof, Subtenant’s Share is four and 27/100 percent (4.27%). For the purposes of this Sublease, the term “Subtenant’s Electric Share” shall be defined as a ratio, the numerator being the rentable square footage of the Premises and the denominator being the rentable square footage of the twelfth (12th) floor of the Tenant’s Premises. As of the date hereof, Subtenant’s Electric Share is sixty eight and 44/100 percent (68.44%). The parties hereto acknowledge that the Subtenant’s Share and Subtenant’s Electric Share may change from time to time during the term of this Sublease based upon any change in the rentable square footage of the Premises and/or Tenant’s Premises. Prior to the Commencement Date and from time to time during the Sublease term thereafter, Tenant shall provide Subtenant with an estimate of the monthly Subescalations due from Subtenant. Subtenant shall pay to Tenant Subescalations with Subtenant’s payments of Base Rent (except during the Free Rent Period (hereinafter defined), during which time such Subescalations shall be credited against the Maximum Free Rent Amount (hereinafter defined)). Subtenant shall make all such payments without abatement, deduction, counterclaim, or setoff. As soon as is practicable after the end of each calendar year Tenant shall submit to Subtenant a statement of the actual Subescalations for such calendar year, as well as a statement to show any * subject to Free Rent as set forth in Section 5.i. below. increase in Subescalations for such calendar year as compared with Tenant’s estimate of such Subescalations. If Tenant’s statement discloses that Subtenant owes an amount that is less than the estimated payments for such calendar year previously paid by Subtenant, Tenant will credit such excess against the next installment of Rent due (or, if after the expiration or earlier termination of this Sublease, and provided there then exists no uncured event of default, Tenant shall reimburse Subtenant for such amount). If Tenant’s statement discloses that Subtenant owes more than the estimated payments for such calendar year previously made by Subtenant, Subtenant will pay the deficiency to Tenant within ten (10) days after delivery of the statement. The provisions of this Section 5.b. shall survive the termination of this Sublease. To the extent any Subescalations are not included in such estimate provided by Tenant, Subtenant shall make such payments within ten (10) days of receipt of an invoice therefor from Tenant, and without abatement, deduction, counterclaim, or setoff. In the event Landlord or Tenant desires to install a check meter for Subtenant’s electrical usage, Tenant agrees that any costs incurred with respect to such installation shall not be passed to Subtenant. To the extent Subtenant requires services in excess of the services provided by Landlord and charged to Tenant as operating expenses under Section 2.04 of the Main Lease, including without limitation extra electrical feeders or risers to meet Subtenant’s electricity requirements, excess water usage (including without limitation condenser water if provided by Landlord), and after-hours HVAC service, Subtenant shall contract directly with Landlord for such services. Notwithstanding the forgoing, commencing on and as of the Commencement Date, and continuing throughout the term of this Sublease, to the extent Tenant becomes liable to Landlord for such additional services provided by Landlord or any third parties, Subtenant shall pay to Tenant, as additional rent and upon demand, one hundred percent (100%) of all such expenses incurred by Tenant for such services and/or any service provided by Tenant to Subtenant.
Appears in 1 contract
Rent. (a) The During the term of this lease, Tenant shall pay minimum rent reserved under this Lease for ("Rent") as follows: From the Term hereof Commencement Date to and including the Expiration Date, the Rent shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus $64,786.67.
(b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to Additionally, should the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on be a date other than the first calendar day of a calendar month, the rent for the partial month commencing on Tenant shall pay a pro rata portion of the Rent Commencement Date shall be appropriately pro-rated on a per diem basis, based upon the basis of the monthly rent payable during the first year second full calendar month of the Term. The rent payable for such partial month shall be in addition to the Rent payable pursuant to the Rent schedule set forth above.
(bc) The minimum rent hereinabove provided for shall be in addition to all other payments to be made by Tenant does hereby covenant as herein provided except as set forth to the contrary in this lease. It is the purpose and agree promptly intent of the parties hereto that the minimum rent shall be absolutely net to pay Landlord, except as set forth to the Fixed Rentcontrary in this lease so that this lease shall yield, Additional Rent net to the Landlord, the minimum rent, and any other charges herein reserved as that all costs, expenses and when obligations of every kind and nature whatsoever relating to the same shall Demised Premises which may arise or become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, term of this lease shall be due paid by Tenant and payable within fifteen (15) days of delivery that Landlord shall be indemnified and saved harmless by Landlord to Tenant of notice to pay from and against the same.
(cd) In Any sums of money required to be paid by Tenant to Landlord in addition to the event that any payment of Fixed Rentrent reserved under this Paragraph 43, Additional Rent or any other charges shall be deemed additional rent, shall be paid after without deduction or offset, and in the due date for event Tenant fails to pay such additional rent, Landlord shall be entitled to the same provided hereinremedies under this lease or by law, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount as are available to Landlord for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rentnonpayment of rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bankincluding, without limitation, summary dispossess proceedings.
(e) Notwithstanding anything Tenant is hereby authorized and directed to the contrary contained in this Xxxxxxxxx 0make all payments of Rent and additional rent and other amounts payable by Tenant as follows:(i) if payment is made by wire transfer, Xxxxxx shall not be obligated wired to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised PremisesM&T Bank, Buffalo, New York, ABA# 000000000, Account#11000911296 Account Name: REP 80 Arkay Drive LLC, or (ii) March 1if payment is made by check, 2001 (the “Rent Commencement Date”)mailed by regular US mail, to c/o Rechler Equity Partners, 00 Xxxxx Xxxxxxx Xxxx, Xxxxxxxxx, Xxx Xxxx 00000.
(f) Notwithstanding anything The parties are entering into this lease as part of a sale-leaseback transaction, whereby Tenant is assigning its leasehold interest in the Real Property to Landlord and is leasing back the Demised Premises from Landlord. Tenant is providing Landlord with purchase money financing in connection with such transaction, which financing will be secured by a mortgage against the Real Property (the "Purchase Money Mortgage"). In the event Landlord defaults, beyond any applicable notice and grace periods provided therein for the cure thereof, in the payment of any principal and/or interest payable pursuant to the contrary contained in this Xxxxxxxxx 0Purchase Money Mortgage, Xxxxxx then Tenant shall not be obligated permitted to pay to Landlord offset such unpaid amounts against the portion next due installment(s) of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Datepayable hereunder.
Appears in 1 contract
Rent. (a) The 1.01. Tenant shall pay basic annual rent reserved under this Lease for the Term demised premises in accordance with and pursuant to Schedule I, attached hereto and made a part hereof shall be from and consist after the Possession Date (as hereinafter defined) with respect to each Portion of (a) the Fixed Rent payable demised premises further provided that Tenant agrees to pay said basic annual rent in lawful money of the United States, in equal monthly installments in advance, advance on the first day of each and every calendar month during said term, at the Term (subject to Paragraphs (e) and (f) office of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place in the United States of America as Landlord may designate, without any setoff or deduction whatsoever, except as otherwise expressly set forth in lawful money this Lease.
1.02. Notwithstanding the provisions of Section 1.01 above, provided that Tenant is not in monetary default or material non-monetary default under this Lease beyond applicable notice and cure periods, Tenant shall be entitled to an abatement of (i) basic annual rent, Tax Payments, Operating Expense Payments and Cafeteria Rent for the period from and after the applicable Possession Date to and including January 31, 2013 (the “Initial Rent Abatement Period”), subject to modification of the United States last day of Americathe Initial Rent Abatement Period as provided in Section 31.01(e) below, (ii) basic annual rent in the amount of $77,229.81 per each month during the twelve (12) month period immediately following the expiration of the Initial Rent Abatement Period (the “Partial Rent Abatement Period”), and (iii) if applicable, basic rent as provided in Section 32.04(b) hereof; provided that if any such default exists during the Initial Rent Abatement Period or the Partial Rent Abatement Period and is thereafter cured, then, except as set forth in Section 31.01(a) so long as no other such default then exists and the Lease remains in effect, Tenant shall be immediately entitled to the applicable unapplied portion of the abatement after such default has been cured; provided, howeverfurther, if Tenant shall be entitled pursuant to the express provisions of this Lease to an additional abatement of rent during any of the periods provided in clauses (i) through (iii) above, such additional rent abatement shall be in addition to, and shall not be concurrent with, the number of days that if the Rent Commencement Date applicable rent abatement provided in this Section 1.02 shall occur have been in effect.
1.03. In the event an installment of basic annual rent is first due on a date day other than the first calendar day of a month, the basic annual rent and additional rent, if any, for the that partial month commencing on the Rent Commencement Date shall be appropriately pro-rated prorated on the basis of a three hundred sixty five (365) day year using the monthly actual number of days in each month. If the term of this Lease ends on a day other than the last day of a month, basic annual rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when additional rent shall be adjusted in the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the samemanner as provided hereinabove.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. (a) The Tenant covenants to pay Landlord, as monthly rent reserved under this Lease for the Term hereof shall be and consist of Leased Premises during the Term, $100.00 (aherein called the “Base Rent”) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofTerm, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord pay the same at its office stated above, Landlord’s address set forth above or at such other place or to such other person as Landlord from time to time may designatedesignate in writing, in lawful money such coin or currency of the United States as shall at the time of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent payment be legal tender for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis payment of the monthly rent payable during the first year of the Termpublic and private debts.
(b) Tenant does hereby covenant and agree promptly covenants to pay and discharge on or before the Fixed thirtieth (30th) day after Tenant has received a xxxx therefor, as additional rent, all other amounts, liabilities and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease (the “Additional Rent”, and together with the Base Rent, the “Rent”) (except that amounts payable as liquidated damages pursuant to Section 16 shall not constitute Additional Rent) together with every fine, penalty, interest and cost which may be added for non payment or late payment of such Additional Rent and, in the event of any failure on the part of Tenant to pay or discharge any of the foregoing within any applicable grace period provided herein, Landlord shall have all rights, powers and remedies provided herein or by law or otherwise in the case of non payment of the Rent. During the occurrence and continuance of an event of default, Landlord shall have the right but not the obligation to perform any other charges herein reserved agreement or covenant of Tenant hereunder if Tenant shall have failed to perform such agreement or covenant and, upon demand by Landlord, Tenant shall pay to Landlord as Additional Rent any and when all costs and expenses (including, but not limited to, all reasonable attorneys’ fees and expenses) that are incurred by Landlord in connection with performing any such agreement or covenant. Tenant will also pay on demand to Landlord, as Additional Rent, interest at the same shall become rate often (10) percent per annum on all overdue installments of Base Rent from the due and payable, without demand therefordate thereof until paid in full, and without any set-off or deduction whatsoever. All on all overdue amounts of Additional Rent and other charges payable hereunder, which are not from the due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery date thereof until paid in full by Landlord to Tenant of notice to pay the sameTenant.
(c) In Landlord shall utilize the event check meter and the equipment ancillary thereto currently located on the Property (herein called the “Check Meter”) to measure and record and provide printouts of the measurement of the demand and consumption at the Property of electric current during each month (or other billing period reasonably determined by Landlord) occurring during the Term of this Lease. Landlord shall operate such meter to ascertain Tenant’s consumption of kilowatt hours (herein called “KWH”), by time of day, if applicable, and demand in kilowatts (herein called “KW”) for each month (or other billing period reasonably determined by Landlord). Landlord, at Landlord’s expense, shall maintain and keep the Check Meter in good repair (including replacement, if necessary), working order and condition during the Term of this Lease. During any period that any payment of Fixed Rentthe Check Meter is non-operational, the Electricity Additional Rent or any other charges (as hereinafter defined) shall be paid after an amount reasonably estimated by Landlord based upon Tenant’s actual average daily consumption or average monthly demand, whichever is more appropriate for calculating the due date for same provided hereinestimated amount, Tenant shall pay, together with such payment, during the Late Charge and interest at twelve (12% per annum for such unpaid amount for ) month period immediately preceding the period thereafter that such payment shall remain unpaidestimate period.
(d) Tenant may shall pay Landlord, as additional rent, within forty five (45) days after receipt of an invoice from Landlord for the Fixed furnishing of electricity to the Property as set forth herein, an amount (herein called “Electricity Additional Rent”) determined for each billing period by applying the KWH and KW shown on the Check Meter (or determined by the electrical consultant, Additional Rent and if applicable) to the rates pursuant to which Landlord purchases electric current during the particular billing period, including therein any taxes, fuel adjustment charges, surcharges, demand charges, energy charges, time-of-day charges, rate adjustment charges or other charges herein reserved by wire transfer impositions of immediately available federal funds as directed any nature payable by Landlord (taking into account any discounts or rebates received by check Landlord) (subject herein called “Landlord’s Rate”). If consumption or demand is billed at different rates depending on different subdivisions or categories of the rate schedule, then Tenant’s KWH consumption and KW demand shall be billed at Landlord’s Rate per KW or KWH (as the case may be) for such subdivision or category (e.g., KWH consumption is currently billed at different rates depending on the time of day of consumption and accordingly Tenant’s KWH shall be applied separately to collection) drawn on a New York Clearinghouse Association member bankthe rates applicable to the period in which each KWH of Tenant’s consumption was consumed).
(e) Notwithstanding anything Following the expiration of each calendar month, Landlord shall submit to Tenant a statement setting forth in reasonable detail the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Electricity Additional Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy for such month together with copies of the Demised Premises, or (ii) March 1, 2001 (Check Meter printouts showing the “Rent Commencement Date”).
(f) Notwithstanding anything to KW and KWH recorded during the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet applicable month and copies of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, public utility rate schedule pursuant to which Landlord is then purchasing electricity for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement DateMill along with any other documentation reasonably requested by Tenant in connection therewith.
Appears in 1 contract
Samples: Lease Agreement (Kraton Performance Polymers, Inc.)
Rent. (a) The rent reserved under this Tenant shall pay as "BASE RENT" for each Lease for Year during the Initial Term hereof shall be the sum of Six Hundred Thousand and consist of No/100 Dollars (a) the Fixed Rent $600,000), payable in advance, in equal monthly installments of Fifty Thousand and No/100 Dollars ($50,000). If Tenant exercises its option(s) to extend the Term, Tenant shall pay as Base Rent during the Renewal Term(s) a rental based upon the "market rate" for the Premises. The first and last monthly installments are due and payable on the execution of this Lease and the remaining installments are due and payable in advance, advance on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofTerm, and any other charges as shall become due and payable hereunderwithout offset or deduction, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, the address set forth in PARAGRAPH 26 or at such other place as Landlord may designatehereafter designate in writing. Rent checks are to be made payable to Landlord, or such other person, firm or corporation as Landlord may designate in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Termwriting.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not sums due and payable on a monthly basis during by Tenant under this Lease other than Base Rent are "ADDITIONAL RENT", whether or not so called in the Term, unless otherwise text of this Lease. Any Additional Rent for which no time for payment is specified herein, in this Lease shall be due and payable within fifteen ten (1510) days of delivery by Landlord to Tenant of notice to pay the sameafter demand is made therefor.
(c) In the event that any payment of Fixed All Rent, Additional whether Base Rent or any Additional Rent, is due and payable in full without demand, deduction or set-off and Tenant's obligation to pay the same shall survive the expiration or other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaidtermination of this Lease. Tenant's covenant to pay Rent is an independent covenant.
(d) Tenant Rent shall be equitably pro rated for any partial Lease Year or calendar year, as the case may pay be, during the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bankTerm.
(e) For each Renewal Term, Tenant shall notify Landlord that Tenant desires to exercise its option to extend the Term of this Lease for the next ensuing five (5) year period, and to obtain an appraisal of the Premises to determine the market rent for the Premises by delivering written notice to Landlord not less than one hundred twenty (120) days prior to the beginning of each Renewal Term. Tenant shall include in such notice the name of an MAI appraiser selected by Tenant which has an office in Licking County, Ohio. Landlord shall within thirty (30) days following receipt of such notice from Tenant give written notice to Tenant setting forth the name of a second MAI appraiser with an office in Licking County, Ohio. If Landlord fails to notify Tenant of the name of an appraiser within the thirty (30) day period, then the appraiser selected by Tenant shall determine the market rent and the decision of said appraiser shall be binding upon the parties hereto. If Landlord has selected an appraiser in accordance with the provisions of this Paragraph, then the appraiser selected by Landlord and the appraiser selected by Tenant shall meet and select a third MAI appraiser with an office in Licking County, Ohio. The appraiser selected by Landlord and the appraiser selected by Tenant shall each appraise the Premises for purposes of obtaining said market rent. The third appraiser shall determine and notify Landlord and Tenant which of the two appraisals made by Landlord's and Tenant's appraisers more closely reflects the market rent of the Premises, and the decision of the third appraiser shall be binding upon the parties hereto. Notwithstanding anything in this paragraph to the contrary contained contrary, in this Xxxxxxxxx 0, Xxxxxx no event shall not the Base Rent for any Renewal Term be obligated to pay to Landlord less than the monthly Fixed Base Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd)previous Renewal Term or the Initial Term, fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Dateas applicable.
Appears in 1 contract
Samples: Lease Agreement (MPW Industrial Services Group Inc)
Rent. a. Tenant shall pay to Landlord (a) The or to Lender, if directed by Landlord), as minimum annual rent reserved under this Lease for the Term hereof shall be Leased Premises during the Term, the amounts set forth in Exhibit B attached hereto ("BASIC RENT"), commencing on the Commencement Date for the succeeding, prorated month, and consist of (a) the Fixed Rent payable in equal monthly installments in advance, continuing regularly on the first (1st) calendar day of each and every calendar month thereafter during the Term Term, in advance (subject to Paragraphs (e) and (f) of this Paragraph 2the said days being called the "BASIC RENT PAYMENT Dates"); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord pay the same at its office stated aboveLandlord's address set forth below, or at such other place as Landlord from time to time may designatedesignate to Tenant in writing, in lawful money funds which at the time of such payment shall be legal tender for the payment of public or private debts in the United States of America; provided, however, that America and if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery required by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved Lender by wire transfer of in immediately available federal funds to such account in such bank as directed Lender shall designate, from time to time.
b. Tenant shall pay and discharge before the imposition of any fine, lien, interest or penalty may be added thereto for late payment thereof, as Additional Rent, all other amounts and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every fine, penalty, interest and cost which may be added by the party to whom such payment is due for nonpayment or late payment thereof. In the event of any failure by Tenant to pay or discharge any of the foregoing, Landlord shall have all rights, powers and remedies provided herein, by law or otherwise, in the event of nonpayment of Basic Rent.
c. If any installment of Basic Rent is not paid within ten (10) days after written notice is given by Landlord or by check Lender (subject or Lender's servicer or other designee of Lender) to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to Tenant that the contrary contained in this Xxxxxxxxx 0same is overdue, Xxxxxx Tenant shall not be obligated to pay to Landlord or Lender, as the monthly Fixed Rent from the Commencement Date until the earlier of case may be, on demand, as Additional Rent, a late charge equal to five percent (i5%) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)"LATE CHARGE") on such overdue installment of Basic Rent, but in no event more than the maximum amount allowed by law.
d. Landlord and Tenant agree that this Lease is a true lease and does not represent a financing arrangement. Each party shall reflect the transactions represented by this Lease in all applicable books, records, and reports (fincluding, without limitation, income tax filings) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Datea manner consistent with "true lease" treatment rather than "financing" treatment.
Appears in 1 contract
Samples: Lease Agreement (Dave & Busters Inc)
Rent. (a) The rent reserved under this Lease 7.1. Tenant shall pay to Landlord as Base Rent for the Term hereof Premises, commencing on February 1, 2019 (as the same may be extended as provided in Section 4.1, the “Rent Commencement Date”), the sums set forth in Section 2.3. Base Rent shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments as set forth in advanceSection 2.3, each in advance on the first day of each and every calendar month during the Term (subject Term.
7.2. In addition to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such Base Rent, Tenant shall pay to Landlord as additional rent (“Additional Rent”) at times hereinafter specified in an amount equal to this Lease (a) Tenant’s Proportionate Adjusted Share of Building of Operating Expenses (as such terms are defined below), (b) Tenant’s Pro Rata Share of Lab Building of Operating Expenses, (c) the Property Management Fee (as defined below), (d) sums due for consulting services provided to Tenant by Landlord at Tenant’s request if those services exceed the customary tenant-servicing efforts of Landlord in Paragraph 3 of this Lease) as may be payable pursuant Landlord’s reasonable discretion (Landlord shall have sole discretion with respect to the terms provision of such services, if any, and how those services will be billed to Tenant, including the use of a taxable subsidiary to provide such services and xxxx for the same); and (e) any other amounts that Tenant assumes or agrees to pay under the provisions of this Lease that are owed to Landlord, including any and all other sums that may become due by reason of any default of Tenant or failure on Tenant’s part to comply with the agreements, terms, covenants and conditions of this Lease to be performed by Tenant, after notice and the lapse of any applicable cure periods. Tenant shall pay Additional Rent with respect to the entire Term after the Rent Commencement Date, including any extensions thereof or any holdover periods, regardless of whether Tenant is obligated to pay Base Rent with respect to any such period or portion thereof; provided, however, that notwithstanding anything set forth herein to the contrary, Tenant shall pay any utility charges for services and the Premises that may be included in Additional Rent for the entire Term (any utilities pursuant to Paragraph 15 paid directly by Tenant, including without limitation as described in Section 16.2 hereof, may not be included as Additional Rent).
7.3. Base Rent and any other charges as shall become due and payable hereunder, which Additional Rent shall together be payable as hereinafter provided, all to denominated “Rent.” Rent shall be paid to Landlord at its office stated aboveLandlord, without abatement, deduction or such other place offset, except as Landlord may designateotherwise expressly set forth in this Lease, in lawful money of the United States of AmericaAmerica at the office of Landlord as set forth in Section 2.9 or to such other person or at such other place as Landlord may from time designate in writing. In the event the Term commences or ends on a day other than the first day of a calendar month, then the Rent for such fraction of a month shall be prorated for such period on the basis of the number of days in the month and shall be paid at the then-current rate for such fractional month.
7.4. Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by (a) any Applicable Laws now or hereafter applicable to the Premises, (b) any other restriction on Tenant’s use, (c) except as expressly provided herein, any casualty or taking or (d) any other occurrence; and Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover Rent. Tenant’s obligation to pay Rent with respect to any period or obligations arising, existing or pertaining to the period prior to the date of the expiration or earlier termination of the Term or this Lease shall survive any such expiration or earlier termination; provided, however, that if the Rent Commencement Date nothing in this sentence shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly in any way affect Tenant’s obligations with respect to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the sameperiod.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. (a) The rent reserved under this Lease 3.1 Tenant covenants and agrees to pay the Landlord by way of rental for the Term hereof shall be Demised Premises, in lawful money of the United States, without any prior demand and consist without any setoff or deduction whatsoever, the sum of Three Hundred Fifteen Thousand and no/100 (a$315,000.00) Dollars per year (the Fixed Rent "Base Minimum Rent"), payable in equal monthly installments in advance, of Twenty Six Thousand Two Hundred Fifty and no/100 ($26,250.00) Dollars each on the first day of each and every calendar month during the Term (term of this Lease, subject to Paragraphs the increases set forth in Section 3.3 below.
(ea) It is intended that the Base Minimum Rent shall be and (f) continue to be, payable in all events throughout the term hereof, and shall be an absolutely net return to the Landlord for the term of this Paragraph 2); plus Lease, free of any loss, cost expense or charges with respect to the Demised Premises, including without limitation by reason of enumeration, maintenance, repairs, cost of replacement of buildings and charges and other such impositions now or hereafter imposed upon or related to the Demised Premises herein.
(b) SUCH RENT HEREUNDER IS ABSOLUTE AND UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, RECOUPMENT, DIMINUTION, REDUCTION OR SETOFF WHATSOEVER. THE TENANT UNDERSTANDS AND AGREES THAT THE RENT PAYMENTS UNDER THIS LEASE, BUT NOT THE OBLIGATIONS HEREUNDER, WILL BE ASSIGNED TO THE LANDLORD'S DESIGNATED LENDER (WHICH LENDERS, MORTGAGEES, HOLDERS OF TRUST DEED, AND THEIR SUCCESSORS AND ASSIGNS ARE REFERRED TO HEREIN AS THE "LENDER").
3.3 Commencing and effective as of January 1, 2000 and every two years thereafter, the Base Minimum Rent shall be increased (but not decreased) to reflect the increase, if any, in the annual cost of living during the preceding two year period. The Base Minimum Rent shall be amended and revised effective as of each such additional rent January 1 to become the product of the then-current Base Minimum Rent and a fraction (“Additional Rent”which shall not be less than 1.0), the numerator of which is the "CPI-All Urban Consumer, (1982-84=100), U.S. City Average, All Items", as published by the Bureau of Labor Statistics of the U.S. Department of Labor (referred to herein as the "Price Index") reported for the immediately-preceding December, and the denominator of which is the Price Index in an amount equal to Tenant’s Proportionate Share the month of Expenses (December two years earlier. The retroactive rental increase, if any, shall be payable by Tenant within 10 days after publication of the Price Index, and all future payments of Base Minimum Rent shall be based upon the revised Base Minimum Rent unt il further adjustment.
3.4 The Landlord and Tenant hereby stipulate that, for all intents and purposes, the Base Minimum Rent shall be accrued on a cash basis as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the TermLease.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. (a) The Tenant shall pay to Landlord (or to Lender, if directed by Landlord), as minimum annual rent reserved under this Lease for the Term hereof shall be Leased Premises during the Term, the amounts set forth in Exhibit "B" attached hereto ("Basic Rent"), commencing on the Commencement Date for the current month and consist of (a) the Fixed Rent payable in equal monthly installments in advance, continuing on the first day of each and every calendar month thereafter during the Term Term, in each case for the current month (subject to Paragraphs (e) and (f) of this Paragraph 2the said days being called the "Basic Rent Payment Dates"); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord pay the same at its office stated aboveLandlord's address set forth below, or at such other place as Landlord from time to time may designatedesignate to Tenant in writing, in lawful money funds which at the time of such payment shall be legal tender for the payment of public or private debts in the United States of America. If the Commencement Date shall not be the first day of a calendar month, Basic Rent for the period from and including the Commencement Date through and including the end of the calendar month in which the Commencement Date occurs shall be prorated on the basis of the actual number of days in such calendar month and shall be paid on the Commencement Date.
(b) Tenant shall pay and discharge before the imposition of any fine, lien, interest or penalty may be added thereto for late payment thereof, as Additional Rent, all other amounts and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every fine, penalty, interest and cost which may be added by the party to whom such payment is due for nonpayment or late payment thereof. In the event of any failure by Tenant to pay or discharge any of the foregoing, Landlord shall have, after the expiration of all applicable cure periods, all rights, powers and remedies provided herein, by Law or otherwise, in the event of nonpayment of Basic Rent.
(c) If any installment of Basic Rent is not paid within five (5) days after written notice is received by Tenant from Landlord or Lender (or Lender's servicer or other designee of Lender) that the same is overdue (an "Overdue Notice"), Tenant shall pay to Landlord or Lender, as the case may be, on demand, as Additional Rent, a late charge equal to three percent (3%) (the "Late Charge") on such overdue installment of Basic Rent; provided, however, that (i) if the Rent Commencement Date shall occur on two (2) Overdue Notices are sent in any calendar year as a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis result of the monthly rent payable during the first year failure of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Basic Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off on or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after before the due date thereof with respect to two different months, then for same provided hereinthe balance of such calendar year (commencing with the Overdue Notice for the third monthly delinquency), a Late Charge shall be applicable if any installment of Basic Rent is thereafter not paid within three (3) days (one of which days must be a business day) after Tenant's receipt of the Overdue Notice; and (ii) no Late Charge shall be payable if the installment of Basic Rent has been sent by U.S. mail, properly addressed with postage prepaid, at least two (2) business days prior to the due date thereof (regardless of the date of receipt of such installment). If any installment of Basic Rent is not paid prior to such date on which a Late Charge is applicable pursuant to the foregoing provisions, then Landlord or Lender shall be entitled thereafter to send a second Overdue Notice. If the relevant installment of Basic Rent is not paid within three (3) business days after the second Overdue Notice is received by Tenant, Tenant shall paypay to Landlord or Lender, together with as the case may be, on demand, as Additional Rent, an additional late charge equal to two percent (2%) on such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaidoverdue installment of Basic Rent.
(d) Landlord and Tenant may pay agree that this Lease is a true lease and does not represent a financing arrangement. Each party shall reflect the Fixed Renttransactions represented by this Lease in all applicable books, Additional Rent records and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check reports (subject to collectionincluding, without limitation, income tax filings) drawn on in a New York Clearinghouse Association member bankmanner consistent with "true lease" treatment rather than "financing" treatment.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. (a) The rent reserved under this Tenant shall pay as "Base Rent" for each Lease for Year during the Initial Term hereof shall be the sum of Sixty-Six Thousand and consist of No/100 Dollars (a) the Fixed Rent $66,000.00), payable in advance, in equal monthly installments of Five Thousand Five Hundred and No/100 Dollars ($5,500.00). If Tenant exercises its option(s) to extend the Term, Tenant shall pay as Base Rent during the Renewal Term(s) a rental based upon the "market rate" for the Premises. The first and last monthly installments are due and payable on the execution of this Lease and the remaining installments are due and payable in advance, advance on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofTerm, and any other charges as shall become due and payable hereunderwithout offset or deduction, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, the address set forth in Paragraph 26 or at such other place as Landlord may designatehereafter designate in writing. Rent checks are to be made payable to Landlord, or such other person, firm or corporation as Landlord may designate in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Termwriting.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not sums due and payable on a monthly basis during by Tenant under this Lease other than Base Rent are "Additional Rent", whether or not so called in the Term, unless otherwise text of this Lease. Any Additional Rent for which no time for payment is specified herein, in this Lease shall be due and payable within fifteen ten (1510) days of delivery by Landlord to Tenant of notice to pay the sameafter demand is made therefor.
(c) In the event that any payment of Fixed All Rent, Additional whether Base Rent or any Additional Rent, is due and payable in full without demand, deduction or set-off and Tenant's obligation to pay the same shall survive the expiration or other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaidtermination of this Lease. Tenant's covenant to pay Rent is an independent covenant.
(d) Tenant Rent shall be equitably pro rated for any partial Lease Year or calendar year, as the case may pay be, during the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bankTerm.
(e) Notwithstanding anything For each Renewal Term, Tenant shall notify Landlord that Tenant desires to exercise its option to extend the Term of this Lease for the next ensuing five (5) year period, and to obtain an appraisal of the Premises to determine the market rent for the Premises by delivering written notice to Landlord not less than one hundred twenty (120) days prior to the contrary contained beginning of each Renewal Term. Tenant shall include in this Xxxxxxxxx 0such notice the name of an MAI appraiser selected by Tenant which has an office in Licking County, Xxxxxx Ohio. Landlord shall not be obligated within thirty (30) days following receipt of such notice from Tenant give written notice to pay Tenant setting forth the name of a second MAI appraiser with an office in Licking County, Ohio. If Landlord fails to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy notify Tenant of the Demised name of an appraiser within the thirty (30) day period, then the appraiser selected by Tenant shall determine the market rent and the decision of said appraiser shall be binding upon the parties hereto. If Landlord has selected an appraiser in accordance with the provisions of this Paragraph, then the appraiser selected by Landlord and the appraiser selected by Tenant shall meet and select a third MAI appraiser with an office in Licking County, Ohio. The appraiser selected by Landlord and the appraiser selected by Tenant shall each appraise the Premises for purposes of obtaining said market rent. The third appraiser shall determine and notify Landlord and Tenant which of the two appraisals made by Landlord's and Tenant's appraisers more closely reflects the market rent of the Premises, or (ii) March 1, 2001 (and the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet decision of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for third appraiser shall be binding upon the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Dateparties hereto.
Appears in 1 contract
Samples: Lease Agreement (MPW Industrial Services Group Inc)
Rent. (a) The During the first year of the Term, Lessee shall pay to Lessor as minimum annual rent reserved under this Lease for the Term hereof shall be and consist sum of One Hundred Eighty-four Thousand Eight Dollars (a) the Fixed Rent $184,008.00), payable in equal monthly installments of Fifteen Thousand Three Hundred Thirty-four Dollars ($15,334.00) each. Thereafter, for each Lease year during the Term and any Renewal Term, minimum annual rent shall equal the minimum annual rent payable in the immediately preceding Lease year, multiplied by 102.5% (e.g., the prior year's rental plus an increase of 2.5%). Such minimum annual rent shall be payable in advance, in equal monthly installments on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 any Renewal Term hereof, without demand, offset or deduction, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided. Lessor agrees that it will use its best efforts to obtain a Certificate of Occupancy on or before July 1, however2009.
(i) In the event Lessor shall not deliver a Certificate of Occupancy by August 1, that if 2009, Lessee shall have the Rent Commencement Date shall occur on option of (i) completing such work necessary to obtain a date other than Certificate of Occupancy, and deduct the first calendar day of a month, actual and reasonable cost thereof from the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis otherwise payable under this Lease until such amount is paid in full, or (ii) pay 50% of the monthly rent otherwise payable during the first year pursuant to this lease until such time as Lessor delivers a Certificate of the TermOccupancy.
(b) Tenant does hereby covenant and agree promptly This Lease is intended to be a "triple net" lease. Accordingly, Lessee agrees to pay the Fixed Rentas additional rent, Additional Rent and any other all charges herein reserved as and when the same shall become due and payablefor utilities, without demand therefortaxes, and without any set-off or deduction whatsoever. All Additional Rent assessments and other governmental charges payable hereunderwith respect to the Improved Leased Premises and as may be further provided in this Lease. It is the parties' intent that Lessee shall pay all such charges directly. In the event Lessor shall receive any such charges, which are not due Lessor shall bxxx Lessee for any such charges and payable on a monthly basis during Lessee shall promptly pay Lessor for such charges upon invoice. In the Termevent of nonpayment of additional rent. Lessor shall have, unless otherwise specified hereinin addition to all other rights and remedies, shall be due all the rights and payable within fifteen (15) days remedies provided for herein or by law in the case of delivery by Landlord to Tenant nonpayment of notice to pay the sameminimum rent.
(c) In the event that any payment of Fixed RentFor all purposes under this Lease, Additional rent shall mean both minimum and additional rent. Rent or any other charges shall be paid after the due date for same provided hereindelivered to Lessor at Lessor's address as set forth above, Tenant shall pay, together with or at such payment, the Late Charge and interest at 12% per annum for other place or to such unpaid amount for the period thereafter that such payment shall remain unpaidother person as Lessor may designate in writing from time to time.
(d) The parties acknowledge that Lessee has obtained regulatory approval that requires the subject bank branch to open by November 21, 2009. Only in the limited event that Lessor has not delivered a Certificate of Occupancy on or before November 21, 2009, and Lessee is unable to obtain an extension of all applicable bank regulatory approvals necessary to operate a bank branch at the subject location, but has diligently pursued such approvals and/or extensions of time, then Lessee shall have the option of terminating this Lease as of such date, provided that Lessee continues to make regular monthly payments as required in this Section 5 for a period of nine (9) months following the termination date. The Lessee shall be relieved of the liability for the post- termination monthly rental payments upon the expiration of nine (9) months following the termination date, or the date upon which rental obligations commence with a replacement Tenant may pay at the Fixed Rentproperty, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bankwhichever is sooner.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) The Lessee shall have no other termination rights hereunder except in the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premiseslimited circumstance provided for in Section 5(d), or above.
(ii) March 1, 2001 (the “Rent Commencement Date”).
(fNotice of termination pursuant to Section 5(d) Notwithstanding anything shall be in writing signed by an authorized representative of Lessee and delivered according to the contrary contained in this Xxxxxxxxx 0provisions of Section 32, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Datebelow.
Appears in 1 contract
Rent. a. Tenant shall pay to Landlord (a) The or to Lender, if directed by Landlord), as minimum annual rent reserved under this Lease for the Term hereof shall be Leased Premises during the Term, the amounts set forth in Exhibit B attached hereto ("BASIC RENT"), commencing on the Commencement Date for the succeeding, prorated month, and consist of (a) the Fixed Rent payable in equal monthly installments in advance, continuing regularly on the first (1st) calendar day of each and every calendar month thereafter during the Term Term, in advance (subject to Paragraphs (e) and (f) of this Paragraph 2the said days being called the "BASIC RENT PAYMENT DATES"); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord pay the same at its office stated aboveLandlord's address set forth below, or at such other place as Landlord from time to time may designatedesignate to Tenant in writing, in lawful money funds which at the time of such payment shall be legal tender for the payment of public or private debts in the United States of America; provided, however, that America and if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery required by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved Lender by wire transfer of in immediately available federal funds to such account in such bank as directed by Landlord or by check (subject Lender shall designate, from time to collection) drawn on a New York Clearinghouse Association member banktime.
b. Tenant shall pay and discharge before the imposition of any fine, lien, interest or penalty may be added thereto for late payment thereof, as Additional Rent, all other amounts and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every fine, penalty, interest and cost which may be added by the party to whom such payment is due for nonpayment or late payment thereof. In the event of any failure by Tenant to pay or discharge any of the foregoing, Landlord shall have all rights, powers and remedies provided herein, by law or otherwise, in the event of nonpayment of Basic Rent.
c. If any installment of Basic Rent is not paid by the fifth (e5th) Notwithstanding anything day after it is due, Tenant shall pay to Landlord, on demand, as Additional Rent, a late charge equal to five percent (5%) (the "Late Charge"). If not previously paid, the assessed Late Charge shall be added to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed next maturing lease rental and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)first deducted therefrom.
d. Landlord and Tenant agree that this Lease is a true lease and does not represent a financing arrangement. Each party shall reflect the transactions represented by this Lease in all applicable books, records, and reports (fincluding, without limitation, income tax filings) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Datea manner consistent with "true lease" treatment rather than "financing" treatment.
Appears in 1 contract
Samples: Lease Agreement (Dave & Busters Inc)
Rent. (a) The rent reserved under this Lease Landlord hereby leases and Tenant hereby rents from Landlord a portion of the twenty-second (22nd) floor, approximately as shown hatched on the plan annexed hereto as Schedule A (hereinafter referred to as the "demised premises") in the building (hereinafter referred to as the "Building") located on the land (hereinafter referred to as the "Land") described in Schedule B annexed hereto (the Land and the Building being hereinafter referred to as the "Property"), for a term (hereinafter referred to as the "Term") of approximately three (3) years commencing on the "Commencement Date" and ending on the "Expiration Date" (as said terms are defined in Article 2 hereof) unless the Term hereof shall be sooner cease and consist terminate as hereinafter provided. It is expressly understood and agreed that the Building has no floor which is denominated as the 13th floor.
(b) Tenant agrees to pay to Landlord a fixed annual rent (hereinafter referred to as the "fixed annual rent") at the annual rate of ONE HUNDRED FOUR THOUSAND ONE HUNDRED FIFTEEN AND 00/100 (a$104,115.00) the Fixed Rent payable DOLLARS per annum, in equal monthly installments of Eight Thousand Six Hundred Seventy-Six and 25/100 ($8,676.25) Dollars, each in advance, advance on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) Term, at the office of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, without any setoff or deduction whatsoever, except such deductions as are specifically referred to in Articles 10 and 14 hereof. The first full month's installment of fixed annual rent and the Security Deposit (described in Article 40 hereof) shall be paid by Tenant to Landlord upon the execution of this Lease. Should the Commencement Date fall on any day other than the first day of a month, then the fixed annual rent for such month shall be prorated on a per diem basis, and Tenant agrees to pay the amount thereof for such partial month on the Commencement Date.
1.02. Tenant shall pay the fixed annual rent and all additional rent payable hereunder in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn to the order of First Pac Limited, or such other party as Landlord may from time to time designate, on a bank which is a member of The New York Clearinghouse Association member bankor a successor thereto. All sums, other than fixed annual rent, payable by Tenant hereunder shall be deemed additional rent and shall be payable on demand unless other payment dates are hereinafter provided. Landlord shall have the same rights and remedies (including, without limitation, the right to commence a summary proceeding) for a default in the payment of additional rent as for a default in the payment of fixed annual rent notwithstanding the fact that Tenant may not then also be in default in the payment of fixed annual rent.
(ea) Notwithstanding anything If Tenant shall fail to pay when due (i) any installment of fixed annual rent or (ii) any additional rent and any such failure shall continue for five (5) days, then Tenant shall pay Landlord, as additional rent, a late charge equal to two (2%) percent of such installment or payment as an agreed liquidated amount as compensation for Landlord's additional administrative expenses relating to such late payment. The provisions of this subsection 1.03(a) shall not apply to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated first failure by Tenant to pay any such overdue rental item during any 12-month period occurring during the term of this Lease provided Tenant shall cure such failure within five (5) Business Days after notice thereof from Landlord.
(b) If Tenant shall fail to pay when due (i) any installment of fixed annual rent or (ii) any additional rent when due and such failure shall continue beyond the five (5) day period specified in paragraph (a) above, Tenant shall pay in addition to the late charge provided in paragraph (a) above, interest on such amounts at the Interest Rate (as such term is defined in Article 22 hereof), from the last day of such five-day period to the date the same is paid to Landlord, and such interest shall be deemed additional rent.
(c) The provisions of this Section 1.03 are in addition to other remedies available to Landlord for non-payment of fixed annual rent or additional rent.
1.04. If any of the monthly Fixed Rent fixed annual rent or additional rent payable under this Lease shall be or become uncollectible, reduced or required to be refunded because of any Legal Requirement (as such term is defined in Article 22 hereof), Tenant shall enter into such agreement(s) and take such other legally permissible steps as Landlord may reasonably request to permit Landlord to collect the maximum rents which from time to time during the Commencement Date until continuance of such Legal Requirement may be legally permissible and not in excess of the earlier amounts reserved therefor under this Lease. Upon the termination of such Legal Requirement, (a) the rents hereunder shall be payable in the amounts reserved herein for the periods following such termination and (b) Tenant shall pay to Landlord, to the maximum extent legally permissible, an amount equal to (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has rents which would have been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or paid pursuant to this Lease but for such Legal Requirement less (ii) March 1the rents, 2001 if any, paid by Tenant during the period such Legal Requirement was in effect.
1.05. Provided that Tenant is not then in default of any of the terms, provisions or conditions of this Lease, the fixed annual rent payable by Tenant pursuant to Section 1.01(b) hereof shall be abated during the thirty (30) day period commencing on the “Commencement Date and ending on the date which shall be the twenty-ninth (29th) day immediately following the Commencement Date, both dates inclusive. The day which immediately follows the expiration of the foregoing abatement period shall hereinafter be referred to as the "Rent Commencement Date”)".
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (2bridge)
Rent. (a) The Lessee agrees to pay to Lessor as minimum monthly rent reserved under this Lease for the Term hereof shall be and consist of (a) premises the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, following in lawful money of the United States of America; provided, however, that if the : Rent Commencement Date shall occur on a date other than is payable in advance of the first calendar day of a montheach and every month during the term of this Lease to Lessor without notice or demand and without deduction or offset. Said rent shall be paid at such place or places as may be designated in writing from time to time by Lessor, the rent first of said payments to be made upon execution of this Lease. Rent for any period during the partial term hereof which is for less than one month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis a pro rata portion of the monthly rent payable during the first year installment. Lessee shall pay, as additional rental, all rentals, charges and other sums of the Term.
money required to be paid by Lessee under this Lease (b) Tenant does hereby covenant all such rentals, charges and agree promptly sums other than minimum monthly rental being referred to pay the Fixed Rentin this Lease as "Additional Rental"), Additional Rent and any other charges herein reserved as and when whether or not the same may be designated "Additional Rental". If such amounts are not paid at the time provided in this Lease, they shall become nevertheless be collectible, together with any interest or late charge provided for herein, as Additional Rental with the next installment of minimum monthly rental thereafter following due, but nothing herein contained shall be deemed to suspend or delay the payment of any amount of money or charge at the time the same becomes due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are or limit any other remedy of Lessor. Where the time for payment of any Additional Rental is not due and payable on a monthly basis during the Term, unless otherwise specified herein, the same shall be due and payable within fifteen ten (1510) days of delivery by Landlord to Tenant of notice to pay the sameafter Lessor's invoice or demand is given.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. (a) 3.1. The rent reserved ("Rent") payable during the Term under this Lease Sublease ---- shall be as set forth on Schedule C hereto. ----------
3.2. Upon the execution of this Sublease, Sublessee shall pay to Sublessor the sum of * as Rent for the Term hereof month of October. Thereafter all payments ------- of Rent shall be and consist of (a) the Fixed Rent payable in equal monthly installments and shall be made, in advance, advance on the first twenty fifth (25th) day of each and every calendar month during the Term (subject to Paragraphs (e) except for the first and (f) last month of this Paragraph 2the Term); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease . The Rent and all charges for services and utilities pursuant to Paragraph 15 hereofother payments, and any other charges as shall become if any, due and payable hereunder, which Additional Rent hereunder by Sublessee shall be made by check payable as hereinafter providedto the order of "Ryder System, all Inc." and addressed to be paid Ryder Truck Rental, Inc., 0000 XX 00 Xxxxxx, Xxxxx, XX 00000 , Attention: Ryder System Inc., Comptroller or to Landlord such other person or at its office stated above, or such other place as Landlord Sublessor may designatefrom time to time designate in writing within thirty (30) days after receipt by Sublessee of request therefor.
3.3. In the event that Sublessee shall dispute any calculation of Rent charged to Sublessee by Sublessor, in lawful money then Sublessee shall send to Sublessor a written notice, within 30 days of receipt by Sublessee of such charge, setting forth the basis for Sublessee's dispute. Sublessor and Sublessee shall thereupon use reasonable and good faith efforts to resolve such dispute. If the parties are unable to resolve such dispute within 30 days after submission by Sublessee of its dispute notice, then the parties shall designate an independent certified public accountant mutually acceptable to both parties (the "Independent ----------- Accountant") to resolve such dispute, and the fees and charges of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date ---------- Independent Accountant shall be appropriately pro-rated on shared equally by the basis parties. Both parties shall provide the Independent Accountant with all information reasonably requested by the Independent Accountant in connection with its review of such dispute, and both parties shall request that the Independent Accountant complete its work expeditiously and issue a written report to both parties setting forth its determination. The written determination of the monthly rent payable during Independent Accountant shall be final and shall be binding upon both Sublessor and Sublessee. All disputes to be resolved pursuant to this Section 3.3 shall be so resolved in accordance with the first year of the Termprinciples and standards set forth in Section 3.5 below.
(b) Tenant does hereby covenant 3.4. Sublessor shall furnish to Sublessee copies of any material statements and agree promptly other material documents and information which are provided to pay Sublessor by Landlord pursuant to the Fixed RentMaster Lease. Without limiting any other obligations of Sublessor hereunder, Additional Sublessor agrees it will, upon reasonable request from Sublessee, exercise on Sublessee's behalf, and at Sublessee's sole cost, any rights of Sublessor under the Master Lease to review and inspect records and otherwise obtain information from Landlord. * CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
3.5. All calculations by Sublessor of Rent and any other charges herein reserved as and when the same amounts that are payable by Sublessee hereunder shall become due and payable, without demand thereforbe made in accordance with Landlord's past practices with respect to Sublessor, and without any set-off or deduction whatsoever. All Additional Rent all charges and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord allocations relating to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate all accounting practices utilized by Sublessor with respect to amounts charged to Sublessee under this Sublease (temporary or finalincluding the capitalization, amortization and expensing of costs incurred and funds expended) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)shall also be made in such manner.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Sublease (Ryder TRS Inc)
Rent. (aBeginning on the Commencement Date, Subtenant agrees to pay the Annual Fixed Rent set forth in Section 1(L) The rent reserved under this Lease for to the Term hereof Payee specified in Section 1(M), by ACH transfer in accordance with the instructions provided in Section 1(O)), or to such other payee or at such other address as may be designated by notice in writing from Sublandlord to Subtenant, without prior demand therefor and without any deduction or set off whatsoever. Annual Fixed Rent shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments (as set forth in advance, Section 1(L)) in advance on the first day of each and every calendar month during of the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to after the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Commencement Date. Annual Fixed Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on for any partial months at the basis of the monthly rent payable during the first year beginning and end of the Term.
(b) Tenant does hereby covenant and agree promptly . Any amount due from Subtenant to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and Sublandlord under this Sublease that is not paid when the same due shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after bear interest from the due date for same provided herein, Tenant shall pay, together with such payment, at the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier lesser of (i) three percent (3%) above the prime rate as reported in The Wall Street Journal on the date that closest to the Demised Premises are substantially completed date such payment was required to be made hereunder and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 the highest legal rate permitted under the laws of the Commonwealth of Massachusetts (the “Rent Commencement DateInterest Rate”).
(f) , such interest to accrue from the date due until paid unless otherwise specifically provided herein, but the payment of such interest shall not excuse or cure any default by Subtenant under this Sublease. Notwithstanding anything the foregoing, Sublandlord agrees to waive the payment of interest as provided in the immediately preceding sentence with respect to the contrary contained in this Xxxxxxxxx 0first late payment of Rent during the Term. Sublandlord shall also be entitled, Xxxxxx shall not be obligated on account of a failure by Subtenant to pay make any payment when due (except with respect to Landlord the portion first late payment of monthly Fixed Rent attributable during the Term), to 22,417 rentable square feet charge as Additional Rent a fee equal to five percent (5%) of the Demised Premises, being Fifty-six Thousand Forty-two amount due as compensation for Sublandlord’s administrative costs in investigating and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Datecollecting such late payment.
Appears in 1 contract
Rent. (a) The During the Primary Term and any Extension Terms, Lessee shall pay to Lessor the amounts set forth in Exhibit C attached hereto and made a part hereof for all purposes as basic rent reserved under this Lease for the Term hereof Premises ("Basic Rent"). Lessee shall pay Basic Rent to Lessor (or to Lessor's Mortgagee, upon Lessor's request) by wire transfer, in immediately available funds, as follows: Bank: Mellon Bank Pittsburgh, PA ABA Routing #: 043 000 261 Account Number: 101-1730 Account Name: Merrill Lynch For further credit to: Account No. 000-00090, Xxcount Name: NL Ventures IV New Hope, L.P. Merrill Lynch contact: Susan West @ 972-980-0000, xx xx xxxx xxxxx xxxxxxx xx xo such othxx xxxxxx as Xxxxxx xxxx time to time may designate. Lessor shall give Lessee not less than 15 days' prior written notice of any change in the address to which such payments are to be made. If the party entitled to receive Basic Rent or such party's address shall change, Lessee may, until receipt of notice of such change from the party entitled to receive Basic Rent immediately preceding such change, continue to pay Basic Rent and additional charges to the party to which, and in the manner in which, the preceding installment of Basic Rent or additional charges, as the case may be, was paid. Such annual rentals shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, advance on the first day of each month and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional prorated Basic Rent shall be payable as hereinafter providedon the Commencement Date, if such date does not fall on the first day of the month. Any rental payment made in respect of a period which is less than one month shall be prorated by multiplying the then applicable monthly rental by a fraction the numerator of which is the number of days in such month with respect to which rent is being paid and the denominator of which is the total number of days in such month. Lessee shall perform all to be paid to Landlord its obligations under this Lease at its office stated abovesole cost and expense, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date and shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed all Basic Rent, Additional Rent additional charges and any other charges herein reserved as and sum due hereunder when the same shall become due and payable, without demand therefor, and without any set-off notice or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the samedemand.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Navarre Corp /Mn/)
Rent. (a) 2.1 The rent reserved under this Lease for the Term hereof Lessee shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant pay to the terms Lessor at its offices set forth in Section 20.6 of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord or at its office stated above, or such other place as Landlord may designatethe Lessor shall designate to the Lessee from time to time in writing, as rent ("Rent"), payable without prior notice or demand and without setoff or deduction of any nature, as follows:
(a) During the first Lease Year of the Term hereof, twelve (12) equal, consecutive monthly installments in the amount of Four Thousand Six Hundred Thirty and 00/100 Dollars ($4,630.00) each, in lawful money advance, the first such payment becoming due and payable on the Commencement Date and each successive monthly payment becoming due and payable on the same day of each of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Termnext eleven (11) months thereafter.
(b) Tenant does hereby covenant and agree promptly to pay For each Lease Year of the Fixed Rent, Additional Rent and any other charges herein reserved as and when Initial Term hereof following the same shall become due and payable, without demand thereforfirst Lease Year, and without for each Lease Year of the Renewal Term, if applicable, there shall be an increase in Rent ("Rent Increase"), which Rent Increase shall be three and one half percent (3.5%) of the Rent applicable to the immediately preceding Lease Year.
2.2 As used herein, "Expenses" shall mean any set-off and all assessments, costs, premiums, taxes, utility charges and all other expenses of any and every nature pertaining or deduction whatsoever. All Additional Rent related to the Leased Premises or the maintenance, occupation, repair or operation of the Leased Premises other than (a) principal, interest and other charges payable hereunderamounts owing with respect to loans to Lessor secured in whole or in part by the Leased Premises, and (b) all Capital Expenditures (as hereinafter defined) except those Capital Expenditures which are not due and payable on a monthly basis during the Termcaused, unless otherwise specified hereinin whole or in part, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary by any act or final) of occupancy has been issued by appropriate governmental authority permitting occupancy omission of the Demised PremisesLessee or any of its shareholders, directors, officers, employees, agents, contractors or representatives or (ii) March 1by any Default by Lessee. As used herein, 2001 (the “Rent Commencement Date”)"Capital Expenditures" means any expenditures which, under generally accepted accounting principals and practices, would be characterized as Capital Expenditures.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. (a) The rent reserved under this Lease Lessees shall pay to Lessor for the Term hereof shall be and consist use of the Aircraft, a fixed monthly rental (aindividually “Fixed Rental,” collectively “Fixed Rentals”) in the Fixed Rent amount set forth in Exhibit “C” attached hereto, payable in equal monthly installments in advance, advance on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional RentRental Payment Date”) in ), except that if the Delivery Date does not take place on September 30, 2014, solely for the period from and including the Delivery Date through the end of the month of the Delivery Date (the “Interim Period”), Lessor agrees that Lessees shall pay to Lessor as rent an amount equal to Tenant’s Proportionate Share the Fixed Rental, divided by thirty (30), multiplied by the number of Expenses days in the Interim Period (as such terms are defined the “Interim Rent”). Lessees shall pay the Interim Rent on the Delivery Date. All payments by Lessees shall be made by bank wire transfer in Paragraph 3 immediately available funds, free of this Lease) as may be payable pursuant any transmission charges or other charges of any sort, to the terms of this Lease bank account designated by Lessor and all charges for services and utilities pursuant in accordance with the instructions Lessor shall provide from time to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all time to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoeverLessees. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that Lessees fail to pay any payment of Fixed RentRental within ten (10) days after their due date, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant Lessees shall pay, together with such paymentas a late payment charge, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything in addition to the contrary contained in this Xxxxxxxxx 0amount of such Fixed Rental, Xxxxxx shall not be obligated to pay to Landlord interest thereon at the monthly Fixed Rent from the Commencement Date until the earlier maximum lawful rate or one half of one percent (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50.5%) per month, for whichever is less, from the third (3rd)date the Fixed Rental was originally due, fourth (4th)until paid. Lessees acknowledge that this is a net lease and agree that Lessees are obligated to pay all Fixed Rentals hereunder, eighth (8th) and ninth (9th) months after that said obligations and the Rent Commencement Daterights of Lessor in and to such Fixed Rentals, shall be absolute and unconditional and shall not be subject to any abatement, reduction, set-off, defense, counter-claim or recoupment, except as otherwise expressly provided in this Lease.
Appears in 1 contract
Samples: Aircraft Dry Lease (Moelis & Co)
Rent. (a) The rent reserved under this Lease 1.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Premises for the Term hereof Term.
1.2 Tenant hereby covenants and agrees to pay, when due, the Basic Rent and all Additional Rent as herein provided. Basic Rent shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (advance, without set-off, demand or deduction, except as such terms are defined expressly set forth in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its the office stated aboveof Landlord, or such other place as Landlord may designate. Notwithstanding any provision hereof, in lawful money (i) fifty (50%) percent Basic Rent for the first complete calendar month of the United States Term in the sum of America$8,859.38 shall be paid upon execution hereof and Landlord hereby acknowledges receipt thereof; provided, however, that if (ii) an amount equal to fifty (50%) percent of the Basic Rent Commencement Date shall occur on a date other than for the first calendar day three months of a the Term shall be abated (i.e., Tenant shall pay the sum of $8,859.38 as Basic Rent for each such month, ) and (iii) an amount equal to twenty-five (25%) percent of the rent Basic Rent for the partial month commencing on fourth and fifth months of the Rent Commencement Date Term shall be appropriately pro-rated on abated (i.e., Tenant shall pay the basis sum of the monthly rent payable during the first year of the Term$13,289.06 as Basic Rent for each such month).
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, 1.3 Any installment or installments of Basic Rent or Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand thereforaccruing hereunder, and without any set-off or deduction whatsoever. All Additional Rent and all other charges sums payable hereunder, by Tenant hereunder which are not paid when due and payable on a monthly basis during the Term, unless (without regard to any otherwise specified hereinapplicable cure period), shall bear interest until paid at the rate of two (2%) percent per month (unless such rate shall be due and payable within fifteen unlawful, in which case the highest permitted legal rate shall apply). In addition, if Tenant is delinquent more than five (155) business days in the payment of delivery by any Basic Rent or Additional Rent it shall pay to the Landlord a late charge equal to Tenant five (5) cents for each dollar of notice to pay the sameBasic Rent or Additional Rent which is delinquent.
(c) 1.4 In the event that any check paid by Tenant for the payment of Fixed Rent, any installment or installments of Basic Rent or Additional Rent or for any other charges shall be paid after the due date sums payable by Tenant hereunder is returned by Landlord's bank for same provided hereininsufficient or unavailable funds, Tenant shall paypay to Landlord a Fifty ($50.00) Dollar handling and administration fee upon notice and demand by Landlord. Tenant may, together with such paymentat Tenant’s option, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Basic Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed to an account designated by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bankLandlord.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. (a) The rent reserved under this Lease As of the Delivery Date and for the Term hereof entire Lease Term, the Lessee shall pay the Lessor rent consisting of Base Rent plus linkage differentials as specified in this Section below. The Rent shall be paid by authorization to debit the Lessee’s account in the form required by the Lessor, directly to the Lessor’s account whose details are specified in Appendix A and/or to any other account as the Lessor may instruct the Lessee in writing; or By furnishing the Lessor with quarterly checks post-dated to the first day of each quarter of the Lease Term, for the Base Rent amount. The Lessee shall pay the Lessor linkage differentials at the beginning of each quarter in accordance with the increases in the index. It is clarified that the Lessor may, by prior arrangement with the Lessee, modify the payment method from time to time, according to its needs. It is hereby clarified that the aforementioned authorization and/or checks shall only be considered payment hereunder upon the actual payment in accordance with such authorization/checks.
8.1. The Lessee shall pay the Base Rent in the quarterly amount set forth in Appendix A.
8.2. Linkage differentials shall be added to the Base Rent. The linkage differentials shall be considered for all intents and consist purposes as part of (a) the Fixed Base Rent.
8.3. The Base Rent payable shall be paid in equal monthly installments in advanceadvance for each quarter of the Lease Term, on the first day of each quarter. At the beginning of the Lease Term, the Lessee shall pay Base Rent for the first quarter of the Lease Term. If the Lease Term commences in the middle of the quarter, the rent shall be paid for the first quarter as stated above, according to a calendar quarter. For example: if the Lease Term commences on March 1, 2017, the Lessee shall pay, at the beginning of the Lease Term, the Base Rent for the months of March and every calendar month during April only. At the Term (subject to Paragraphs (e) and (f) beginning of this Paragraph 2); plus (b) such additional rent (“each Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to Lease Term, the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Base Rent shall be payable increased as hereinafter provided, all to be paid to Landlord at its office stated in Section 6.5 above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Outbrain Inc.)
Rent. (a) The rent reserved under this Lease for the Term hereof shall be Lessee covenants and consist of (a) the Fixed Rent payable in equal monthly installments in advanceagrees to pay Lessor at 0000 Xxxxxx Xxxxxx, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofXxxxx 0000, and any other charges as shall become due and payable hereunderXxxxxxx, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated aboveXX 00000, or to such other party or at such other place as Landlord Lessor may hereafter designate, monthly rent in lawful money advance without offset or deduction, on or before the first (1st) day of each month of the United States Lease term in the amounts as follows: Months: Base Rent: ------ --------- 1 through 36 $7,895.00 per month 37 through 60 $8,606.00 per month 4. SECURITY DEPOSIT. Lessee has deposited with Lessor on the date hereof Eight Thousand Six Hundred and Six and No/100 dollars ($8,606.00). Said sum shall be held by Lessor as security for the faithful performance by Lessee of Americaall the terms, covenants and conditions of this Lease to be kept and performed by Lessee during the entire Term hereof. If Lessee defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of Minimum Rent, Percentage Rent, Adjustments or other charges or sums due under this Lease, Lessor may (but shall not be required to) use, apply or retain all or any part of the security deposit for the payment of any Minimum Rent, Percentage Rent, Adjustments or other charges or sums due under this Lease or any sum in default, or for the payment of any amount which Lessor may spend or become obligated to spend by reason of Lessee's default, or to compensate Lessor for any other loss, damage, cost or expense (including attorneys' fees) which Lessor may suffer or incur by reason of Lessee's default. If any portion of said security deposit is so used or applied, Lessee shall, within five (5) days after written demand therefor, deposit a certified or cashier's check with Lessor in an amount sufficient to restore the security deposit to its original amount and Lessee's failure to do so shall be a default under this Lease. Lessor shall not be required to keep the security deposit separate from its general funds and Lessee shall not be entitled to interest on such deposit. If Lessee shall fully and faithfully perform every provision of this Lease to be performed by it, the security deposit or any balance thereof after deduction hereunder by Lessor shall be returned to Lessee (or, at Lessor's option, to the last assignee of Lessee's interest hereunder) within thirty (30) days following expiration of the Lease Term; provided, however, that if in the Rent Commencement Date event this Lease shall occur on a date other than be terminated upon the first calendar day default of a monththe Lessee, the rent for the partial month commencing on the Rent Commencement Date security deposit shall be appropriately pro-rated on retained by Lessor and all of Lessee's interest therein shall terminate and the basis security deposit will be applied against the damages suffered by Lessor by reason of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoeverLessee's default. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and termination of Lessor's interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0Lease, Xxxxxx Lessor shall not be obligated transfer said deposit to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)Lessor's successor in interest.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Industrial Lease (Icos Corp / De)
Rent. (a) The rent reserved under this Lease 5.1 Tenant agrees to pay Landlord as Basic Annual Rent for the Term hereof Premises the sum set forth in Section 2.1.2, subject to the rental adjustments provided in Sections 4.1, 6.1 and 8.2 hereof. Basic Annual Rent shall be and consist of (a) paid in the Fixed Rent payable in equal monthly installments set forth in advanceSection 2.1.3, subject to the rental adjustments provided in Sections 4.1, 6.1 and 8.2 hereof, each in advance on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) term of this Paragraph 2); plus (b) such Lease.
5.2 In addition to Basic Annual Rent, Tenant agrees to pay to Landlord as additional rent (“"Additional Rent”) "), at the times hereinafter specified in an amount equal this Lease, Operating Expense" as provided in Section 7.1 and all other amounts that Tenant assumes or agrees to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 pay under the provisions of this Lease, including but not limited to any and all other sums that may become due by reason of (i) as may be payable pursuant any default of' Tenant or failure on Tenant's part to comply with the terms agreements, terms, covenants and conditions of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofbe performed by Tenant, and (ii) Landlord's performance of any other charges as shall become due obligations of Tenant under this Lease.
5.3 Basic Annual Rent and payable hereunder, which Additional Rent shall together be payable denominated "Rent." Except as hereinafter providedexpressly set forth in this Lease, all to Rent shall be paid to Landlord at its office stated aboveLandlord, without notice, demand, abatement, suspension, deduction, or such other place as Landlord may designatesetoff, in lawful money of the United States of America; provided, however, that if at the office of Landlord as set forth in Section 2.1.7 or to such other person or at such other place as Landlord may from time to time designate in writing. Landlord shall submit to Tenant an invoice for Rent Commencement Date shall occur once each calendar month.
5.4 In the event the term of this Lease commences or ends on a date day other than the first calendar day of a calendar month, the rent for the partial month commencing on then the Rent Commencement Date for such fraction of a month shall be appropriately pro-rated prorated for such period on the basis of the monthly rent payable during the first year of the Term.
a thirty (b30) Tenant does hereby covenant day month and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after at the due date then current rate for same provided herein, such fractional month prior to the commencement of the partial month.
5.5 This is an absolutely net lease to Landlord. It is the intent of the parties that the Basic Annual Rent payable under this Lease shall be an absolutely net return to Landlord and that Tenant shall pay, together with such payment, the Late Charge pay all costs and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything expenses relating to the contrary contained Premises unless otherwise expressly provided in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary Lease. Any amount or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything obligation herein relating to the contrary contained in this Xxxxxxxxx 0, Xxxxxx Premises which is not expressly declared to be that of Landlord shall not be obligated deemed to pay be an obligation of Tenant to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Datebe performed by Tenant at Tenant's expense.
Appears in 1 contract
Rent. (a) The rent reserved under this Lease for the Term hereof Lessee shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject pay to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, Lessor in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the as fixed rent for the partial month commencing Premises, the amounts set forth in Schedule B (Basic Rent) on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Termdates set forth therein (Payment Dates), at Lessor's address as set forth above, or at such other address or to such person as Lessor from time to time may designate.
(b) Tenant does hereby covenant and agree promptly All amounts which Lessee is required to pay the Fixed pursuant to this Lease (other than Basic Rent, Additional amounts payable upon purchase of the Premises, amounts payable to maintain and repair the Premises pursuant to paragraph 9, amounts payable for additions to and alterations of the Improvements pursuant to paragraph 10, amounts payable for restoration of the Improvements pursuant to paragraph 11 and amounts payable as liquidated damages pursuant to paragraph 18), together with every fine, penalty, interest and cost which may be added for non-payment thereof, shall constitute additional charges. Every fine, penalty, interest and cost which may be added for late payment of Basic Rent and shall constitute additional rent. If Xxxxxx shall fail to pay any such additional charges, additional rent or any other charges herein reserved as and sum due hereunder when the same shall become due, Lessor shall have all rights, powers and remedies with respect thereto as are provided herein or by law in the case of non-payment of any Basic Rent which is then due and payable and shall, except as expressly provided herein, have the right to pay the same on behalf of Xxxxxx. Lessee shall pay to Lessor interest at the rate of 1% above the then rate of interest per annum on Lessor's financing of its interest in the Premises, or the highest amount not prohibited by law, which ever is less, on all overdue Basic Rent from the due date thereof until paid, and on all overdue additional charges, additional rent or other sums due hereunder paid by Lessor on behalf of Lessee from the date of payment by Lessor until repaid by Xxxxxx. Lessee shall perform all its obligations under this Lease at its sole cost and expense, and shall pay all Basic Rent, additional charges and additional rent and other sums due hereunder when due and payable, without demand therefor, and without any set-off notice or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the samedemand.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. (a) The rent reserved under this Lease for Tenant agrees to pay to Landlord the Term hereof shall be and consist Base Rent, without notice or demand, the monthly sum of (a) the Fixed Rent payable in equal monthly installments $[ ], in advance, on or before the first day of each and every successive calendar month during that Tenant continues to occupy the Term (subject Premises, Tenant shall pay to Paragraphs (e) and (f) Landlord, the amount of $[ ] per month plus applicable sales tax. Notwithstanding any of the foregoing, the first month’s Base Rent plus applicable sales tax, in the amount of $[ ] shall be due upon execution of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) Agreement. All Rent provided for in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as Agreement shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated aboveby check and remitted to the following address: 000 X. Xxxxx Blvd., or Suite 315, Winter Park, FL 32789. All installments of rent are due on the first day of each month and considered late after the fifth (5th) day of that month. If the monthly rental payments are not made by the fifth (5th) of the month, Landlord may charge Tenant a five (5%) percent late payment penalty. All payments made by Tenant shall be applied to amounts payable by Tenant hereunder in such other place order as Landlord may designateshall determine in its sole discretion. At Landlord’s option, in lawful money Tenant shall make payments of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any all other charges herein reserved as payments to Landlord required by the Lease via Automated Clearing House Transfer (“ACH Payment”); in accordance with the terms and when the conditions of this Paragraph. If Landlord shall elect to have payments made by ACH Payment, Landlord shall provide notice to Tenant of same shall become due and payableTenant shall, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery the date of such notice from Landlord, execute and deliver to Landlord a complete Authorization Agreement in the form set forth in Exhibit I attached hereto or on such other form as shall be reasonably requested by Landlord, together with a voided check for account verification, establishing arrangements whereby payments of the Rent and other funds are transferred by ACH Payment initiated by Landlord to from an account established by Tenant of notice at a financial institution approved by Landlord. Thereafter, Tenant shall continue to pay all rental and other obligations by ACH Payment initiated by Landlord unless otherwise directed by Landlord. Any denial or delay of a scheduled ACH Payment resulting from insufficient funds in the same.
(c) In account Tenant designates for the event that any payment of Fixed Rent, Additional Rent ACH debit or any other charges shall be paid after the due date for same provided hereindelay resulting from Tenant’s actions, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on any cure period prescribed under this Lease, shall immediately and automatically be, a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy default of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)Lease.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Lease Agreement
Rent. (a) The rent reserved under this Lease for Tenant shall pay to the Term hereof shall be and consist of (a) Landlord as Base Rent, in legal tender, at the Fixed Rent Landlord’s office as set forth in Exhibit “B”, or as directed from time to time by Landlord’s notice, the annual amount set forth in Exhibit “B” payable in equal monthly installments payments as set forth in advance, Exhibit “B” promptly on the first day of each and every calendar month of the term, except for the first month’s rent which is due and payable on execution of this Lease, and pro rata, in advance for any partial month, without demand, the same being hereby waived and without any set-off or deduction whatsoever. For any rent payment not made when due, Tenant shall pay — except as otherwise provided for herein — a late charge equal to the greater of: i) $100.00 or ii) ten percent (10%) of the overdue amount. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of such late payment. The covenants herein to pay a late charge shall be independent of any other covenant set forth in this Lease and shall be paid without deduction or set-off.
(b) It is understood that the Base Rent specified in Paragraph (a) was negotiated in anticipation that the amount of Operating Expenses on the Property would not exceed $271,970.00 during any calendar year of the Term term hereof. Therefore, in order that the rental payable throughout the term of the Lease shall reflect any increase in such costs, the parties agree as hereinafter in this Section set forth. The annual Base Rent payable pursuant to Paragraph (subject a) as increased pursuant to Paragraphs Paragraph (e) and (fb) of this Paragraph 2); plus (b) such additional rent (Section is hereinafter called the “Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such . Certain terms are defined as follows: Tenant’s Share: The amount of Tenant’s pro rata share of the increase in Paragraph 3 Taxes and Operating Expenses over $271,970.00 during each calendar year. Tenant’s pro rata share of this Leasesuch increase is agreed to be 10% .
(A) as may be payable pursuant Operating Expenses shall consist of all expenses, costs and disbursements (but not specific costs billed to specific tenants of the Property) of every kind and nature, computed on the accrual basis, relating to or incurred or paid in connection with the ownership and operation of the Property, including but not limited to, the following:
(i) wages and salaries of all on and off-site employees engaged in the operation, maintenance or access control of the Property, including taxes, insurance and benefits relating to such employees, allocated based upon the time such employees are engaged directly in providing such services;
(ii) all supplies, tools, equipment and materials used in the operation and maintenance of the Property;
(iii) cost of all utilities for the Property including but not limited to the terms cost of this Lease water and power for heating, lighting, air conditioning and ventilating in the common areas;
(iv) cost of all charges maintenance and service agreements for services the Property and utilities pursuant the equipment therein, including but not limited to Paragraph 15 hereofsecurity service, garage operators, window cleaning, elevator maintenance, janitorial service and landscaping maintenance;
(v) cost of management, not to exceed five per cent (5%), of actual base rent received;
(vi) cost of repairs and general maintenance of the Property (excluding repairs, alterations and general maintenance paid by proceeds of insurance or attributable solely to tenants of the Property other than Tenant);
(vii) amortization (together with reasonable financing charges) of the cost of installation of capital investment items which are installed for the purpose of reducing operating expenses, promoting safety, complying with governmental requirements or maintaining the first class nature of the Property, other than capital items installed in connection with Lessor’s initial construction of the Property;
(viii) the cost of all insurance on the Property, including, but not limited to, the cost of casualty, rental abatement and liability insurance applicable to the Property and Lessor’s personal property used in connection therewith; and
(ix) all taxes, assessments and governmental charges, whether or not directly paid by Lessor, whether federal, state, county or municipal and whether they be by taxing districts or authorities presently taxing the Property or by other subsequently created or otherwise, and any other charges as shall become due taxes and payable hereunderassessments attributable to the Property or its operation, which Additional Rent shall be payable as hereinafter providedexcluding, all to be paid to Landlord at its office stated abovehowever, federal and state taxes on income, death taxes, franchise taxes, and any taxes imposed or such other place as Landlord may designate, in lawful money measured on or by the income of Lessor from the operation of the United States Property or imposed in connection with any change of Americaownership of the Property; provided, however, that if at any time during the Rent Commencement Date shall occur on a date other than the first calendar day term of a monththis Lease, the rent present method of taxation or assessment shall be so changed that the whole or any part of the taxes, assessments, levies, impositions or charges now levied, assessed or imposed on real estate and the improvements thereof shall be discontinued and as a substitute therefor, or in lieu of an addition thereto, taxes, assessments, levies, impositions or charges shall be levied, assessed and/or imposed wholly or partially as a capital levy or otherwise on the rents received from the Property or the rents reserved herein or any part thereof, then such substitute or additional taxes, assessments, levies, impositions or charges, to the extent so levied, assessed or imposed, shall be deemed to be included within the operating expenses to the extent that such substitute or additional tax would be payable if the Property were the only property of the Lessor subject to such tax.
(B) In order to provide for current payments on account of an increase in the annual Operating Expenses in excess of $271,970.00 , the Tenant agrees, at Landlord’s request, to pay, as additional rent, Tenant’s Share due for the partial month ensuing twelve (12) months, as estimated by Landlord from time to time, in twelve (12) monthly installments, each in an amount equal to 1/12th of Tenant’s Share so estimated by Landlord commencing on the Rent Commencement Date first day of the month following the month, in which Landlord notifies Tenant of the amount of such estimated Tenant’s Share. If, as finally determined, Tenant’s Share shall be appropriately pro-rated greater than or be less than the aggregate of all installments so paid on account to the basis Landlord for such twelve (12) month period, then Tenant shall pay to Landlord the amount of such underpayment, or the Landlord shall credit Tenant for the amount of such overpayment, as the case may be. It is the intention hereunder to estimate the amount of Operating Expenses for each year and then to adjust such estimate in the following year based on actual Operating Expenses incurred and/or paid by Landlord. The obligation of the monthly rent payable during Tenant with respect to the first year payment of Rent shall survive the termination of this Lease. Any payment, refund, or credit made pursuant to this Paragraph (b) shall be made without prejudice to any right of the Tenant to dispute the statement under Paragraph (d) of this Section, or of the Landlord to correct, any item(s) as billed pursuant to the provisions hereof. If the term remaining is less than a full calendar year, then Tenant shall only owe the increase in the Operating Expenses for the full year appropriately adjusted for the period remaining in the Tenant’s Term.
(bC) Upon receipt of the Landlord’s statement, Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional increases in Rent and any other charges herein reserved pursuant to Paragraph (b) of this Section as and when the same shall become due and payable, without further demand therefortherefore, and without any set-off or deduction whatsoever. All Additional Failure to give such statement shall not constitute a waiver by Landlord of its right to require an increase in Rent and other charges payable hereunderpursuant to the provisions hereof.
(D) Within thirty (30) days after receipt of such statement, which are not due and payable on a monthly basis Tenant or its authorized employee shall have the right to inspect the books of Landlord at reasonable times during the Termbusiness hours of Landlord at Landlord’s office in the Building or, unless otherwise specified hereinat Landlord’s option, at such other location that Landlord may specify, for the purpose of verifying information in such statement. Unless Tenant asserts specific errors within thirty (30) days after delivery of such statement, the statement shall be due deemed to be correct. Such inspection or audit shall be conducted by Tenant or tenant’s employee or Tenant’s auditor; but in no event shall the audit be conducted by a third party whose compensation is contingent upon the results of such audit or the amount of any refund received by Tenant. Tenant hereby agrees to keep the results of any such audit confidential and payable within fifteen to require Tenant’s auditor and its employees and each of their respective attorneys and advisors to likewise keep the results of such audit in strictest confidence. In particular, but without limitation, Tenant agrees that: (15i) days Tenant shall not disclose the results of delivery by any such audit to any past, current, or prospective tenant of the Property, and (ii) Tenant shall require, that its auditors, attorneys and anyone associated with such parties shall not disclose the results of such audit to any past, current or prospective tenant in the Property; provided, however, that Landlord hereby agrees that nothing in items (i) or (ii) above shall preclude Tenant from disclosing the results of such audit in any judicial proceeding, or pursuant to Tenant of notice any court order or discovery request, or to pay any agent, representative, or employee or Landlord who or which request the same.
(cE) In No decrease in Operating Expenses shall reduce Tenant’s Rent below the event that any payment annual Base Rent set forth in Paragraph (a) of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaidthis Section.
(dF) All costs and expenses which Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord assumes or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated agrees to pay to Landlord pursuant to this Lease shall be deemed additional rent and, in the monthly Fixed Rent from event of non-payment thereof, Landlord shall have all the Commencement Date until the earlier rights and remedies herein provided for in case of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) non-payment of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)Rent.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Office Lease (Alimera Sciences Inc)
Rent. Lessee agrees to pay to Authority at its offices in Corpus Christi, Nueces County, Texas, Twelve Thousand Five Hundred and 00/100 Dollars (a$12,500.00) The rent reserved under this Lease for per month during the Term hereof shall of this Lease. The first monthly installment of rent hereunder is due and payable on or before the 10th day after the Effective Date. Rent for any fractional month at the beginning or end of the Term will be prorated on a per-day basis. Each monthly installment of rent is due and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on or before the first day of each and every calendar succeeding month during thereafter at the Term (subject offices of Authority in Corpus Christi, Nueces County, Texas. If Lessee should fail to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and pay Authority any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all sum to be paid by Lessee to Landlord Authority hereunder within thirty (30) days after such payment is due, interest on the unpaid amount shall accrue at its office stated abovea rate of fifteen percent (15%) per annum or the maximum rate allowed by law, whichever is greater, from the date payment was due until the date payment is made. Authority may also impose a late charge of Twenty-Five Dollars ($25.00) or five percent (5%) of the unpaid amount, whichever is greater, to defray Authority’s administrative costs incurred as a result of Lessee’s failure to timely make such payment or payments, the amount of such costs not being readily ascertainable. Any such late charge shall be in addition to all other place rights and remedies available to Authority hereunder or at law or in equity and shall not be construed as Landlord may designateliquidated damages or limiting Authority’s other remedies in any manner. Failure to pay such interest or late charge within thirty (30) days after written demand shall be an event of default hereunder. Following the dishonor of any check presented for payment, Authority shall have the right, at Authority’s option, to require all further payments to be made by cashier's check, money order or wire transfer. For purposes of this Section, any adjustment payment made by Lessee to correct a prior underpayment shall be treated as due on the date such underpayment was due; provided, however, an adjustment payment made by Lessee as the result of an independent audit conducted at Lessee’s expense shall not be subject to a late charge as described herein. Rent must be paid in lawful money legal tender of the United States of America; providedAmerica without notice, howeverdemand, that if the Rent Commencement Date shall occur on abatement, deduction or offset. This is a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoevernet Lease. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx Authority shall not be obligated required to pay to Landlord make any expenditure, incur any obligation, or incur any liability of any kind whatsoever in connection with this Lease unless provided for in this Lease Agreement or the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary financing, ownership, construction, reconstruction, maintenance, operation, or final) of occupancy has been issued by appropriate governmental authority permitting occupancy repair of the Demised Premises, Leased Premises or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.improvements thereon
Appears in 1 contract
Samples: Lease Agreement
Rent. In consideration of the grant of lease agreed herein, the Lessee/s undertakes to pay the Lessor a monthly rent of __________________________________________ EURO (a) The rent reserved under this Lease for the Term hereof €______), payable monthly in advance hereinafter referred to as “RENT”, which shall be payable with effect from the Commencement Date. The entire monthly Rent shall be paid in one lump sum by the Lessee/s starting from the date stated in section 2.1.. Each month’s Rent shall be pre-paid by the Lessee/s by no later than the due date via a monthly standing order accrediting the Lessor’s bank account as per below: Beneficiary: Bank IBAN: Or in cash. The Rent amount shall not change should any number of Lessees leave the Property during the rent period. The Lessee’s shall inform the Lessor one (1) month in advance should any number of Lessees decide to leave during the rental period. No additional or other Lessees may enter the Agreement during the continuation of the said Agreement. Therefore, from the commencement of the said agreement up until the termination, the lease shall be with the individuals who have entered the said agreement, saving any lessees/s who would give notice in accordance with the preceding clause, however no new lessees/shall enter in the agreement. This unless agreed otherwise with the Lessor in writing. Following the lapse of the period of twelve (12) months calculated from the Commencement Date, the Lessor has the right to increase the Rent for every subsequent twelve month period in proportion to the yearly adjustment of the Property Price Index (PPI), published by the National Statistics Office when compared with that of the immediate preceding year, provided that such increase shall not exceed the Rent paid in the immediate preceding year by more than five per cent (5%), as established by law, and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day terms of each and every calendar month during the Term (subject to Paragraphs (e) and (f) Article 3.1 of this Paragraph 2); plus (b) such additional rent (“Additional Agreement shall increase accordingly. In the event that the Lessee/s fails to pay punctually the established monthly Rent”) in , the Lessor shall have the unilateral right to retain an amount equal to Tenantof one (1) month’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to Rent from the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofsecurity deposit left by the Lessee/s, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, so however, that if the Rent Commencement Date shall occur on a date Lessor may still proceed against the Lessee/s to collect any other than amount due by the first calendar day Lessee/s. Provided further that the Lessor reserves the right to demand the termination of a month, the rent this Agreement in terms of law for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly failure to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when only after having called upon the same shall become due and payable, without demand thereforLessee/s by means of a judicial or registered letter, and without any set-off or deduction whatsoever. All Additional the Lessee/s notwithstanding such notification, fails to pay the said Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery from notification, as provided for by Landlord to Tenant of notice to pay the samelaw.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Long Private Residential Lease
Rent. To the extent that the Existing Lessor has received (a) The rent reserved under this Lease for the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advanceor, on the first day next scheduled date for payment of each and every calendar month during the Term (subject to Paragraphs (e[Rent], does receive) and (f) from Lessee any amount of this Paragraph 2); plus (b) such additional rent (“Additional [Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be ] payable by Lessee pursuant to the terms of this Lease and all charges that is referable to any period after the Effective Time, Existing Lessor shall arrange for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all such [Rent] to be paid to Landlord the New Lessor at its office stated above, or as soon as reasonably practicable after the Effective Time and such other place as Landlord may designate, in lawful money of payment shall discharge pro tanto and without penalty the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly Lessee's obligation to pay the Fixed New Lessor for the relevant period. To the extent that the New Lessor has received (or, on the next scheduled date for payment of [Rent], Additional Rent does receive) from Lessee any amount of [Rent] payable by Lessee pursuant to the Lease that is referable to any period prior to the Effective Time, the New Lessor shall arrange for such [Rent] to be paid to the Existing Lessor as soon as reasonably practicable after the Effective Time and such payment shall discharge pro tanto and without penalty the Lessee's obligation to pay the Existing Lessor for the relevant period. [With effect from the Effective Time, the current balance of the [Security Deposit] and the [Supplemental Rent] (in each case in the amounts set forth in the Effective Time Notice) shall be transferred in full to the New Lessor. Each party hereto agrees that with effect from the Effective Time [and subject to Clause 5.2.2 below], any claim by the Lessee for reimbursement of the [Security Deposit] or payment of [any maintenance contribution10] shall be made only against the New Lessor, and the New Lessor hereby expressly confirms that it shall assume such obligations with effect from the Effective Time.11] [To the extent that the Novated Lease sets out any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off lessor maintenance or deduction whatsoever. All Additional Rent and other charges payable hereunder, similar reimbursement obligations which are not due and payable on passed in their entirety to New Lessor, a monthly basis during the Term, unless otherwise specified herein, shall section to be due and payable within fifteen (15) days of delivery by Landlord added to Tenant of notice to pay the sameclearly state who assumes responsibility for those matters.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.]
Appears in 1 contract
Rent. (a) The fixed rent reserved under this Lease for the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, advance on the first day of each and every calendar month during the Term term commencing on the Commencement Date (subject to Paragraphs (e) and (f) of this Paragraph 2)except that Tenant shall pay the first monthly installment on the execution hereof; plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent additional rent and other charges shall be payable as hereinafter provided, ; all to of which shall be paid to Landlord at its office stated aboveLandlord’s address, or at such other place or to such other person as Landlord may designate, in lawful money of the United States of America; provided, howeverFixed rent, that if the Rent Commencement Date shall occur on a date additional rent and other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Termcharges hereunder are sometimes collectively referred to herein as “Rent”.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges rent herein reserved as and when the same shall become due and payable, without demand therefor, therefore and without any set-off or deduction whatsoever. All Additional Rent , and other charges payable hereunderto keep and perform, which are not due and payable permit no violation of, each and every one of the covenants, agreements, terms, provisions and conditions herein contained on a monthly basis during the Term, unless otherwise specified herein, shall part and on behalf of Tenant to be due kept and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the sameperformed.
(c) In Landlord reserves the event that any payment right to require Tenant to pay as additional rent hereunder, a “late charge” equal to ten (10%) percent of Fixed Rentthe monthly payment, Additional Rent or any other charges shall be paid on all payments of rent hereunder which are made more than five (5) days after the due date thereof. In the event Tenant fails or refuses to pay rent hereunder and Landlord institutes suit for the collection of same provided hereinor for possession. Tenant agrees to reimburse Landlord, Tenant shall payas additional rent hereunder; for all reasonable expenses incurred by Landlord in connection therewith, together with such paymentincluding, but not limited to, reasonable attorney’s fees. In the event of a suit for collection, the Late Charge and Landlord shall be entitled to interest at 12% per annum for such unpaid amount for the period thereafter that such payment rate of sixteen (16%) percent provided, however, in no event shall remain unpaidthe interest rate exceed the maximum permitted by law.
(d) Whenever in this Lease Tenant may is required to pay the Fixed Rent, Additional Rent and any additional rent or other charges herein reserved by wire transfer to Landlord, Landlord shall have all remedies for the collection thereof that it may have for the nonpayment of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bankfixed rent hereunder.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0If, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier by reason of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy any of the Demised Premisesprovisions of this Lease, or (ii) March 1, 2001 (The obligation of Tenant to commence the “Rent Commencement Date”).
(f) Notwithstanding anything to payment of rent under this Lease shall be on any day other than the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion first day of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per a calendar month, for the third rent or such calendar month shall be prorated based upon one’ thirtieth (3rd), fourth (4th), eighth (8th1/30th) and ninth (9th) months after the Rent Commencement Datethereof per diem.
Appears in 1 contract
Samples: Lease Agreement (Tangoe Inc)
Rent. (a) The Lessee shall pay Lessor rent reserved under this Lease for the Premises as follows: ----
A. During the Term hereof of the Lease, Lessee shall be and consist pay to the Lessor basic rent in lawful money of (a) the Fixed Rent payable United States, in equal monthly installments of Eleven Thousand Six Hundred Sixty-Six Dollars and Sixty Seven Cents($11,666.67) in advance, on the first day of each month. If the first day of the Term is other than the beginning of a calendar month, the basic rent for the first month shall be prorated.
B. All Rent shall be payable at Lessor's place of business or at such other place as Lessor may designate in writing.
C. As additional rent, it is the intention of the Lessor and every calendar month the Lessee that the rent herein specified shall be net to the Lessor in each year during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as , that all costs, expenses, taxes, charges and obligations of every kind relating to the Premises, including, but not limited to the costs of maintaining and repairing the Premises, which may arise or become due during the Term of this Lease shall be payable pursuant paid by the Lessee, and that the Lessor shall be indemnified by the Lessee against such costs, taxes, expenses, charges and other obligations.
D. All taxes, charges, costs, expenses and other obligations which the Lessee is required to pay hereunder, together with all interest and penalties that may accrue thereon in the event of the Lessee's failure to pay such amounts when due, and all damages, costs, and expenses which the Lessor may incur by reason of any default of the Lessee or failure on the Lessee's part to comply with the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified hereinLease, shall be due deemed to be additional rent, and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In in the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after nonpayment by the due date for same provided herein, Tenant shall pay, together with such paymentLessee, the Late Charge Lessor shall have all the rights and interest at 12% per annum for such unpaid amount remedies with respect thereto as the Lessor has for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy nonpayment of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)basic rent.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. 4.1 For the use and occupancy of the Leased Premises herein granted, Tenant contracts to pay to City, throughout the Term of this Agreement and any extension option periods, payments (collectively, the “Rent“) as follows:
(a) The rent reserved under this Lease During the Development Period, Tenant shall make payments to City of One and No/100 Dollars ($1.00) per year for the Term hereof shall be and consist of Leased Premises.
(ab) the Fixed Rent payable in equal monthly installments in advance, on Commencing upon the first day after the end of each the Development Period or September 1, 2017, whichever is earlier, and every calendar month during expiring on the Term (subject to Paragraphs (e) and (f) last date of the term of this Paragraph 2); plus Agreement (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable extended pursuant to the terms of this Lease Agreement or as otherwise agreed to by the parties)) (the “Operating Period”), Tenant shall make payments to City in the amounts shown on Exhibit “E” attached hereto and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of Americaincorporated herein by reference; provided, provided however, that if the City fails to vacate the Leased Premises by February 15, 2015, then the September 1st date shall be extended by the same number of days past February 15, 2015 that it takes the City to vacate the Leased Premises .
4.2 The first rental payment shall be due upon execution of this Agreement. After that, all payments shall be payable in advance on January 1st of each year, without notice or demand, at the office of the City Manager or at such other offices as may be directed in writing by City. If Rent Commencement Date shall occur on payments are not received by January 1st of each year, City may notify Tenant in writing of the delinquency.
4.3 This Agreement is a date net lease, and Rent and all other than the first calendar day of amounts due hereunder will be paid by Tenant, unless expressly provided otherwise in this Agreement, without notice, demand, counterclaim, set off, deduction, defense, abatement or reduction. It is expressly understood and agreed that this is a month, the rent for the partial month commencing on completely net lease intended to assure City the Rent Commencement Date shall be appropriately pro-rated payments herein reserved on the basis of the monthly rent payable during the first year of the Term.
(b) an absolutely net basis. Tenant does hereby covenant acknowledges and agree promptly agrees that City and Tenant have expressly negotiated that Tenant’s covenants to pay the Fixed RentRent under this Agreement are separate and independent from City’s obligations hereunder, Additional Rent or the occurrence of any event, occurrence or situation during the Agreement term, whether foreseen or unforeseen and any other charges herein reserved as and when howsoever extraordinary or beyond the same shall become due and payable, without demand thereforcontemplation of the parties, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable had the parties not mutually agreed upon the independent nature of Tenant’s covenants to pay rent hereunder, which are not due and payable on City would have required a monthly basis during the Termgreater amount of Rent in order to enter into this Agreement. AS SUCH, unless otherwise specified hereinTENANT WAIVES ANY RIGHT NOW OR HEREAFTER CONFERRED UPON IT AT LAW OR IN EQUITY TO ANY ABATEMENT, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the sameDEDUCTION, SUSPENSION, DEFERMENT, DIMINUTION OR REDUCTION, OR SET-OFF OR DEFENSE AGAINST ANY RENT PAYMENTS AND ANY OTHER SUMS FOR WHICH TENANT IS OBLIGATED UNDER THIS AGREEMENT ON ACCOUNT OF SUCH EVENT, HAPPENING, OCCURRENCE OR SITUATION.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Ground Lease
Rent. Tenant agrees and covenants to pay Landlord an annual fixed rent in the amount of $60,000.00 per year (a) The rent reserved under this Lease for “Base Rent”), commencing on the Term hereof Commencement Date. Base Rent shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, without demand, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) in equal monthly installments of $2,500.00 and (f) shall not be increased, abated or diminished except as set forth herein. Beginning on January 1, 2026 and each January 1 of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first each year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis thereafter during the Term, unless otherwise specified herein, the amount of Base Rent which shall be due paid during each calendar year shall be increased above the preceding year’s Base Rent by 1.5%. If the Commencement Date is not the first day of a calendar month, the first month’s Base Rent shall be prorated, and shall be payable within fifteen (15) days on the Commencement Date. In addition, Base Rent for the first full month of delivery by the Term shall be payable on the Commencement Date. Tenant shall also pay to Landlord such “Additional Rent” as described in Article 12 hereof. The Base Rent and the Additional Rent are hereinafter collectively referred to Tenant of notice to pay as the same“Rent.
(c) ” In the event that Tenant fails to make any payment of Fixed Rent within five (5) days after the same becomes due, then in addition to all rights, powers and remedies provided herein, by law or otherwise in the case of nonpayment of Rent, Additional Landlord shall be entitled to recover from Tenant and Xxxxxx agrees to pay to Landlord, on demand, a late payment charge equal to $250.00. This is a net lease and the Rent or any other charges shall be paid after the due date for same without notice, demand, setoff, counterclaim, deduction or defense and, except as otherwise expressly provided herein, without abatement or suspension. It is the intention of the parties hereto that the obligations of Tenant hereunder shall paybe separate and independent covenants and agreements, together with that the Rent shall continue to be payable in all events and that the obligations of Tenant hereunder shall continue unaffected, except as otherwise expressly provided herein. It is the purpose and intent of Landlord and Tenant that the Rent payable under this Lease be absolutely net to Landlord, such payment, that this Lease shall yield (on an absolute net basis) the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Base Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained specified in this Xxxxxxxxx 0Lease for each year of this Lease (prorated, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premisesas applicable, or (ii) March 1, 2001 (the “Rent Commencement Date”for any partial year).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (ETHEMA HEALTH Corp)
Rent. Lessee shall pay to Lessor as rent for each item of ---- Equipment during the applicable Term, on each Rent Payment Date (a) The rent reserved as defined in the Schedule), the amount specified under this "Lease for Rental Payments" in the Term hereof Schedule (hereinafter referred to as "Rent"). If any amount due hereunder is not paid, within five days of its due date, Lessee shall pay to Lessor, on demand, a reasonable late charge in the amount of 5% of such overdue amount and interest on such overdue amount at the rate of 2% per month (the "Late Payment Rate"); such late charge and interest shall apply only if permitted by applicable law, and if not so permitted, such late charge and interest shall be calculated at the maximum rates permitted by applicable law. All payments of Rent and consist other amounts payable by Lessee to Lessor hereunder shall be made at the office of Lessor specified under "Xxxxxx's Address" in the Schedule, or to such other person, firm or corporation or Assignee (a) the Fixed Rent payable as defined in equal monthly installments in advanceSection 20, on the first day of each and every calendar month during the Term (subject to Paragraphs (e"Assignment by Lessor") and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord Lessor or Assignee, as the case may designatebe, may from time to time designate in lawful money of writing to Lessee. Notwithstanding any provisions hereof to the United States of America; providedcontrary, howeverand payment, that if the Rent Commencement Date shall occur including Rent, required under this Lease which is due on a date other than day which is not a business day shall be made on the first calendar business day of a month, next preceding the rent day on which such payment is due. This Lease is non-cancellable and irrevocable for the partial month commencing on entire term set forth in the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly Schedule. Xxxxxx's obligation to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent all rentals and other charges amounts payable hereunder, which hereunder are not due absolute and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due unconditional and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated subject to pay any abatement, reduction, setoff, defense, counterclaim or recoupment for any reason whatsoever, including but not limited to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy Lessee's right to possession of the Demised Premises, Equipment being terminated or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet Lessor retaking possession of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement DateEquipment because of a default by Lessee hereunder.
Appears in 1 contract
Rent. (a) The 5.1. Monthly rent reserved under this that the Tenant shall pay to the Landlord during the first Term of Lease within its meaning hereinabove shall be the monthly rent as specified hereinabove. Statutory VAT shall be added to the said rent.
5.2. In addition to the Rent, the Tenant shall make additional payment for the Term hereof parking spaces, within their meaning hereinabove. The additional Parking Payment shall be paid together with the monthly rent and consist all terms set forth with regard to the monthly rent shall also apply to the additional Parking Payment.
5.3. At the time of (a) signing this Agreement the Fixed Tenant shall furnish to the Landlord postdated checks for the entire Term of Lease in a manner that 7 days before commencement of each term of payment, within its meaning hereinabove, a check shall be repaid for each term of payment. The first check shall be a cash check as of the date of signing this Agreement. Two months prior to commencement of each Option Term, and to the extent that no notice was delivered regarding termination of lease, the Tenant shall furnish to the Landlord new checks in respect of the additional term, in accordance with the provisions set forth hereinabove, otherwise its right to exercise the option shall expire.
5.4. Rent payable shall be paid in equal monthly installments new Israeli shekels and shall be linked to the index in advancea manner that upon expiration of the Term of Lease and upon expiration of each Option Term the Tenant shall pay to the Landlord the difference between linkage of each payment to the Basic Index and the Known Index, within their meaning hereinabove. In any event of delay in payment, for any reason that is contingent on the Tenant, the Tenant shall make payment according to the index known on the payment date applicable in accordance with this Agreement, or on the date of payment – upon the higher.
5.5. In the event the Tenant vacated the Leased Premises for any reason prior to expiration of the first Term of Lease, or in the middle of an Option Term, the Tenant shall be obligated to pay rent for the entire Term of Lease and/or Option Term.
5.6. Without derogating from for any relief and/or remedy that Landlord may seek in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law then any default in payment of any amount shall incur 1.5% interest per month.
5.7. A one-time default in payment for a period of up to 7 days shall not grant interest to the Landlord as said. Default in payment for a period that is longer than 7 days shall entitle the Landlord with interest in arrears as of the first day of each default and every calendar month during the Term (subject to Paragraphs (e) and (f) until payment is made.
5.8. A default in payment for a period of 14 days shall constitute a fundamental breach of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofAgreement, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to in such circumstances the Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay deliver to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy Tenant any additional notice prior to termination of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)Agreement.
(f) Notwithstanding anything to the contrary contained 5.9. The said in this Xxxxxxxxx 0sub-clause shall not derogate or affect the provisions set forth in clause 16 hereunder. Interest shall be deemed as rent.
5.10. To dispel any doubt, Xxxxxx furnishing the checks shall not be obligated to pay to Landlord deemed as payment however only 3 days after their cashing on the portion of monthly Fixed dates designated for that purpose. Rent attributable to 22,417 rentable square feet shall be paid in the address of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for Landlord or shall be deposited in the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after Landlord’s bank account in accordance with the Rent Commencement Dateinstructions set forth by the Landlord.
Appears in 1 contract
Rent. (a) 3.1. The rent reserved ("Rent") payable during the Term under this Lease for the Term hereof shall be and consist of the following:
(a) the Fixed Rent payable Base Rent, as defined in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus Schedule C hereto.
(b) such additional rent (“"Additional Rent”") in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of any and all other sums payable by Lessee to Lessor under this Lease) .
3.2. Except as may be payable pursuant to the terms of otherwise specifically provided in this Lease (a) all payments of Base Rent shall be in equal monthly installments and all charges for services and utilities pursuant shall be made in advance on the first (1st) day of each month during the Term, without notice (provided that if the amount of Base Rent is required to Paragraph 15 be calculated by Lessor in accordance with Schedule C hereof, and any other charges as then Lessor shall become due and payable hereundergive Lessee prior written notice of such calculation, which notice shall include an explanation of the basis for such calculation and reasonable backup documentation relating thereto), and (b) all payments of Additional Rent shall be made within 30 days after written notice from Lessor, in each case by check payable as hereinafter providedto the order of "UNISYS CORPORATION" and addressed to Unisys Corporation, all to be paid to Landlord at its office stated aboveP.O. Box 000, Xxxx Xxxx, Xennsylvania 19424-0000, Xxxxxxxxx: Xxsbxxxxxxxx & Xxxxxxx Xxxx., or to such other person or at such other place as Landlord Lessor may designatefrom time to time designate in writing.
3.3. Lessee shall pay all Rent when due, in lawful money of the United States which shall be legal tender for the payment of Americaall debts, public and private, at the time of payment. All sums due and payable by Lessor or Lessee pursuant to the terms of this Lease that are not paid within five (5) days of the due date therefor shall from and after the due date bear interest at an annual percentage rate of ten percent (10%). All interest accrued and payable by Lessee under this subsection as hereinabove provided shall be deemed to be Additional Rent payable hereunder and due at such time or times as the rent with respect to which such interest shall have accrued shall be payable under this Lease.
3.4. Lessee agrees to pay, an Additional Rent, any revenue tax or charge, occupancy tax, business privilege tax, business use tax or any other tax that may be levied against the Demised Premises or Lessee's use or occupancy thereof during the Term; provided, however, that if in no event shall Lessee be obligated to pay any income tax that is imposed upon and/or payable by Lessor, and provided further that payments made by Lessee pursuant to this Section 3.4 shall not be duplicative of amounts paid by Lessee pursuant to any other provision of this Lease.
3.5. In the event that Lessee shall dispute any calculation of Rent Commencement Date charged to Lessee by Lessor, then Lessee shall occur on send to Lessor a date other than written notice, within 30 days of receipt by Lessee of such charge, setting forth the first calendar day basis for Lessee's dispute. Lessor and Lessee shall thereupon use reasonable and good faith efforts to resolve such dispute. If the parties are unable to resolve such dispute within 30 days after submission by Lessee of a monthits dispute notice, then the rent for parties shall designate an independent certified public accountant mutually acceptable to both parties (the partial month commencing on "Independent Accountant") to resolve such dispute and the Rent Commencement Date fees and charges of the Independent Accountant shall be appropriately pro-rated on shared equally by the basis parties. Both parties shall provide the Independent Accountant with all information reasonably requested by the Independent Accountant in connection with its review of such dispute, and both parties shall request that the Independent Accountant complete its work expeditiously and issue a written report to both parties setting forth its determination. The written determination of the monthly rent payable during Independent Accountant shall be final and shall be binding upon both Lessor and Lessee. All disputes to be resolved pursuant to this Section 3.5 shall be so resolved in accordance with the first year of the Termprinciples and standards set forth in Section 3.6 below.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed 3.6. All calculations by Lessor of Base Rent, Additional Rent and any other charges herein reserved as and when the same amounts that are payable by Lessee hereunder shall become due and payable, without demand thereforbe made in accordance with Lessor's past practices during calendar year 1994 with respect to Defense Systems, and without any set-off or deduction whatsoever. All Additional Rent all charges and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord allocations relating to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate all accounting practices utilized by Lessor with respect to amounts charged to Lessee under this Lease (temporary or finalincluding the capitalization, amortization and expensing of costs incurred and funds expended) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)shall also be made in such manner.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (L 3 Communications Corp)
Rent. (a) The rent reserved under this Lease for the Term hereof shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, Commencing on the first Effective Date, Lessee covenants to pay to the Lessor the following monthly rent payments (collectively, the "Rental Obligations"): twenty-four (24) consecutive monthly rent payments in the amount of Fifteen Thousand Eight Hundred and 00/100 Dollars ($15,800.00) each (singularly and collectively, the "Rent") payable on August 8, 2015 and continuing on the eighth (8th) day of each and every calendar month during thereafter, with a final payment due on July 8, 2017. Lessee shall pay to Lessor a security deposit in the Term amount of $15,800.00 (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (the “Additional RentSecurity Deposit”) in an amount equal which shall be held by Lessor as security for repayment of the Rental Obligations. If Lessor shall apply the Security Deposit from time to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant time to the terms Rental Obligations, Lessee shall immediately replenish the amount of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofthe Security Deposit so applied, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all Lessee grants to be paid to Landlord at its office stated above, or such other place as Landlord may designate, Lessor a security interest in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the TermSecurity Deposit.
(b) Tenant does hereby covenant and agree promptly Rent shall be due whether or not Lessee has received any notice that such payments are due. If Lessee fails to pay within two (2) business days of the Fixed Rentdue date, Additional any Rent or other amount required to be paid to Lessor under this Lease, Lessee shall pay to Lessor a service charge of an additional five (5.0%) percent of any Rent payment or other payment not received by Lessor each thirty (30) days thereafter said payment has not been paid, which service charge shall be payable on the next monthly payment date or on demand, plus interest on such delinquent obligation or other amounts from the due date thereof until paid at a rate equal to twenty two (22.0%) percent per annum (the “Default Rate”). It is expressly understood and agreed by Lessee that failure to make timely payment of any Rent payment or other sum required to be paid by Lessee hereunder within two (2) business days following its due date shall constitute an Event of Default hereunder, and that Lessor may, at Lessor's sole option, accelerate the entire Rental Obligations for the entire balance of the remaining Term and any other charges herein reserved as and when amounts owing hereunder without further notice to Lessee, such that the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, above referenced Default Rate of interest shall be due and payable within fifteen applied against the entire outstanding balance of the obligations owing by Lessee to Lessor under this Lease. Lessor's notice of a payment default under this subsection (15b) days of delivery and/or under Section 10 may be sent by Landlord Lessor to Tenant of notice to pay Lessee by email in the sameform attached hereto as "Exhibit B".
(c) In the event Lessee covenants to Lessor that any payment Lessee shall also pay and shall discharge when due all charges, levees and other obligations of Fixed RentLessee, Additional Rent or any other charges shall be paid after the due date for same provided hereinincluding but not limited to, Tenant shall pay, together with such payment, the Late Charge personal property taxes and interest at 12% per annum for such unpaid amount annual license fees for the period thereafter that use and operation of the Assets, arising hereunder and pursuant hereto. Lessee shall deliver to Lessor copies of paid receipts for all such payment shall remain unpaidobligations.
(d) Tenant may pay the Fixed Rent, Additional All Rent and any other charges herein reserved shall be paid by wire transfer of immediately available federal funds Lessee to Lessor at its address set forth in this Lease or as otherwise directed by Landlord or by check Lessor in writing. Lessor and Lessee acknowledge and agree that as of the Effective Date, all accounts payable due to Lessee are required to be paid to an account (subject the “Lockbox Arrangement”) held at American Chartered Bank with account number 00000000 (“Lockbox Account”) under the exclusive control of Lessor. So long as the Lockbox Arrangement remains in place, Lessee hereby directs the holder of the Lockbox Account to collection) drawn on pay to Lessor from the Lockbox Account all amounts due and owing to the Lessor under this Lease. Upon Lessor’s request, Lessee will sign a New York Clearinghouse Association member bankwritten direction confirming such direction.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy Any installment of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything Rental Obligations that is returned for insufficient funds shall be subject to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion a charge of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two Fifty and 50/100 No/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th50.00) and ninth (9th) months after the Rent Commencement Dateall service charges and default interest rates shall apply.
Appears in 1 contract
Rent. (a) The rent reserved under this Lease Lessee shall pay directly to the Trustee on behalf of the Lessor, in Federal or other immediately available funds, Rent for the Term hereof demised premises in an amount equal to $_________ per month, provided, however, that such Rent shall never be less than an amount equal to the interest, principal, and consist of (a) premium, if any, which may be due on the Fixed Rent payable in equal monthly installments in advance, Bonds on such date on the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant term hereof, commencing November 1, 1985. The Lessee shall also pay to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and Trustee any other charges as shall amounts which will become due and payable hereunder, which Additional to the Issuer or the Trustee with respect to the Bonds on such date. The Lessee shall also pay any applicable State of Florida sales tax on the amount of such Rent. The Rent shall be payable as hereinafter provided, all adjusted yearly to be paid to Landlord at its office stated above, or such other place as Landlord may designatetake into effect changes in the Consumer Price Index. Such adjustment may, in lawful money the sole discretion of the United States of America; providedLessor, howeverbe waived, that if but any such waiver shall not prevent the Lessor from subsequently including any amount waived in a subsequent adjustment. The Rent Commencement Date shall occur on a date other than not be reduced in the first calendar day event of a month, decline in the rent for Consumer Price Index. Lessee's obligation to pay Rent shall be adjusted to take into account funds on deposit in the partial month commencing Bond Fund and available to pay interest on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the TermBonds.
(b) Tenant does hereby covenant and agree promptly Rental payments have been calculated on the basis of providing funds sufficient to pay the Fixed Rentprincipal of, Additional Rent interest on, and premiums, if any, with respect to the Bonds as the same mature and come due and to pay for any other charges herein reserved as and when the same shall amounts which may become due and payablepayable to the Issuer or the Trustee under the Loan Agreement and the Indenture. The Lessee recognizes, without demand thereforunderstands and acknowledges that it is the intention of the parties that all the Rent be available for the purposes aforesaid. All Rent payments made by the Lessee to the Trustee in excess of the foregoing amounts shall be considered paid for the benefit of the Lessor. This Lease shall be construed to effectuate this intent. The payments in the amounts set forth above shall be made irrespective of any breach or any failure of compliance by the Lessor with any requirement of this Lease. Rent shall be promptly made as hereinabove set forth, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not so paid promptly on the date when due and payable on a monthly basis during shall bear interest at the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay Default Rate as defined in the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after Loan Agreement from the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaidthereof until paid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. (a) The rent reserved under this Lease Lessee shall pay to Agent Rent and the Facility Fee quarterly in arrears on the 25th day of the third month in the current calendar quarter. If Agent shall not receive payment of Rent or the Facility Fee when due hereunder, Lessee shall pay a late payment charge to Agent, on behalf of the Lessor Parties, on such late payment at a rate equal to the Tranche B Percentage Rental Factor (as provided in Subsection 1(ii)(3)) plus 2% per annum (but in no event shall such rate be greater than that rate permitted by applicable law) for the Term hereof period during which such late payment remains due and unpaid. Lessee shall pay all amounts due to Agent, on behalf of the Lessor Parties, hereunder as one payment each quarter. Invoices from Agent shall be rendered within a reasonable period of time after the Rent and consist the Facility Fee can be determined. Such invoices shall cover the computation of (a) Rent and the Fixed Facility Fee and other payments due hereunder for the calendar quarter, adjustments to the preceding calendar quarter's Rent payable in equal monthly installments in advanceresulting from commencement or termination of the lease of any Equipment during such calendar quarter and other appropriate items, on if any. All payments of Rent and the first day of each Facility Fee and every calendar month during the Term (subject all other payments made by Lessee to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable Agent pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as Master Leasing Agreement shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated aboveAgent, or such other place as Landlord may designateon behalf of the Lessor Parties, in lawful money of the United States in immediately available funds by wire transfer to Agent's Account No. 3846-9701 at Citibank, N.A., 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. If the date for the payment or determination of America; provided, however, that if Rent and the Rent Commencement Date Facility Fee shall not occur on a date other than the first calendar day of a monthwhen banks in New York, the rent New York are generally open for the partial month commencing business ("BUSINESS DAY"), such payment shall be due and such determination shall be made on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Termimmediately preceding Business Day.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional All payments in respect of Rent and any other Facility Fees payable pursuant to this Section 5 shall be paid by Agent to the Lessor Parties one (1) Business Day after receipt of such amounts from Lessee and shall be allocated among the Lessor Parties entitled thereto as follows:
(i) an amount equal to the sum of (A) 86% of that portion of the Rent payment which is paid in respect of the Facility Fee and the Quarterly Amortization Figures for Hardware Equipment and 100% of that portion of the Rent payment which is paid in respect of the Quarterly Amortization Figures for Software Equipment plus (B) all Tranche A Rent included in the Rent payment and all late fees or charges herein reserved in respect of Tranche A Rent shall be allocated among the Lessor Parties as are entitled thereto, in proportion to their respective Tranche A Percentages; and
(ii) an amount equal to the sum of (A) 14% of that portion of the Rent payment which is paid in respect of Quarterly Amortization Figures for Hardware Equipment and when the same Facility Fee plus (B) all Tranche B Rent included in the Rent payment and all late fees or charges in respect of Tranche B Rent shall become due be allocated among the Lessor Parties as are entitled thereto, in proportion to their respective Tranche B Percentages, provided that (1) until the Termination Notice Date (or, if notice of termination is delivered on the Termination Notice Date in accordance with Section 10, until the expiration of the Non-Cancelable Term and payablethe application by Agent of the sale proceeds of the Equipment), without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, all Lessee payments received by Agent in respect of Quarterly Amortization Figures which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, allocable under this Section 5(b)(ii) to Lessor Parties in accordance with their Tranche B Percentages shall be due retained by Agent in escrow in a separate account at Citibank, N.A. designated for that purpose and payable within fifteen (152) days if no notice of delivery termination is delivered on the Termination Notice Date, the Tranche B Escrow Amount then held by Landlord Agent shall be allocated among the Lessor Parties in proportion to Tenant of notice to pay the sametheir respective Tranche B Percentages.
(c) In The Lessor Parties hereby agree that Agent shall have the event that right to invest the Tranche B Escrow Amount in Permitted Investments. Agent shall pay all interest earned by the Tranche B Escrow Amount to CBL quarterly to reimburse CBL for amounts paid to the other Lessor Parties holding Tranche B Commitments pursuant to any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaidletter agreement related thereto.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved All payments due to Agent from Lessee under this Master Leasing Agreement shall be paid to Agent by 11:00 AM Eastern Time via wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that due. Any such payments received by Agent after 11:00 AM Eastern Time shall be treated as having been received by Agent on the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)next succeeding Business Day.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. (a) The Tenant agrees to pay to Landlord all rent reserved due under this Lease ---- in accordance with the provisions of this Lease and as following:
(i) Tenant shall pay to Landlord, rent at the annual rate of $214,344 (the monthly rate of $17,862) for the Term hereof period commencing on the Commencement Date and ending on the day immediately preceding the first anniversary of the Commencement Date, for the Leased Space, ("Annual Base Rent"); and
(ii) beginning with the first anniversary of the Commencement Date and on each anniversary thereafter throughout the balance of the Term, the Annual Base Rent shall be increased by a factor of two and consist of five tenths (a2.5%) percent; and
(iii) The Annual Base Rent shall be payable by Tenant beginning on the Fixed Rent payable Commencement Date in equal monthly installments equal to one- twelfth the Annual Base Rent ("Monthly Fixed Rent") in advance, advance on the first day of each and every calendar month during month, at the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord Landlord's address set forth above or at its office stated above, or such other place as Landlord may designatedirect Tenant by written notice; and, in lawful money of except as expressly otherwise provided herein, shall be payable without prior notice or demand, and without any set-off, deduction or counterclaim whatsoever. If the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date Term commences other than on the first calendar day of a month or ends other than on the last day of a month, the rent Monthly Fixed Rent for the partial such month commencing on the Rent Commencement Date shall be appropriately pro-rated on prorated. The first installment of Monthly Fixed Rent shall be paid at the basis time of execution of this Lease.
(a) Tenant shall also pay to Landlord, as additional rent hereunder, the monthly rent payable during the first year "Rent Adjustments" provided for in Section 5 of the Termthis Lease.
(b) All sums payable by Tenant does hereby covenant under this Lease, whether or not stated to be Annual Base Rent or additional rent, are included in and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and deemed to be "Rent" payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)under this Lease.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Rent. Sublessee covenants and agrees to pay to Sublessor during the Sublease Term, without any right of offset or counterclaim, fixed triple net base rent in the amount of One Hundred Ninety-three Thousand Three Hundred Ninety-two and No1100 Dollars (a$193,392.00) The rent reserved under this Lease for the Term hereof shall be and consist of (a) the Fixed Rent per annum, payable in equal monthly installments of Sixteen Thousand One Hundred Sixteen and No/100 Dollars ($16,116.00) each for the Subleased Premises; provided, however, that no rent shall be due for the first thirty (30) days of the Sublease Term (the “Free Rent Period”). The day after the end of the Free Rent Period is referred to herein as the “Rent Commencement Date”, The first installment of rent for the period following the Rent Commencement Date, in advancethe amount of $16,116.00, shall be delivered to Sublessor upon Sublessee’s execution of this Sublease, with subsequent payments of rent being due and payable without notice or demand on or before the first day of each calendar month throughout the Sublease Term. Rent for the first month of the Sublease Term following the end of the Free Rent Period shall be prorated to the extent that the Sublease Term does not begin on the first day of each and every a calendar month during the Term (subject to Paragraphs (e) and (f) month. For example, upon execution of this Paragraph 2); plus (b) such additional Sublease, Sublessee shall pay first installment of rent (“Additional Rent”) for the period following the Rent Commencement Date, in an the amount equal of $16,116.00. If the Commencement Date were to Tenant’s Proportionate Share be March 15, 2016, then the Rent Commencement Date would be April 14, 2016, A portion of Expenses (as such terms are defined in Paragraph 3 the initial rent payment of this Lease) as may $16,116.00 would be payable pursuant applied to the terms of this Lease and all charges for services and utilities pursuant period from April 14 through April 30, the balance would be credited to Paragraph 15 hereofthe rent due in May, and any other charges as Sublessee would pay on May 1, 2015, the balance due for the month of May. All such payments shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, Sublessor in lawful money of the United States of America; provided, however, that if America at the Rent Commencement Date shall occur on address of Sublessor shown herein or to such other party or at such other place as Sublessor may designate from time to time in a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of written notice to pay the same.
(c) Sublessee. In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything addition to the contrary contained in this Xxxxxxxxx 0base rent provided for above, Xxxxxx shall not be obligated Sublessee agrees to pay to Landlord Sublessor additional rental in an amount equal to all additional rental, payable by Sublessor under the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, Lease for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement DateLeased Premises.
Appears in 1 contract
Samples: Sublease Agreement (Celladon Corp)
Rent. (aSublessee shall pay to Sublessor throughout the term of this the Sublease base annual rentals per rentable square foot for the Sublease Premises, as follows: Annual Base Monthly Period Rate Rent Installment ------ ---- ----------- ----------- January 1, 2009 through December 31, 2009: $14.00 per sq. $28,378.00 $2,364.83 ft. January 1, 2010 thru December 31, 2010: $15.00 per sq. $30,405.00 $2,533.75 ft. January 1, 2011 thru December 31, 2011: $16.00 per sq. $32,432.00 $2,702.67 ft. In addition to Base Rent, Sublessee shall pay to Sublessor any and all sales, use, transaction, or comparable tax(es) The rent reserved applicable thereto. Said base annual rental shall be subject to adjustment as hereinafter provided in this Sublease. It is expressly provided, however, that so long as Sublessee shall not be in default of its obligations under this Lease Sublease, such Base Rent and the tax(es) thereon shall, for the Term hereof shall convenience of Sublessee, be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, without demand, deduction or setoff, on or before the first day of each and every calendar month during the Term (subject to Paragraphs (e) and (f) term of this Sublease. However, upon a default by Sublessee of any of its obligations hereunder, the Base Rent for the balance of the then current calendar year of the term of this Sublease together with the aggregate of the annual rentals for the remainder of the calendar years of the term of this Sublease, as provided hereinbelow, shall be immediately due and payable. The term Default in the Sublease shall have the same meaning as ascribed to it in Paragraph 2); plus 17 of the Prime Lease. If this Sublease commences on a day other than the first day of a calendar month, the monthly Base Rent for the fractional month shall be appropriately prorated.
a. Sublessee recognizes that late payment of any Rent or other sum due hereunder from Sublessee to Sublessor will result in administrative expense to Sublessor, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Sublessor therefore agrees that if Rent or any other payment due hereunder from Sublessee to Sublessor remains unpaid ten (b10) days after the same is due, the amount of such additional rent (“Additional Rent”) unpaid Rent or other payment shall be increased by a late charge to be paid Sublessor by Sublessee in an amount equal to Tenant’s Proportionate Share five percent (5%) per month of Expenses (as such terms are defined in Paragraph 3 the amount of this Lease) as may be payable pursuant to the terms delinquent Rent or other payment. The amount of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all the late charge to be paid to Landlord at its office stated aboveSublessor by Sublessee for any particular month shall be computed on the aggregate amount of delinquent Rent and other payments, or including all accrued late charges then outstanding. Sublessee agrees that such other place as Landlord may designate, in lawful money amount is a reasonable estimate of the United States loss and expense to be suffered by Sublessor as a result of America; provided, however, that if the such late payment by Sublessee and may be charged by Sublessor to defray such loss and expense.
b. Rent Commencement Date shall occur on a is the date other than specified in Paragraph 3 hereof for the Sublease Commencement Date and the date upon which the first rental payment hereunder becomes due.
c. The Sublessor will receive monthly from Sublessee the equivalent of six and one half percent (6 1/2%) of all amounts paid as Rent hereunder which sum is paid to the State of Florida by the Sublessor. This six and one half percent (6 1/2%) rate is accountable by the Sublessor to the State of Florida under the Florida Sales Tax Statute. The Sublessor receives no monetary benefit from the collection and disbursement of this charge. Therefore, to satisfy this obligation, Sublessee shall pay to Sublessor, in addition to the Rent agreed to by the parties, six and one half percent (6 1/2%) of all amounts paid as Rent hereunder. Should such tax rate change under the Florida Sales Tax Statute, the Sublessor will receive monthly from Sublessee the amount reflective of appropriate charges. Sublessee shall pay Sublessor in conjunction with all sums due hereunder, any and all applicable sales, use or other similar tax and any interest or penalties assessed therein ("Sales Tax") simultaneously with such payment.
d. In addition to the Base Rent, Sublessee shall pay without, demand, deduction, or setoff as "Additional Rent" (which amounts along with any other amounts or charges which may become due or payable by Sublessee to Sublessor may collectively or separately be referred to as "Rent" hereunder), Sublessee's Proportionate Share of the Operating Expenses of the Building delivered by Sublessor to Landlord under the Lease. Sublessee's proportionate share is that amount which is equivalent to the percentage determined by dividing the rentable square feet in the Sublease Premises by the total rentable square feet under the Lease upon which operating expenses are calculated.
e. For the purposes of this Sublease, Sublease Year shall mean each twelve (12) month period beginning on the Sublease Commencement Date and each anniversary of the Commencement Date (or the first day of the succeeding calendar month following the month in which the Sublease Commencement Date occurs should such date be on any day after the first day of a calendar month), and extending until the rent for last day of each twelve (12) full calendar month period thereafter.
f. Provided Sublessee faithfully performs all terms and conditions of the partial month commencing on Sublease during the term of this Sublease, Sublessee's obligation to pay Base Rent Commencement Date under this Sublease shall be appropriately proabated in months one (1), two (2) and (3) in the aggregate amount of Seven Thousand Ninety-rated on Four and 50/100 ($7,094.50) Dollars. If Sublessee at any time breaches any term or covenant required to be performed by Sublessee under this Lease, Sublessor may, in addition to all other rights or remedies it may have, rescind the basis abatement and receive all the Base Rent which Sublessor would have otherwise received from Sublessee had there been no period of the monthly rent payable during the first year abatement. The herein granted abatement shall apply to payment of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Base Rent and any other charges herein reserved as and when the same shall become due and payable, without demand thereforonly, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are shall not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord applicable to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after charges, expenses or costs payable by Sublessee under this Sublease. Sublessor's failure to rescind the due date abatement of Base Rent provided for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and hereunder as a result of any other charges herein reserved default by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx Sublessee shall not be obligated deemed to pay be a waiver of Sublessor's right to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued so rescind on any subsequent default by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)Sublessee.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Sublease (BKF Capital Group Inc)
Rent. Sublessee shall pay to Sublessor as minimum rent, without notice or demand, at 1 HSX Xxxxx, Xx. Xxxxxxxxxx, XX 00000 xx at such other place as Sublessor shall designate from time to time by written notice to Sublessee, the sum of Forty Eight Thousand Nine Hundred & No/100 Dollars (a$48,900.00) The rent reserved under this Lease for the Term hereof shall be and consist of (a) the Fixed Rent payable per month, in equal monthly installments in advance, advance on the first day of each month of the Term. Sublessee shall pay to Sublessor upon execution of this Sublease the sum of Forty Eight Thousand Nine Hundred & No/100 Dollars ($48,900.00) as rent for the month of August 1999. The total amount for taxes, insurance, and every calendar common area expenses presently being paid by Sublessor pursuant to the Master Lease are included in the amount of monthly rent set forth above, and except for any increases in the total amount of taxes, insurance, and common area expenses to be paid under the Master Lease assessed as of or after January 1, 2000, Sublessee shall have no obligation to pay any such amounts. If there is any increase in the total amount of taxes, insurance, and common area expenses assessed as of or after January 1, 2000, upon receipt of written notice thereof from Sublessor, with such supporting documentation therefor as Sublessee shall reasonably request, Sublessee shall pay the monthly amount of any such increase to Sublessor as additional rent. If Sublessee fails to pay to Sublessor any amount due hereunder within five (5) days after the due date, Sublessee shall pay Sublessor upon demand a late charge equal to five percent (5%) of the delinquent amount. The parties agree the foregoing late charge represents a reasonable estimate of the cost and expense Sublessor will incur in processing each delinquent payment. Additionally, if Sublessee fails to pay the Sublessor any amount when due hereunder, Sublessor shall be entitled to offset such amount against any amounts Sublessor may owe Sublessee under this or any other agreement. Rent for any partial month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of prorated by multiplying the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis amount of the monthly rent payable during times a fraction the first year numerator of which is the Termnumber of days in such month to be prorated and the denominator of which is the total number of days in said in month.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Sublease Agreement (Innotrac Corp)
Rent. (a) The rent reserved under this Lease 9.1 Lessee covenants and agrees to pay Lessor, monthly in arrears, with respect to the Aircraft, Base Rent for the Term hereof on each Base Rent Payment Date in the amounts set forth in the. Lease Rent Schedule, which by this reference is incorporated herein.
9.2 Notwithstanding the expiration, cancellation or other termination of Lessee's obligation to pay Base Rent hereunder, Lessee agrees to pay to Lessor, or to any other Person entitled thereto, any and all Supplemental Rent promptly as the same becomes due and owing. If Lessee fails to pay any Supplemental Rent, Lessor or such other person entitled thereto shall have the rights, powers and remedies provided for herein or in any other Lessee Document, or by law or in equity or otherwise as if Lessee has failed to pay Base Rent.
9.3 All payments of Rent as required by this SECTION 9 and any and all other payments to Lessor shall be and consist of (a) the Fixed Rent payable paid in equal monthly installments in advance, immediately available funds without Abatement on the first day of each and every calendar month during the Term (subject date such Rent is due, by wire transfer to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofLessor's account with Skandinaviska Enskilda Banken, and any other charges as shall become due and payable hereunderNew York Branch, which Additional Rent shall be payable as hereinafter provided000 Xxxx Xxxxxx, all to be paid to Landlord at its office stated aboveXxx Xxxx, Xxx Xxxx, 00000, account number 00000000, or such other place as Landlord may designate, in lawful money of the United States as Lessor may, from time to time, designate.
9.4 Any payment provided herein due on any day not a Business Day shall be payable on the next preceding Business Day. No payment of America; providedRent may be prepaid by more than ten (10) days without the prior written consent of Lessor.
9.5 THIS LEASE IS A NET LEASE, howeverAND LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE'S OBLIGATION TO PAY ALL RENT HEREUNDER, that if AND THE RIGHTS OF LESSOR IN AND TO SUCH RENT, SHALL BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM OR RECOUPMENT ("ABATEMENTS") FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ABATEMENTS DUE TO ANY PRESENT OR FUTURE CLAIMS OF LESSEE AGAINST LESSOR UNDER THIS LEASE OR OTHERWISE, AGAINST SAAI OR ANY VENDOR OR MANUFACTURER, OR AGAINST ANY OTHER PERSON FOR WHATEVER REASON, INCLUDING, WITHOUT LIMITATION: (A) any default, misrepresentation, negligence, gross negligence, misconduct, willful misconduct or other action or inaction of any kind by Lessor, any manufacturer or seller of any component of the Rent Commencement Date shall occur on a date Aircraft or any other than the first calendar day of a monthPerson, or any set-off, counterclaim, recoupment, defense or other right which Lessee may have against Lessor, the rent manufacturers or anyone else for any reason whatsoever, (B) any defect in the partial month commencing on title, airworthiness, condition, design, operation or fitness for use of, or any Lien or other restriction of any kind upon, all or any component of the Rent Commencement Date Aircraft, or any damage to or loss or destruction of, any part of the Aircraft or any interruption or cessation in the use or possession thereof by the Lessee for any reason whatsoever, (C) any insolvency, bankruptcy, reorganization or similar proceedings by or against Lessor, any manufacturer or seller of any component of the Aircraft, Lessee or any other Person, (D) any breach by Lessor of any representation, warranty or covenant of Lessor made herein or in connection herewith, (E) the invalidity or lack of enforceability or lack of due authorization or other infirmity of this Lease or the lack of right, power or authority of Lessor to enter into this Lease, or (F) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. Except as otherwise provided herein, Lessee hereby waives, to the extent permitted by Applicable Law, any and all rights which it may now have or which at any time hereafter may be conferred upon it, by statute or otherwise, to terminate, cancel, quit or surrender this Lease, except as herein specifically provided or otherwise agreed between the parties hereto. If for any reason whatsoever this Lease shall be appropriately pro-rated terminated in whole or in part by operation of law, except as specifically provided herein, Lessee nonetheless agrees to pay to Lessor an amount equal to each installment of Base Rent at the time such installment would have become due and payable in accordance with the terms hereof had this Lease not been terminated in whole or in part. Each payment of Rent made by Lessee shall be final and Lessee shall not seek to recover all or any part of such payment from Lessor for any reason whatsoever. Nothing in this SECTION 9.5 shall be construed to preclude Lessee from bringing any suit at law or in equity which it would otherwise be entitled to bring for breach of any representation, warranty, covenant or duty hereunder.
9.6 In the event Lessee shall fail to pay any Rent when due hereunder, Lessee shall pay, to the extent permitted by law, to Lessor or to such other Person entitled thereto, upon demand, as Supplemental Rent, interest on such amount from the due date thereof to the date paid at a rate per annum (computed on the basis of a 365- or 366-day year, as the monthly rent payable during case may be, and actual number of days elapsed, including the first year of day but excluding the Term.
(blast day) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything equal to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)Overdue Rate.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Republic Airways Holdings Inc)
Rent. (a) The Tenant agrees to pay rent reserved under this Lease (“Base Rent”) for the Initial Term hereof as follows:
(i) For the period commencing on the Commencement Date and ending on the last day of the month in which the first anniversary of the Commencement Date occurs, at the rate of One Million and 00/100 Dollars ($1,000,000.00) per annum;
(ii) For each yearly period thereafter during the Initial Term at the rate per annum equal to one hundred two and one-half percent (102.5%) of the rate in effect for the immediately preceding one-year period; and
(iii) In addition to the Base Rent due under subsection (i), with regard to any Terminated Space which is occupied by Tenant beyond the applicable Reduction Date, at the rate of Ten Dollars ($10.00) per square foot per annum so occupied by Tenant but Tenant shall be deemed to be a tenant at sufferance with respect thereto for which Landlord shall have all remedies available at law and consist of equity.
(ab) the Fixed Tenant shall pay Base Rent payable in equal monthly installments in advance, without deduction or offset, to Landlord at Landlord's address set forth in Section 26 hereof or at such other address as may be specified by written notice from Landlord, commencing on the Commencement Date and thereafter on the first day of each calendar month for each and every calendar month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) Term, such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all monthly installment to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur prorated on a date other than the first per diem basis for any partial calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable month(s) during the first year of the Term.
(bc) All amounts other than Base Rent payable by Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same Landlord under this Lease shall become due and payable, without demand thereforbe deemed additional rent, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which such amounts are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord referred to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaidBase Rent as “Rent.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Syratech Corp)
Rent. (a) The Lessee agrees to pay Lessor, as rent reserved under this Lease for the Term hereof leased premises, the base sum of Fifteen Thousand Five Hundred Forty Dollars ($15,540.00) in total for the term of this lease. This sum shall be and consist of (a) the Fixed Rent made payable in 12 (twelve) equal monthly installments of $1,295.00 which shall be payable in advance, advance on the first day of each month beginning June 1, 2017, through May 1, 2018. Rent payments shall be paid by check, cashier’s check, or money order. Lessor may offer to receive payments by credit card, debit card, or by electronic bank transfer, and every calendar month during Lessor reserves the Term (subject right to Paragraphs (e) and (f) charge reasonable processing fees for such payment methods. Payments will be accepted from only those persons who entered into this agreement. For the purposes of Paragraph 33 of this Paragraph 2); plus (b) such additional lease agreement, titled “Holding Over”, and or for the purpose of extending this lease, the daily rate for this agreement shall be $43.17 per day. A summarized rent (schedule is listed below: • 1st day of each month beginning June 1, 2017 through April 1, 2018 - $1,295.00 • Final Payment – May 1, 2018 -$1,295.00 • June 1, 2018 - $0.00 It is understood and agreed that all other charges due hereunder for services provided or charges assessed, including, but not limited to, fines for violating the Rules and Regulations, are hereinafter collectively referred to as “Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rentsuch charges are due under this Lease by Lessee, Additional Rent or any other charges amounts paid to Lessor shall be applied to other such charges before applying amounts paid after to the rent installment. If the payment tendered by Lessee fails to satisfy the total charges outstanding, then Lessee shall immediately pay the total balance due, plus any late charges incurred by virtue of Lessee’s failure to timely pay all sums due from Lessee to Lessor. If Lessee elects to mail any payment, then it is Lessee’s responsibility to ensure that payment is received in the management office by the due date date. Unless permitted by law, rent installments may not be withheld for same provided hereinany reason. After two (2) returned checks, Tenant shall payall future rent installments owed must be paid in cashier’s check or money order. Lessor has the right to refuse to accept partial payments, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything payments made will be credited to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed oldest sum due and a certificate (temporary or final) of occupancy has been issued owing by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)Lessee.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Lease Agreement
Rent. (a) The rent reserved under this Lease for From and after the Term hereof Commencement Date, Sub-Subtenant shall be and consist of (a) the Fixed Rent payable in equal monthly installments in advance, on the first day of each and every calendar month during the Term (subject pay to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional Sub-Sublandlord rent (“Additional Fixed Rent”) in an amount equal to Tenant’s Proportionate Share 100% of Expenses the then applicable Base Rent (as such terms are defined in Paragraph 3 of this Leasethe Sublease) as may be payable by Sub-Sublandlord to Sublandlord pursuant to Section 4.1 of the Sublease, consistently with the terms of this Lease Article 4 of the Sublease.
b) Fixed Rent and all charges for services and utilities pursuant other amounts (“Additional Rent;” together with Fixed Rent, collectively “Rent” or “rent”) payable by Sub-Subtenant to Paragraph 15 hereofSub-Sublandlord under the provisions of this Sub-Sublease shall be paid promptly when due, without notice or demand therefor, and any other charges as shall become due without deduction, abatement, counterclaim or setoff. Fixed Rent and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, Sub-Sublandlord in lawful money of the United States at the office of America; provided, however, that if Sub-Sublandlord or such other place (or by wire) as Sub-Sublandlord may designate from time to time. No payment by Sub-Subtenant or receipt by Sub-Sublandlord of any lesser amount than the Rent Commencement Date amount stipulated to be paid hereunder shall occur on a date be deemed other than on account of the first calendar day earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sub-Sublandlord may accept any check or payment without prejudice to Sub-Sublandlord’s right to recover the balance due or to pursue any other remedy available to Sub-Sublandlord. Any provisions in the Sublease incorporated herein by reference (whether capitalized or lower case) referring to “fixed rent,” “annual rent,” “base rent,” “rent,” ‘‘additional rent,” “escalations,” “payments” or “charges” or words of a month, the rent for the partial month commencing on the Rent Commencement Date similar import shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant deemed to refer to Fixed Rent and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any setunder this Sub-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the sameSublease.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Sub Sublease (Sema4 Holdings Corp.)
Rent. (a) The rent reserved under this Lease Lessee shall pay $_ , per calendar month for rental, without deduction, for the Term hereof shall be and consist of (a) the Fixed Rent Premises, payable monthly in equal monthly installments in advance, advance on the first day of each and every calendar month during month. The prorated rental from the Term (subject to Paragraphs (e) and (f) date of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) move-in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money first day of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis following is . Lessee’s right to possession of the monthly Premises is expressly contingent upon the prompt and timely payment of rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable due to hereunder, which and the use of the Premises by Lessee is obtained only on the condition that such sums are promptly and timely paid. Lessee shall pay promptly all sums other than rent pursuant to provisions of the Agreement within 3 days following Lessor’s delivery of a statement of account therefore. Monies received by Lessor from Lessee shall first be applied to discharge any past due amounts, including but not limited to, past due late charges, check charges, key charges and utility bills owed by Lessee. After such past due amounts have been paid, the remainder of any monies received by Lessor from Lessee shall be applied to past due rent, then to current rent. If the rent or other sums payable hereunder are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable paid within fifteen (15) 3 days of delivery the date on which such are due, a late charge of $25.00** will be added to the amount due. Additionally, a charge of $25.00 will be made for all checks returned due to insufficient funds or for any other reason. **There will be an additional $5.00 charge per day for payment received after the 4th. • METHOD OF PAYMENT - Lessee shall make rental payments by Landlord check or money order-- not cash or personal check. Lessor shall deem no forbearance of a late payment as a waiver. Payment must be remitted in full, by U.S. Mail, to Tenant be postmarked by the third of notice the calendar month or Lessee accepts full responsibility of late charges as stated above. [Riverside Terrace MHC, X.X. Xxx 000, Xxx Xxxxxx, XX 00000] • SUBLEASING LOT: Lessee is available to sublease the lot if he or she owns the foresaid home. Lessee will be responsible for lot payment as well as utilities [electric, trash, water, gas] for home(s) parked at Riverside Terrace. Riverside Terrace management is not responsible for repairs or damages caused to homes while leasing a lot within the community (This includes but is not limited to, water heaters, AC/Heating units, skirting, above ground water lines, plumbing) . Lessee will pay rent & utilities on time or shall receive monetary penalties as described in number two above. It is the responsibility of the Lessee to collect payment from the person(s) occupying the home. o Lessee understands that Riverside Terrace management must approve all tenants before move-in. Prospective tenants will pay a non-refundable application fee to Riverside Terrace and upon move- in will sign community guideline documents, as to be aware of protocols within the community. If tenant does not comply with guidelines, Lessee has the potential to be fined until tenants come into compliance. o Failure to pay the samerent for home(s) located within Riverside Terrace Manufactured Home Community will result in legal action to remove said homes at Lessee’s expense.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Space Lease Agreement
Rent. (a) The rent reserved under this Lease SECTION 2.01. Sub-subtenant covenants and agrees to pay to Sub-sublandlord, in such coin or currency of the United States of America as at the time of payment shall be legal tender for the Term hereof shall be payment of public and consist private debts, at Sub-sublandlord's address specified in or furnished pursuant to Section 22.01 hereof, during the aforesaid initial term and any and all renewals thereof, a net rental (hereinafter referred to as the "rent") of Four Hundred Fifty Thousand Dollars (a$450,000) the Fixed Rent payable annually, in equal monthly installments of Thirty-seven Thousand Five Hundred Dollars ($37,500) each, in advance, advance on the first day of each calendar month, except that the installment of rent due June 1, 1964, has been paid on the execution and every delivery of this lease.
SECTION 2.02. Sub-subtenant shall deposit under the terms of Section 2.05 of the Operating Lease at least one calendar month during before same shall become due under the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount Ground Lease, a sum or sums equal to Tenant’s Proportionate Share of Expenses (the Ground Rent as such terms are defined in Paragraph 3 of this Lease) as same may be payable fixed from time to time pursuant to the terms provisions of this the Ground Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated abovethe time of making such deposit, or such other place as Landlord may designateany portion thereof, in lawful money shall procure and forthwith deliver to Sub-sublandlord the receipt of the United States Escrow Agent provided for in Section 2.05 of Americathe Operating Lease for the amount so deposited; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a monthSublessor, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis pursuant to Section 2.03 of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly Operating Lease, shall require Sublessee from time to time to pay the Fixed Ground Rent directly to the Ground Lessor on or before the due date thereof, Sub-sublandlord shall give Sub-subtenant prompt notice of such requirement and thereafter Sub-subtenant shall make such payment at least ten days before the due date thereof and shall forthwith furnish to Sublessor and Sub-sublandlord proof reasonably satisfactory to Sublessor and Sub-sublandlord of the payment thereof. To the extent that it shall be permissible under the Ground Lease and the Mesne Lease, Sub-subtenant may, on behalf of and without expense to Sub-sublandlord, participate in any arbitration or other proceeding by which the Ground Rent is fixed.
SECTION 2.03. Sub-subtenant shall also deposit under the terms of Section 2.05 of the Operating Lease, at least one calendar month before same shall become due under the Mesne Lease, a sum or sums equal to the Net Rent, Additional as same may be fixed from time to time pursuant to the provisions of the Mesne Lease, and at the time of making such deposit, or any portion thereof, shall procure and forthwith deliver to Sub-sublandlord the receipt of said Escrow Agent for the amount so deposited; provided, however, that if Sublessor, pursuant to Section 2.04 of the Operating Lease, shall require Sublessee from time to time to pay the Net Rent directly to Landlord on or before the due date thereof, Sub-sublandlord shall give Sub-subtenant prompt notice of such requirement and thereafter Sub-subtenant shall make such payment at least ten days before the due date thereof and shall forthwith furnish to Sublessor and Sub-sublandlord proof reasonably satisfactory to Sublessor and Sub-sublandlord of the payment thereof.
SECTION 2.04. Sub-sublandlord shall forthwith on the execution of this lease, and from time to time thereafter on the selection of a new Escrow Agent, give irrevocable instructions to said Escrow Agent that Sub-subtenant shall be entitled to the return of all sums deposited after the date of this lease to which the Sublessee shall become entitled under the provisions of Section 2.05 of the Operating Lease in the event of a default by Sublessor as tenant under the Mesne Lease resulting in a termination of the Mesne Lease or in the event of the expiration or sooner termination of the Operating Lease, unless such default or termination shall have resulted directly or indirectly from a default hereunder either by Sub-subtenant or caused by any other charges herein reserved subtenant. If any of said sums to which Sub-subtenant may become so entitled shall be received by Sub-sublandlord, it shall hold them in trust to pay them over to Sub-subtenant. In the event that Sub-sublandlord shall become entitled, under the provisions of Section 2.05 of the Operating Lease, to approve the selection of the Escrow Agent, Sub-sublandlord will not give such approval unless it shall first notify Sub-subtenant of the attorney or attorneys selected as Escrow Agent and Sub-subtenant either gives its approval of such selection or fails to act on such notice within five days after receipt thereof.
SECTION 2.05. Sub-subtenant shall also pay, as additional rent during the term of this lease, directly to Sublessor on or before the due date thereof, the installments of Basic Rent payable from time to time pursuant to the provisions of the Operating Lease, and shall furnish to Sub-sublandlord a receipt by Sublessor for each such payment, or any partial payment on account thereof, within the grace periods stipulated in Section 19.01(b) hereof.
SECTION 2.06. Sub-subtenant shall also pay, as additional rent during the term of this lease, Overage Rent as and when the same shall become due and payable, without demand thereforfrom time to time, pursuant to the provisions of the Operating Lease, such Overage Rent to be computed and determined as provided in Section 2.02 of the Operating Lease with the same force and with like effect as if this lease were not in existence but as if the "annual net income" referred to in said Section 2.02 were based on the gross income for any calendar year derived by Sub-subtenant from the leasehold estate created by this lease. Payment of such Overage Rent shall be made directly to Sublessor, except that after a payment of Overage Rent has been so made to Sublessor (unless otherwise provided in Section 2.11 hereof), one-twelfth of such payment shall be deposited in escrow on the first day of each of the next twelve succeeding months to be held for application to the Overage Rent, if any, which shall next become due and payable. Such deposits shall be made with Sub-sublandlord, unless Sub-subtenant shall elect that they shall be made with a bank or trust company selected by Sub-subtenant whose fees and charges shall be paid by Sub-subtenant. If there shall be no Overage Rent due at the end of any such twelve months period, the amounts on deposit shall be refunded to Sub-subtenant and Sub-subtenant shall not be required to make such deposits for the following year. Promptly after making payment of Overage Rent, the party making the same shall submit reasonably satisfactory proof of such payment to the other party, or in the case of payment by such bank or trust company, to both parties hereto. Sub-subtenant shall furnish to Sub-sublandlord such financial statements as are required under Section 2.02 of the Operating Lease.
SECTION 2.07. It is the purpose and intent of Sub-sublandlord and Sub-subtenant that the rent shall be net to Sub-sublandlord, so that this lease shall yield, net, to Sub-sublandlord the rent specified in Section 2.01 hereof in each year during the initial term of this lease and any and all renewals thereof, and without that all costs, expenses and charges of every kind and nature relating to the Demised Premises (except the taxes of Landlord, Sublessor and Sub-sublandlord referred to in Section 3.03 of Article 3 hereof and any set-off payments on account of interest or deduction whatsoever. All Additional Rent and other charges payable hereunderprincipal under any mortgage or deed of trust which shall be a lien on the fee of the premises of which the Demised Premises are a part, or on the estate created by the Grant of Term, on the leasehold estate created by the Ground Lease, on the leasehold estate created by the Mesne Lease or on the leasehold estate created by the Operating Lease), which are not may arise or become due and payable on a monthly basis during or out of the Term, unless otherwise specified herein, term of this lease shall be due paid by Sub-subtenant, and payable within fifteen (15) days of delivery that Sub-sublandlord shall be indemnified and saved harmless by Landlord to Tenant of notice to pay Sub-subtenant from and against the same.
(c) In the event that any payment of Fixed SECTION 2.08. The rent, Basic Rent, Additional Overage Rent, Net Rent or any other charges and Ground Rent shall be paid after or deposited without notice or demand and without abatement, deduction or setoff, except as otherwise expressly provided in this lease.
SECTION 2.09. All sums (other than the rent, but including Basic Rent, Overage Rent, Net Rent and Ground Rent) which may be or become due date for same provided hereinand payable or are to be deposited by Sub-subtenant pursuant to any provision of this lease shall be deemed to be additional rent hereunder and, Tenant except as in this lease otherwise expressly provided, shall paybe paid or deposited without notice or demand and without abatement, together with deduction or set-off, and, upon the failure of Sub-subtenant to pay or deposit any such paymentsums, then, at the option of Sub-sublandlord, the Late Charge same may be added to any installment of rent then due or thereafter becoming due; and interest at 12% per annum Sub-sublandlord shall have the same rights and remedies in the event of the non-payment or non-deposit thereof by Sub-subtenant as in the case of default in the payment of rent.
SECTION 2.10. All of the subrents, income, issues and profits collected by Sub-subtenant from the Demised Premises shall be deposited in a separate bank account in a bank or trust company selected by Sub-subtenant, and shall be deemed trust funds to be applied, except as provided in Section 2.11 hereof, to the payment of all of the obligations of Sub-subtenant accruing under the terms of this lease during the then current calendar year, including the Overage Rent for such unpaid amount for the period thereafter that calendar year. The balance, if any, of monies so deposited during each such payment shall remain unpaid.
(d) Tenant calendar year may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated withdrawn by Sub-subtenant for its own use, except as otherwise provided in Section 2.11 hereof, until the time of furnishing the financial statements under Section 2.06 for such calendar year. Each payment or bonus paid to pay to Landlord Sub-subtenant in consideration of the monthly Fixed Rent from modification, cancellation or termination of any sublease, shall be deposited in the Commencement Date aforesaid account and shall be applied as provided in the preceding paragraph until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy expiration of the Demised Premisessublease in question, or (ii) March 1the date on which the space covered thereby shall have been relet to one or more subtenants having financial standing, 2001 in the aggregate, equal to or greater than the financial standing of the subtenant under the cancelled or terminated sublease, at a subrent or subrents aggregating not less than the subrent payable under the cancelled or terminated sublease, when the amount so deposited or the unapplied balance thereof may be withdrawn by Sub-subtenant for its own use, provided there shall then be no existing Event of Default.
SECTION 2.11. In the calendar year 1964 and in subsequent calendar years, if Sub-subtenant shall not desire to make monthly deposits on account of Overage Rent as provided in Section 2.06 hereof or shall desire to withdraw monies deposited under Section 2.10 at more frequent intervals than therein provided, Sub-subtenant may submit to Sub-sublandlord not more than 90 days after the end of each calendar month, monthly statements of net income prepared in accordance with the provisions of Section 2.02 of the Operating Lease, showing, on a cumulative basis for such calendar year, the estimated Overage Rent accrued during the month or months covered by such statement (the “Rent Commencement Date”).
(f) Notwithstanding anything "minimum net income" as such term is defined in said Section 2.02 to be prorated according to the contrary contained number of months covered by each such statement). If any such statement shall disclose that after paying all rent, additional rent and other charges hereunder, together with the expenses of operation, due and payable during the period covered by such statement, there shall remain on deposit in this Xxxxxxxxx 0the separate bank account provided for in Section 2.10 hereof in excess of an amount sufficient to cover the estimated Overage Rent shown as accrued by said statement, Xxxxxx Sub-subtenant may withdraw the excess for its own use and shall not be obligated required to pay make the deposits required under Section 2.06 hereof. If Sub-sublandlord shall dispute any computation made in any such monthly statement, there shall be no such withdrawal by Sub-subtenant until such dispute shall be settled, either by agreement or by arbitration pursuant to Landlord Article 25 hereof; it being the portion intent of monthly Fixed this provision that at all times the trust funds held under Section 2.06 shall not be invaded if the ability of Sub-subtenant to make the payments therefrom required hereunder shall be jeopardized.
SECTION 2.12. Upon request by Sub-sublandlord, all payments or deposits of Basic Rent, Net Rent, Overage Rent, Ground Rent attributable or tax deposits required to 22,417 rentable square feet be made by Sub-subtenant pursuant to Sections 2.02, 2.03, 2.05, 2.06 and 3.02 hereof shall be made by Sub-subtenant directly to Sub-sublandlord, who shall receive such payments or deposits as a trust fund, and shall apply them to the payments or deposits required under said sections. In such event Sub-sublandlord shall deliver to Sub-subtenant copies of the Demised Premises, being Fiftyreceipts or acknowledgments which Sub-six Thousand Fortysubtenant would be required to deliver to Sub-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Datesublandlord under said sections.
Appears in 1 contract
Rent. (a) The rent reserved under this Lease for 3.1 Commencing on the Term hereof shall be and consist of (a) the Fixed Rent payable Commencement Date, Tenant will pay to Landlord at Landlord’s address set forth in equal monthly installments Section 1.10 or such other place designated by Landlord, in advance, advance on the first day of each and every calendar month without prior demand or notice, the rent for the Premises consisting of the monthly installments of Base Rent set forth in Section 1.7 and any other additional payments due under this Lease. The obligation of Tenant to pay rent is an independent covenant. Notwithstanding the foregoing, payment of monthly installments of Base Rent shall not commence until the Base Rent Commencement Date.
3.2 Except as otherwise provided herein, this Lease is what is commonly called a “net lease,” it being understood that Landlord shall receive the Base Rent set forth in Paragraph 3.1 free and clear of any and all other impositions, taxes, assessments, liens, charges or expenses of any nature whatsoever in connection with the ownership, maintenance, repair and operation of the Premises. In addition to the Base Rent, Tenant shall pay to Landlord, or to the other persons or entities respectively entitled, all taxes and impositions, insurance premiums, operating charges, maintenance charges, repairs, and any other charges, costs and expenses which arise or may be contemplated under any provisions of this Lease during the Term (subject related to Paragraphs (e) the Building, except as expressly required to be paid for by Landlord hereunder. All of such charges, costs and (f) of this Paragraph 2); plus (b) such expenses when due, shall constitute additional rent (“Additional Rent”) ), and upon the failure of Tenant to pay any of such costs, charges or expenses, Landlord shall have the same rights and remedies as otherwise provided in an amount equal this Lease for the failure of Tenant to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of pay Base Rent. Base Rent, payable under this Lease by Tenant shall be paid without notice or demand and Landlord is required to send notice or demand for any Additional Rent and all other sums payable under this Lease) . Except as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereofotherwise provided herein, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Base Rent, Additional Rent and all other sums payable under this Lease by Tenant (collectively “Rent”) shall be an absolute net return to Landlord for the Term free from any expense, charge, deduction, offset or counterclaim by reason of any obligation of Landlord or any other charges herein reserved as reason.
3.3 It is the intention of the parties to this Lease that the obligations of Tenant under this Lease shall be separate and when independent covenants and agreements, that the Base Rent, the Additional Rent and all other sums payable by Tenant under this Lease shall continue to be payable in all events and that the obligations of Tenant under this Lease shall continue unaffected, unless the requirement to pay or perform the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days have been terminated pursuant to an express provision of delivery by Landlord to Tenant of notice to pay the samethis Lease.
(c) In the event 3.4 Tenant acknowledges that any late payment of Fixed Rent, Additional rent (Base Rent or any other charges shall be additional rental) involves additional costs to Landlord for collection and bookkeeping, and, accordingly, if rent (Base Rent or additional rental) due hereunder is not paid by the 10th day after the due date for same provided hereinit is due, then Tenant shall paypay upon demand, together with such paymentas additional rent, a late charge equal to 5% of the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such required to be paid. The payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx late charge shall not be obligated construed to extend the date for payment of any sums required to be paid by Tenant or to relieve Tenant of its obligation to pay to Landlord all such sums at the monthly Fixed Rent from time or times herein when due, and neither the Commencement Date until the earlier demand for, nor collection by Landlord, of (i) the date that the Demised Premises are substantially completed and such late charge shall be construed as a certificate (temporary or final) waiver of occupancy has been issued by appropriate governmental authority permitting occupancy Landlord’s rights under Section 23 of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)this Lease.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
Appears in 1 contract
Samples: Lease (Alliance Laundry Corp)
Rent. (a) The rent reserved under this Lease for Yielding and paying therefore during the Term hereof shall be and consist hereby granted the sum of THIRTY-TWO THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS (a$32,934.00) the Fixed Rent of lawful money of Canada, payable without deduction, abatement or set off whatsoever, in equal monthly installments in advance, advance on the first 1st day of each and every calendar month during in THIRTY-SIX (36) consecutive monthly instalments as follows: The sum of NINE HUNDRED FOURTEEN DOLLARS AND EIGHTY-THREE CENTS ($914.83) on the Term 1st day of June, 2000, and c3 like sum of NINE HUNDRED FOURTEEN DOLLARS AND EIGHTY-THREE CENTS (subject $914.83) on the 1st day of each and every month thereafter to Paragraphs and including the 1st day of May, 2003; A security/damage deposit (e) and (fthe "Deposit") of this Paragraph 2); plus ONE THOUSAND SEVEN HUNDRED SEVENTEEN DOLLARS AND FORTY-SEVEN CENTS (b$1,717.47) such additional rent (“Additional Rent”) in an amount equal shall be paid by the Tenant to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 the Landlord upon execution of this Lease) Lease to be held by the Landlord as may be payable pursuant a deposit to secure fulfillment of the terms Tenant's obligations hereunder. In the event of default on the part of the Tenant of any of its obligations hereunder, the Landlord may, in its discretion, apply any or all of the Deposit towards fulfillment of the Tenant's obligations. In such event, the Tenant shall replenish the Deposit to its original level upon written request of the Landlord. Failure of the Tenant to replenish the Deposit to its original level as provided for herein shall constitute a material breach of this Lease and the Tenant hereby agrees that such breach shall be subject to the some consequences as if the Tenant had failed to pay rent when due. The Tenant may not, without the Landlord's written agreement, apply any or all charges for services and utilities pursuant to Paragraph 15 hereof, and of the Deposit towards payment of any other charges as shall become due and rent or additional rent payable hereunder, which Additional Rent . The Deposit shall be payable repaid to the Tenant, without interest, upon termination of the Term as set out herein, provided that the Tenant has vacated the Premises and fulfilled all of its obligations hereunder. The aforementioned rent payments plus any Operating Expenses (as hereinafter provideddefined) payable by the Tenant to the Landlord on c3 monthly basis, all to together with Goods and Services Taxes thereon, shall be paid by way of post-dated cheques. The Tenant shall provide to the Landlord at its office stated abovetwelve post-dated cheques covering the said rent, or such other place as Landlord may designate, in lawful money Operating Expenses and Goods and Services Taxes prior to the beginning of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial each twelve month commencing on the Rent Commencement Date shall be appropriately pro-rated on the basis of the monthly rent payable during the first year period of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rent, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within fifteen (15) days of delivery by Landlord to Tenant of notice to pay the same.
(c) In the event that any payment of Fixed Rent, Additional Rent or any other charges shall be paid after the due date for same provided herein, Tenant shall pay, together with such payment, the Late Charge and interest at 12% per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent from the Commencement Date until the earlier of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”).
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
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Rent. (a) 4.01 The rent reserved under Tenant shall pay during the term of this Lease for the Term hereof shall be and consist sum of Ninety Two Thousand Four Hundred (a$92,400.00) the Fixed Rent DOLLARS payable monthly in equal monthly installments in advance, advance on the first day of each and every calendar month in consecutive monthly instalments equal to the Basic Rent, the first such monthly instalments or a pro-rated portion thereof in the event this Lease is executed other than on the first day of a month shall be paid on and delivered to the Landlord by the first day of each and every month during the Term (subject to Paragraphs (e) and (f) of this Paragraph 2); plus (b) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of Expenses (as such terms are defined in Paragraph 3 of this Lease) as may be payable pursuant to the terms of this Lease and all charges for services and utilities pursuant to Paragraph 15 hereof, and any other charges as shall become due and payable hereunder, which Additional Rent shall be payable as hereinafter provided, all to be paid to Landlord at its office stated above, or such other place as Landlord may designate, in lawful money of the United States of America; provided, however, that if the Rent Commencement Date shall occur on a date other than the first calendar day of a month, the rent for the partial month commencing on the Rent Commencement Date shall be appropriately pro-rated term hereby demised.
4.02 The aforesaid Rentable Area is calculated on the basis of the monthly area of the Demised Premise being 1,760 square feet at the rate of $15.00 for each square foot of rentable area.
4.03 The rent payable reserved hereunder shall be paid in Canadian funds to the Landlord at #310 - 1676 Xxxxxx Drive, Surrey, British Columbia, unless another place of payment is designated by the Landlord, and the Tenant duly notified thereof in writing. Remittances for rent, if mailed, shall be sent to the attention of such person as the Landlord may from time to time designate in writing for the Tenant.
4.04 The Lease shall be a net Lease and the rental provided to be paid by the Landlord hereunder shall be net to the Landlord, and shall yield to the Landlord the entire such rental during the first year full term of the Term.
(b) Tenant does hereby covenant and agree promptly to pay the Fixed Rentthis Lease without abatement, Additional Rent and any other charges herein reserved as and when the same shall become due and payable, without demand therefor, and without any deduction or set-off of any nature whatsoever and all costs, expenses, rates, taxes, charges and obligations of every kind and nature whatsoever relating to the Demised Premise, whether or deduction whatsoever. All Additional Rent not herein referred to and other charges payable hereunder, which are whether or not due and payable on of a monthly basis during kind known existing or within the Term, unless otherwise specified hereincontemplation of the parties hereto, shall be due and payable within fifteen (15) days of delivery paid by the Tenant, excepting only any income tax or taxes other than business tax imposed or levied by an authority whatever on the income received by the Landlord to Tenant of notice to pay from the sameDemised Premise.
(c) In 4.05 Any money payable to the event that any payment of Fixed Rent, Additional Rent or any other charges Tenant to the Landlord in addition to the rent referred to in Article 4.01 shall be paid after deemed to be rent. All monies payable by the due date for same provided herein, Tenant to the Landlord pursuant to the Lease shall pay, together with such payment, the Late Charge and bear interest at 12% the rate of two percent (2%) per annum for such unpaid amount for the period thereafter that such payment shall remain unpaid.
(d) Tenant may pay the Fixed Rent, Additional Rent and any other charges herein reserved by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearinghouse Association member bank.
(e) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the monthly Fixed Rent month from the Commencement Date until the earlier date of (i) the date that the Demised Premises are substantially completed and a certificate (temporary or final) of occupancy has been issued by appropriate governmental authority permitting occupancy of the Demised Premises, or (ii) March 1, 2001 (the “Rent Commencement Date”)default.
(f) Notwithstanding anything to the contrary contained in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to pay to Landlord the portion of monthly Fixed Rent attributable to 22,417 rentable square feet of the Demised Premises, being Fifty-six Thousand Forty-two and 50/100 Dollars ($56,042.50) per month, for the third (3rd), fourth (4th), eighth (8th) and ninth (9th) months after the Rent Commencement Date.
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