Sublease Additional Rent. Commencing on the Sublease Commencement Date, Subtenant shall pay to Sublandlord, as Sublease Additional Rent:
(i) without duplication, all charges for work, utilities, services and/or labor provided to the Subleased Premises by Prime Landlord at the request of Subtenant;
(ii) an amount equal to Sublandlord’s cost of electric current incurred in respect of the Prime Premises and pursuant to Article 6 of the Prime Lease, multiplied by (A) sixty-nine and 82/100 percent (69.82%) for costs incurred prior to the Expansion Date; and (B) one hundred percent (100%) for costs incurred after the Expansion Date; and
(iii) from and after January 1, 2010, an amount equal to those increases in Tenant’s Proportionate Share of Taxes (defined in Article 4 of the Prime Lease) and Tenant’s Proportionate Share of Landlord’s Operating Expenses (defined in Article 5 of the Prime Lease), over the respective, corresponding amounts for Tenant’s Proportionate Share of Taxes and Tenant’s Proportionate Share of Landlord’s Operating Expenses during the calendar year 2009, multiplied by (A) sixty-nine and 82/100 percent (69.82%) for increases incurred prior to the Expansion Date; and (b) one hundred percent (100%) for increases incurred after the Expansion Date, but otherwise in the manner, at the times, and as determined payable, pursuant to the terms of the Prime Lease (including but not limited to estimated payments).
Sublease Additional Rent. The Subtenant covenants to pay to the Sublandlord as additional rent (the “Sublease Additional Rent”) during the Sublease Term the following amounts:
(a) the Subtenant’s Proportionate Share of Operating Costs and Taxes, payable by the Sublandlord under the Head Lease, together with any other amounts of Additional Rent attributable to the Sublet Premises; and
(b) all other costs, damages or other amounts which are the responsibility of the Sublandlord under the Head Lease, to the extent such costs relate to the Sublet Premises, all without any notice, demand, deduction, abatement, set-off, counterclaim or compensation whatsoever, payable on the first day of each calendar month.
Sublease Additional Rent. Subtenant shall also pay to Sublandlord as additional Rent (the “Sublease Additional Rent”) its pro rata share (which the parties agree is 14.95%, based on the rentable square footage of the Premises, as set forth in the Prime Lease, of 20,898 rentable square feet) of the Additional Rent Sublandlord pays to Landlord in accordance with Article 4 of the Prime Lease, on account of Tenant’s Share of Direct Expenses that are in excess of the amount of Tenant’s Share of Direct Expenses applicable to the Base Year, with the “Base Year” for purposes of this Sublease being the calendar year 2010. All monthly installments of Sublease Additional Rent shall be paid with the corresponding installment of Sublease Base Rent. Subtenant shall pay directly to Sublandlord, prior to the date the corresponding payment is due under the Prime Lease, all other items of Rent (as such term is defined in the Prime Lease) due and payable, with respect to Subtenant’s use and/or occupancy of the Subleased Premises, and any other sums due under this Sublease. Without limiting the generality of the foregoing, Sublandlord shall provide to Subtenant promptly following the delivery thereof from Landlord all Statements, including Estimate Statements of additional rent for any calendar year.
Sublease Additional Rent. Effective as of the Adjustment Date, Subtenant’s obligation to pay Sublease Additional Rent under the Sublease is amended to provide for a fixed monthly payment of $71.00 per month, without reference to a Base Year and notwithstanding any adjustments (increases or decreases) in Direct Expenses payable by Sublandlord, as Tenant, under the Prime Lease. Nothing here shall affect Subtenant’s obligation to pay any and all additional charges payable as additional Rent under the Prime Lease (and incorporated into the terms of the Sublease as the obligation of Subtenant with respect to the use and occupancy of the Subleased Premises).
Sublease Additional Rent. (a) Subtenant shall not be obligated to pay for Operating Cost Share Rent or Tax Share Rent pursuant to the terms of the Master Lease, but Subtenant shall pay Sublandlord as additional rent, along with monthly installments of Base Rent, all other costs, expenses and payments that Sublandlord is required to pay under the Master Lease, including without limitation, Electricity Share Rent and Parking Rent (collectively, the "Sublease Additional Rent"). Notwithstanding anything to the contrary contained in the Master Lease, the electricity supplied directly to the Premises is currently separately metered and Subtenant will pay for such separately metered electricity directly to the entity providing such electricity. In addition to such separately metered electricity, Subtenant will pay Electricity Share Rent which is intended to compensate Master Landlord for certain electricity supplied to the Common Areas of the Project, but which shall not include any electrical costs for electricity supplied to other tenant's premises.
(b) Sublease Additional Rent shall be payable in the same manner as provided in the Master Lease and shall be based on Master Landlord's statements, including estimates, rendered to Sublandlord with respect to such items, which statements shall be made available by Sublandlord to Subtenant promptly after receipt thereof from Master Landlord. To the extent that any amounts paid by Subtenant on account of any of such items are based on estimates provided by Master Landlord and exceed the amount actually due and payable by Subtenant hereunder, such overpayment shall, in accordance with the procedure by which overpayment of such an item is treated under the Master Lease, be either refunded to Subtenant or credited against the amounts next coming due from Subtenant for the applicable item pursuant to this Section 3.2 promptly after Sublandlord has received the refund or credit from Master Landlord; provided, however, that if such overpayment shall have been credited to Subtenant and is not fully reimbursed by such credit prior to the expiration of the Sublease Term, then, promptly following the expiration or earlier termination of the term of this Sublease, so long as Sublandlord is receiving a corresponding credit from Master Landlord, Sublandlord shall reimburse Subtenant for the remaining balance of such overpayment, less any amounts Subtenant may owe to Sublandlord upon the expiration of the Sublease Term. To the extent that any estimated amo...
Sublease Additional Rent. Subtenant shall reimburse Sublandlord for Subtenant’s Pro Rata Share of the Operating Expenses payable by Sublandlord during the Sublease Term, pursuant to and calculated in accordance with Section 8.2 of the Master Lease, over Base Operating Expenses payable by Sublandlord for Calendar Year 2022. Subtenant shall reimburse Sublandlord for Subtenant’s Pro Rata Share of the Taxes payable by Sublandlord during the Sublease Term, pursuant to and calculated in accordance with Section 8.1 of the Master Lease, over the Base Tax Amount payable by Sublandlord for fiscal year 2022. For the avoidance of doubt, Subtenant shall not be required to make any payments on account of accrued Operating Expenses prior to January 1, 2023 or any payments on account of accrued Taxes prior to July 1, 2022. Such reimbursement amounts shall be paid to Sublandlord at the times and in the manner provided in such provisions of the Master Lease and Sublandlord shall promptly provide to Subtenant any notices or correspondence received from Master Landlord regarding Operating Expenses and Taxes under the Master Lease. As used herein, Subtenant’s Pro Rata Share shall mean fifty percent (50%) which represents the Subleased Premised over the total square footage leased by Sublandlord under the Master Lease.
Sublease Additional Rent. All sums due from Subtenant to Sublandlord or to any third party under the terms of this Sublease, excluding Sublease Base Rent, shall be additional rent ("SUBLEASE ADDITIONAL RENT"). Except as otherwise provided herein, Sublease Additional Rent shall include, without limitation, (1) any and all charges, costs or expenses due by tenant under the Master Lease (as incorporated herein) other than Base Rent owing under the Master Lease, and (2) all sums incurred by Master Landlord or Sublandlord due to Subtenant's failure to perform its obligations under this Sublease, together with interest and late fees thereon. Sublandlord will have the same remedies for a default in the payment of any Sublease Additional Rent as for a default in the payment of Sublease Base Rent and Sublease Supplemental Rent. Together, Sublease Base Rent and Sublease Additional Rent are sometimes referred to in this Sublease as "SUBLEASE RENT".
Sublease Additional Rent. Sublessee shall pay as additional rent Sublessee’s proportionate share of the amount by which the Operating Expenses and Taxes for the Master Premises increase over those experienced by Sublessor during the calendar year ending December 31, 2007 (base year) (“Sublease Additional Rent”). Effective January 1 of each year thereafter or as soon as information is provided to Sublessor from Lessor, Sublessor shall estimate the amount by which the Operating Expenses and Taxes are expected to increase, if any, over those incurred in the base year. Sublessor shall provide the estimate calculation to Sublessee. The Sublease Additional Rent for that year shall be paid monthly in the amount of one-twelfth of Sublessee’s share of the estimated increase of Operating Expenses and Taxes. In the event Lessor delivers the written statement late to Sublessor pursuant to Section 5.3 of the Master Lease, Sublessee shall continue to pay to Sublessor the amount equal to the monthly Sublease Additional Rent as determined for the preceding Operating Year until Lessor does furnish the written statement to Sublessor and Sublessor is able to determine the estimated Sublease Additional Rent for the current Operating Year, at which time Sublessee shall pay the amount of any estimated Sublease Additional Rent in excess of the preceding Operating Year pro-rata over the unexpired portion of the current Operating Year. Within one hundred twenty (120) days after the end of each calendar year, Sublessor shall calculate and deliver to Sublessee the actual increase in Operating Expenses and Taxes (“Sublease Operating Statement”) and bxxx Sublessee for any deficiency or credit Sublessee with any excess collected. Sublessee’s current proportionate share for the Sublease Premises from this Sublease is 27.4%. The proportionate share was calculated by the rentable square footage subleased by Sublessee divided by the entire rentable square footage subleased by Sublessor. Sublessee shall have right to examine and dispute the Sublease Operating Statement pursuant to Sections 5.5 and 5.6 of the Master Lease.
Sublease Additional Rent. All sums due from Subtenant to Sublandlord or to any third party under the terms of this Sublease shall be additional rent (“Sublease Additional Rent”), including, without limitation, the charges for Operating Expenses (described in Paragraph 8 of this Sublease) and all sums incurred by Master Landlord or Sublandlord doe to Subtenant’s failure to perform its obligations under this Sublease, together with interest and late fees thereon. All Sublease Additional Rent of the type described in Paragraph 8 which is payable to Sublandlord shall be paid at the time and place that Sublease Base Rent is paid. Sublandlord will have the same remedies for a default in the payment of any Sublease Additional Rent as for a default in the payment of Sublease Base Rent. Together, Sublease Base Rent and Sublease Additional Rent are sometimes referred to in this Sublease as “Sublease Rent”. There shall be no abatement of, deduction from, counterclaim or setoff against Sublease Rent except as otherwise specifically provided in this Sublease or the Master Lease.
Sublease Additional Rent. During the Term, Subtenant shall pay to Sublandlord, as additional rent (“Sublease Additional Rent”), Subtenant’s Proportionate Share of all Additional Rent due in connection with the Master Lease and other charges due as set forth in this Sublease. Subtenant shall pay the Sublease Additional Rent within 10 business days after receipt of Sublandlord’s statement and invoice.
