Common use of Sublease Rent Clause in Contracts

Sublease Rent. (a) Subtenant shall pay to Sublessor a fixed annual rent (the “Sublease Rent”) as follows: (i) for the period commencing on the Rent Commencement Date and ending on the last day of the month in which the fifth (5th) anniversary of the Rent Commencement Date shall occur (the “First Rent Period Expiration Date”), the Sublease Rent shall be payable at the rate of Three Million Twenty-Three Thousand Six Hundred Seventy-Four ($3,023,674.00) Dollars per annum and (ii) for the period commencing on the day after the First Rent Period Expiration Date and ending on the Expiration Date, the Sublease Rent shall be payable at the rate of Three Million One Hundred Ninety-Nine Thousand Four Hundred Sixty-Nine ($3,199,469.00) Dollars per annum. The Sublease Rent shall be payable in equal monthly installments, in advance on the first day of the month for which such rent is due. Notwithstanding the foregoing, Subtenant’s obligation to pay Sublease Rent shall not commence until the day (the “Rent Commencement Date”) which, subject to adjustment pursuant to the provisions of Article 3 hereof, shall be the day next following the three (3) month anniversary of the Commencement Date. (b) The Sublease Rent, additional rent, and other charges herein reserved or payable by Subtenant, shall be paid to Sublessor at the address for Sublessor set forth in Section 18 hereof or at such other place as Sublessor may designate in a written notice to Subtenant, in lawful money of the United States of America, as and when the same shall become due and payable, pursuant to the provisions of this Sublease without any deduction, set-off, or abatement whatsoever, except as expressly permitted hereunder. Where no other date is specified for the payment of additional rent required to be paid by Subtenant pursuant to the provisions of this Sublease, same shall be payable thirty (30) days after Subtenant shall have received a written demand from Sublessor reasonably identifying and computing the amount due. (c) No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated rent or additional charges; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor.

Sublease Rent. (a) Subtenant For the Term of this Sublease, Sublessee shall pay to Sublessor a fixed annual as base rent (the “"Sublease Rent”) as follows: (i") for the period commencing on Premises the Rent Commencement Date and ending on the last day following: Lease Period March 15 - 31, 2002 $2,448.66 Remainder of the month in which the fifth Lease Year One (5ththrough October 31, 2002) anniversary of the Rent Commencement Date shall occur $58,768.00/yr. $4,897.33/mo. Lease Year Two (the “First Rent Period Expiration Date”), the 11/1/02 through 10/31/03) $89,988.50/yr. $7,499.04/mo. Lease Year Three (11/1/03 through 10/31/04) $91,825.00/yr. $7,652.08/nto. Lease Year Four (11/1/04 through 10/31/05) $93,661.50/yr. $7,805.13/mo. Lease Year Five (11/1/05 through 10/31/06) $95,498.00/yr. $7,958.17/mo The Sublease Rent shall be payable paid in advance at least five (5) days prior to the rate first day of Three Million Twenty-Three Thousand Six Hundred Seventy-Four ($3,023,674.00) Dollars per annum and (ii) for each calendar month during the period Term, commencing on the day after the First Rent Period Expiration Date and ending on the Expiration Sublease Commencement Date; provided, however, that the Sublease Rent for the first month of the Term shall be payable at by Sublessee to Sublessor upon the rate Effective Date of Three Million One Hundred Ninety-Nine Thousand Four Hundred Sixty-Nine ($3,199,469.00) Dollars per annumthis Sublease. The Sublease Rent shall be payable paid to Sublessor at Sublessee's address as provided on the signature page of this Sublease or to such other person or at such other address as Sublessor may from time to time designate in equal monthly installmentswriting. Sublessor may, at its option, xxxx Sublessee for Sublease Rent, but no delay or failure by Sublessor in advance providing such a xxxx shall relieve Sublessee from the obligation to pay the Sublease Rent on the first day of each month as provided herein. All payments shall be in the month for which such rent is due. Notwithstanding the foregoingform of a check unless otherwise agreed by Sublessor, Subtenant’s obligation to pay Sublease Rent provided that payment by check shall not commence until be deemed made if the day (the “check is not duly honored with good funds; provided, further, that if any such check is ever returned for lack of sufficient funds or is otherwise not duly honored with good funds, then Sublessor may thereafter require, upon written notice thereof to Sublessee, that all future payments of Rent Commencement Date”) which, subject to adjustment pursuant or other charges under this Sublease be made in cash or cash equivalent mode. In addition to the provisions of Article 3 hereof, shall be the day next following the three (3) month anniversary of the Commencement Date. (b) The Sublease Rent, additional rent, Rent and any other charges herein reserved sums or payable by Subtenant, shall be paid to Sublessor at the address for Sublessor set forth in Section 18 hereof or at such other place as Sublessor may designate in a written notice to Subtenant, in lawful money of the United States of America, as and when the same shall become due and payable, pursuant to the provisions of this Sublease without any deduction, set-off, or abatement whatsoever, except as expressly permitted hereunder. Where no other date is specified for the payment of additional rent amounts required to be paid by Subtenant Sublessee to Sublessor pursuant to the provisions of this Sublease, Sublessee shall also pay to Sublessor, concurrently with the payments of said Rent or other charges, the amount of any applicable sales, use or excise tax, rent tax or other tax with respect thereto (other than any general income tax payable by Sublessor with respect thereto) as the same may be levied, imposed or assessed by any federal, state, county or municipal government entity or agency. If the Term of this Sublease commences or ends at any time other than the first day of a calendar year, then Sublease Rent shall be payable thirty (30) prorated for such year according to the number of days after Subtenant shall have received a written demand from Sublessor reasonably identifying and computing the amount due. (c) No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated rent or additional charges; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to SublessorTerm in such year.

Sublease Rent. (aA) Subtenant Sublessee shall pay to Sublessor a fixed annual as rent for the Sublease Premises the following amounts per month (the “Sublease Base Rent”) ), except as followsexpressly provided in this Article 4 below: (i) *Base Rent for the period commencing second (2nd) full calendar month of the Sublease Term shall be abated, subject to and in accordance with the terms and conditions of this Article 4. **Or September 30, 2018, whichever is sooner. (B) The Sublease Base Rent shall be due and payable in advance, without deduction or offset, unless otherwise provided for herein. The Sublease Base Rent payment for the first calendar month of the Sublease Term ($35,294.70) shall be due upon execution of this Sublease, and the remainder of Sublease Base Rent payments shall be due on or before the Rent first day of each and every calendar month during the Sublease Term. If any rental payment date (including the Commencement Date and ending Date) falls on the last a day of the month other than the first (1st) day of such month or if any rental payment is for a period which is shorter than one (1) month, then the rental for any such fractional month shall be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. All other payments or adjustments required to be made under the fifth terms of this Sublease that require proration on a time basis shall be prorated on the same basis. (5thC) anniversary Notwithstanding anything to the contrary contained herein and provided that Sublessee faithfully performs all of the terms and conditions of this Lease, and no default by Sublessee occurs hereunder, Sublessor hereby agrees that Sublessee shall not be required to pay the monthly installments of Sublease Base Rent Commencement Date shall occur for the second (2nd) full calendar month of the Sublease Term (the “First Rent Period Expiration DateAbatement Period”). During the Abatement Period, Sublessee shall still be responsible for the payment of all of its other monetary obligations under this Sublease. In the event of a default by Sublessee under the terms of this Sublease Rent that results in termination of this Lease in accordance with the provisions of Article 19 of the Master Lease, then as a part of the recovery set forth in Article 19 of the Master Lease, Landlord shall be payable at entitled to the rate of Three Million Twenty-Three Thousand Six Hundred Seventy-Four ($3,023,674.00) Dollars per annum and (ii) for the period commencing on the day after the First Rent Period Expiration Date and ending on the Expiration Date, the Sublease Rent shall be payable at the rate of Three Million One Hundred Ninety-Nine Thousand Four Hundred Sixty-Nine ($3,199,469.00) Dollars per annum. The Sublease Rent shall be payable in equal monthly installments, in advance on the first day recovery of the month for which such rent is due. Notwithstanding Base Rent that was abated under the foregoing, Subtenant’s provisions of this Article 4. (D) In addition to the obligation to pay Sublease Base Rent shall not commence until the day (the “Rent Commencement Date”) whichpayments, subject to adjustment pursuant to the provisions of Article 3 hereof, Sublessee shall be responsible for the day next following actual cost of all after-hours utilities incurred during the three (3) month anniversary of the Commencement DateSublease Term. (bE) The Sublease RentNotwithstanding anything to the contrary in Section 7.1 of the Master Lease, additional rentwithout limiting the generality of the foregoing, Sublessor specifically agrees to pay any and all of Landlord’s costs, charges, and other charges herein reserved or payable by Subtenantexpenses, shall be paid to Sublessor at the address for Sublessor set forth in Section 18 hereof or at such other place as Sublessor may designate in a written notice to Subtenantincluding Landlord’s reasonable attorneys’ fees, in lawful money upon submission of the United States of America, as and when the same shall become due and payable, pursuant to the provisions of this Sublease without any deduction, set-off, or abatement whatsoever, except as expressly permitted hereunder. Where no other date is specified for the payment of additional rent required to be paid by Subtenant pursuant to the provisions of this Sublease, same shall be payable thirty (30) days after Subtenant shall have received a written demand from Sublessor reasonably identifying and computing the amount dueinvoices therefor. (cF) No Sublessee’s failure to pay the Sublease Base Rent hereunder within five (5) days of the due date therefor shall result in the imposition of a service charge for such late payment in the same amounts and at the same rates as provided in the Master Lease on such amounts due and on such time frames provided (“Service Charge”). Sublessor and Sublessee agree that this Service Charge represents a reasonable estimate of the costs and expenses Sublessor will incur and is fair compensation to Sublessor for its loss suffered by reason of late payment by Subtenant Sublessee. (G) All payments to Sublessor shall be made by federal funds wire transfer according to wiring instructions specified in Article 11 herein, or receipt as otherwise instructed by Sublessor of any lesser amount than the amount stipulated in writing from time to be paid hereunder shall be deemed other than on account of the earliest stipulated rent or additional charges; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessortime.