Tenant’s Obligation to Pay. Tenant shall pay the cost of all water, sewer use, sewer discharge fees, gas, heat, electricity, refuse pick-up, janitorial service (including, without limitation, exterior and interior window washing), telephone, cable T.V., telecommunications facilities and all materials and services or other utilities (collectively, “Utilities”) billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs implemented by Landlord by reason of rationing, restrictions or Laws.
Tenant’s Obligation to Pay. The Tenant covenants to pay to the Landlord at all times during the Term:-
Tenant’s Obligation to Pay a Pro Rata Portion of the Operating Expenses of the Building. Commencing on the Commencement Date, and on the first day of each month thereafter during the Term of this Lease, as an additional charge, Tenant must pay to Landlord Tenant’s estimated pro rata share of the Building’s estimated Operating Expenses for the current calendar year, based upon the actual Operating Expenses for the prior calendar year in the manner of payment for the base rent described in Section 4.1 above. On or before March 1 of each year during the Term of this Lease, beginning with the Commencement Date, Landlord shall provide Tenant with documentation which demonstrates the Building’s actual Operating Expense for the prior calendar year, along with a calculation of the difference between Tenant’s estimated pro rata Operating Expense payments for such calendar year and the Tenant’s actual pro rata share of the Operating Expense for that calendar year. In the event of an underpayment, Tenant shall pay the difference to Landlord or Landlord shall refund the overpayment to Tenant. Notwithstanding the foregoing, if Landlord does not supply said documentation within one hundred eighty (180) days after the end of each calendar year, Landlord shall have forfeited its opportunity to seek reimbursement from Tenant for any underpayment such documentation subsequently reveals, however such limitation does not act to waive Landlord’s duty to supply Tenant with said documentation within a reasonable time thereafter. In addition, Tenant shall have the right, at its own cost to audit Landlord’s records of Operating Expenses within forty- five (45) days of receipt of said documentation and shall recover a reimbursement for any expenses improperly accounted for and included in Operating Expenses. In the event such audit reveals discrepancies which in the aggregate amount to more than ten percent (10%) different than that previously reported by Landlord, then Landlord shall reimburse Tenant for all reasonable costs associated with conducting said audit.
Tenant’s Obligation to Pay. Without limiting the generality of Section 5.1, but subject to Section 5.2(d) below, Tenant shall pay all Impositions allocable to the Premises during the Term or any holdover period on or before the date due, and in any event before delinquency and before any fine, interest or penalty may become due or be imposed by operation of law for nonpayment; provided, however, that: (i) Landlord shall pay or, if paid by Tenant, shall reimburse Tenant for any Impositions to the extent that the same are allocable to periods after the Expiration Date (or, if Tenant holds over following the Expiration Date, to periods after the actual date of surrender of the Premises by Tenant); and (ii) if any assessment is permitted by law to be paid in installments without additional charge or penalty, Tenant may pay such assessments in installments, but in no event later than the actual due date for such installments. Without limiting the foregoing, or any other provision hereof, if any fines, penalties or interest charges are imposed as a result of any failure by Tenant to pay any Impositions as and when required under this Section 5.2 or as a result of an unsuccessful contest of any Impositions by Tenant pursuant to Section 5.2(d) below, Tenant shall be obligated to pay the same within ten (10) business days after imposition thereof, unless Tenant exercises its right to contest such fines, penalties or interest charges pursuant to Section 5.2(d) below and provides a bond or other assurance of payment for such fines, penalties or interest charges as provided in Section 5.2(d) below.
Tenant’s Obligation to Pay. Not less than ten (10) days after Landlord’s receipt of any tax xxxx for Real Property Taxes, Landlord shall deliver to Tenant a true, correct and complete copy of such tax xxxx. As additional rent, Tenant shall pay directly to the appropriate governmental or quasi-governmental authorities all Real Property Taxes no later than ten (10) days before such Real Property Tax becomes delinquent (or, as to any tax xxxx Tenant receives less than fifteen (15) days prior to such delinquency date, no later than five (5) business days after receipt of such tax xxxx). Concurrently with any such payment, Tenant shall supply Landlord with written evidence that all Real Property Taxes then due and payable pursuant to this Article shall have been paid prior to delinquency. If any Lender which is a bank, savings or thrift institution, insurance company or other financial institution requires Landlord to impound any sums to pay Real Property Taxes on a periodic basis during the Lease Term, then Tenant, on notice from Landlord indicating this requirement, shall pay to Landlord such sums as the Lender requires to be impounded on the same periodic basis in accordance with the Lender’s requirements. Landlord shall impound the Real Property Tax payments received from Tenant in accordance with the requirements of the Lender. Amounts impounded shall be maintained in an interest bearing account until paid, and Tenant shall be entitled to interest earned thereon. Tenant shall only be required to pay those Real Property Taxes or installments thereof which are payable with respect to periods during the Lease Term, with appropriate proration at the beginning and end of the Lease Term.
Tenant’s Obligation to Pay. Landlord and Tenant agree that all bills for Real Property Taxes shall be sent directly by the appropriate government or quasi government authorities to Tenant. As Additional Rent, Tenant shall pay directly to the appropriate governmental or quasi-governmental authorities all Real Property Taxes no later than ten (10) days before such Real Property Taxes become payable with any interest or penalty for late payment. Tenant shall pay such taxes before the due date therefor and shall be responsible for payment of any interest or penalties with respect thereto. Concurrently with any such payment, Tenant shall supply Landlord with written evidence that all Real Property Taxes then due and payable shall have been paid in accordance with this Article. Tenant shall only be required to pay those Real Property Taxes or installments thereof which are payable with respect to periods during the Lease Term, with appropriate proration at the end of the Lease Term.
Tenant’s Obligation to Pay. If the Cost of Tenant Improvement Work exceeds the Maximum Amount, Tenant shall pay to Landlord such excess costs as follows: (i) Tenant shall pay Tenant’s Share of Tenant Improvement Costs within thirty (30) days of Billing, as hereinafter defined, (ii) with respect to any Changes to the Tenant Improvement Work, Tenant shall pay for the cost of such changes in accordance with Section 8 below, and (iii) with respect to any increases in the Cost of Tenant Improvement Work arising from Claims by the Contractor, Tenant shall pay for the cost of such Claims as set forth in Section 9 below. “Billing” shall be defined as any invoice from Landlord setting forth, reasonable detail, the amount due from Tenant, and shall include invoices from vendors and service providers, and applications for payment from the Contractor for work completed through the date of Billing, as certified by the Contractor. Billing may not be submitted to Tenant more than one time per calendar month. The amounts payable by Tenant hereunder constitute Rent payable pursuant to the Lease, and the failure to timely pay same constitutes an Event of Default under the Lease.
Tenant’s Obligation to Pay. Landlord shall provide, subject to the terms of this Paragraph 5.1, water, electricity, heat, light, power, sewer, and other utilities (including natural gas [but not process gas] and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as part of Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any governmental authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Notwithstanding the foregoing, Tenant’s cost for the installation of any separate meter shall not exceed that then-applicable cost of a “Demon Meter” or its reasonable equivalent. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Upon request from Landlord, Tenant agrees to cooperate in good faith with Landlord to develop the most efficient energy conservation program possible in order to comply with Laws, but in no event shall Landlord have the right to implement any energy conservation program (except to the extent mandated by Law) which unreasonably interferes, in Tenant’s reasonable good faith judgment, with Tenant’s operation of its business at the Premises. Except to the extent that an energy conservation or program or ...
Tenant’s Obligation to Pay. Rent for Suite 940 shall commence on the earlier of (i) August 1, 1995 or 00 substantial completion of Suite 940 Tenant's Work ("Suite 940 Rent Commencement Date"). All other obligations of Tenant pertaining to Suite 940 under the Lease shall commence on the date of this Fourth Amendment. If the Suite 940 Rent Commencement Date is other than the first day of a month, Base Rent for Suite 940 due from the Suite 940 Rent Commencement Date until the first day of the following month shall be prorated and payable on the Suite 940 Rent Commencement Date.
Tenant’s Obligation to Pay. No Right of Set-Off. Notwithstanding any other provision of this Agreement, Tenant’s obligations to pay Rent to City according to the terms and conditions of this Agreement shall be absolute and unconditional and shall be unaffected by any circumstance, including, without limitation, off-set, counterclaim, recoupment, defense or other right which Tenant may have against City.
