Term; Base Monthly Rent. The Lease term (“Lease Term”) shall be for the period described in Paragraph 14 of the Basic Lease Information Sheet, commencing immediately upon the effectiveness of this Lease as described in Section 2 above, and ending on April 30, 2027 (“Expiration Date”), subject to extension or sooner termination as described in this Lease. In addition to all other sums payable by Tenant under this Lease, Tenant shall pay as base monthly rent (“Base Monthly Rent”) for the Premises the amounts set forth in Paragraph 15 of the Basic Lease Information Sheet for each partial or full calendar month, subject to proration as described below. Base Monthly Rent shall be due in advance on or before the first day of each calendar month during the Lease Term. All sums payable by Tenant under this Lease shall be paid to Landlord in lawful money of the United States of America, without offset or deduction and except as otherwise expressly provided in this Lease without prior notice or demand, at the address specified in Paragraph 7 of the Basic Lease Information Sheet or at such place or places as may be designated in writing by Landlord during the Lease Term. Base Monthly Rent for any period less than a calendar month shall be a pro rata portion of the monthly installment based on the number of days in the partial calendar month; provided that if this Lease terminates due to Tenant’s default, Tenant shall not be relieved of the obligation to pay future accruing rent, and the provisions of Section 14 shall control. Notwithstanding any provision of the Existing Lease or this Lease to the contrary, upon execution of this Lease by Landlord and Tenant, resulting in the termination of the Existing Lease and the effectiveness of this Lease, for purposes of proration under the Existing Lease and this Lease, the day immediately preceding the Commencement Date shall be treated as the last day of the Existing Lease, and the Commencement Date shall be treated as the first full day of the Lease Term. Any prorated portion of rents paid by Tenant under the Existing Lease which are attributable to the period on or after the Commencement Date shall be applied against rents due under this Lease as such rents become due under this Lease, until credited in full, and Landlord shall not be required to return such applied amounts to Tenant under the Existing Lease or otherwise.
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Term; Base Monthly Rent. The Lease term (“Lease Term”) shall be for one hundred twenty-two (122) months, commencing on the period described in Paragraph 14 later of (i) December 1, 2017, or (ii) the date that Landlord delivers the Premises to Tenant following Substantial Completion of the Basic Lease Information Sheet, commencing immediately upon Tenant Improvements or would have delivered the effectiveness of this Lease Premises to Tenant with the Tenant Improvements Substantially Complete but for Tenant Delays (as described defined in Section 2 above6.F) (the “Commencement Date”) estimated to occur on December 1, 2017, and ending on April 30the later of January 31, 2027 2028 or one hundred twenty-two (122) months following the Commencement Date, (“Expiration Date”). If the Commencement Date occurs on a day other than the first (1st) calendar day of the month, subject then the first (1st month) of the Lease Term shall be deemed to extension or sooner termination be the first (1st) partial and first (1st) full calendar month of the Lease Term, except as described otherwise expressly provided in this Lease. Notwithstanding the Parties’ agreement that the Lease Term begins on the Commencement Date, this Lease and all of the obligations of Landlord and Tenant shall be binding and in full force and effect from and after the Effective Date. In addition to all other sums payable by Tenant under this Lease, Tenant shall pay as base monthly rent (“Base Monthly Rent”) for in accordance with the Premises the amounts schedule set forth in Paragraph 15 Section 16 of the Basic Lease Information Sheet for each partial or full calendar month, subject to proration as described below. Base Monthly Rent shall be due in advance on or before the first day of each calendar month during the Lease Term. All sums payable by Tenant under this Lease shall be paid to Landlord in lawful money of the United States of America, without offset or deduction and except as otherwise expressly provided in this Lease without prior notice or demand, at the address specified in Paragraph 7 Section 1 of the Basic this Lease Information Sheet or at such place or places as may be designated in writing by Landlord during the Lease Term. Base Monthly Rent for any period less than a calendar month shall be a pro rata portion of the monthly installment based on the number of days in the partial calendar month; provided that if this Lease terminates due to Tenant’s default, Tenant shall not be relieved of the obligation to pay future accruing rent, and the provisions of Section 14 shall control. Notwithstanding any provision that no Base Monthly Rent is payable for the first one (1) month following the Commencement Date (the “Rent Abatement Period”), property management fees (based on an assumed Base Monthly Rent of One Hundred Five Thousand Dollars ($105,000)) and Reimbursable Operating Costs shall be payable starting on the Existing Lease or this Lease to the contrary, upon Commencement Date. Within five (5) business days following Tenant’s execution of this Lease by Landlord and Tenant, resulting in the termination of the Existing Lease and the effectiveness of this Lease, for purposes Tenant shall pay to Landlord the sum of proration under the Existing Lease and this Lease, the day immediately preceding One Hundred Five Thousand Dollars ($105,000) as a deposit to be applied on the Commencement Date shall be treated as against the last day Base Monthly Rent due for the second (2nd) month of the Existing Lease, and the Commencement Date shall be treated as the first full day of the Lease Term. Any prorated portion of rents paid by Tenant under the Existing Lease which are attributable to the period on or after the Commencement Date shall be applied against rents due under this Lease as such rents become due under this Lease, until credited in full, and Landlord shall not be required to return such applied amounts to Tenant under the Existing Lease or otherwise.
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Samples: Lease Agreement (Cutera Inc)
Term; Base Monthly Rent. The Lease term (“Lease Term”) shall be for the a period described in Paragraph 14 of the Basic Lease Information Sheetone hundred eight (108) months commencing on May 1, commencing immediately upon the effectiveness of this Lease as described in Section 2 above2018, and ending on April 30, 2027 (“Expiration Date”), subject to extension or sooner termination as described in this Lease. In addition to all other sums payable by Tenant under this Lease, Tenant shall pay as base monthly rent (“Base Monthly Rent”) for the Premises the amounts set forth in Paragraph 15 of the Basic Lease Information Sheet for each partial or full calendar month, subject to proration as described below. Base Monthly Rent shall be due in advance on or before the first day of each calendar month during the Lease Term. All sums payable by Tenant under this Lease shall be paid to Landlord in lawful money of the United States of America, without offset or deduction and except as otherwise expressly provided in this Lease without prior notice or demand, at the address specified in Paragraph 7 of the Basic Lease Information Sheet or at such place or places as may be designated in writing by Landlord during the Lease Term. Base Monthly Rent for any period less than a calendar month shall be a pro rata portion of the monthly installment based on the number of days in the partial calendar month; provided that if this Lease terminates due to Tenant’s default, Tenant shall not be relieved of the obligation to pay future accruing rent, and the provisions of Section 14 shall control. Notwithstanding any provision of the Existing Lease or this Lease to the contrary, upon Concurrently with Tenant’s execution of this Lease by Landlord and Tenant, resulting in the termination of the Existing Lease and the effectiveness of this Lease, for purposes Tenant shall pay to Landlord the sum of proration under the Existing Lease One Hundred Eleven Thousand Four Hundred Seventy Four Dollars and this Lease, the day immediately preceding the Commencement Date shall be treated Ninety Cents ($111,474.90) as the last day of the Existing Lease, and the Commencement Date shall be treated as the first full day of the Lease Term. Any prorated portion of rents paid by Tenant under the Existing Lease which are attributable a deposit to the period on or after the Commencement Date shall be applied against rents due under this Lease Base Monthly Rent, as such rents become due under this Leaseit becomes due, until credited in full, and Landlord shall not be required to return such applied amounts to Tenant under the Existing Lease or otherwise.
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Samples: Lease (Extreme Networks Inc)
Term; Base Monthly Rent. The Lease term (“Lease Term”) shall commence on August 15, 2015 (the “Commencement Date”), and end one hundred forty four (144) full calendar months thereafter (it being intended that if the Commencement Date occurs on a day other than the first (1st) day of a calendar month, then the Expiration Date shall be for extended so that the period described in Paragraph 14 Expiration Date occurs on the last day of the Basic last calendar month of the Lease Information SheetTerm) (the date that the Lease Term, commencing immediately upon as extended pursuant to the effectiveness terms and conditions of this Lease as described in Section 2 aboveLease, and ending on April 30, 2027 (expires being the “Expiration Date”), subject to extension or sooner termination or extension as described in this Lease. Notwithstanding the Parties’ agreement that the Lease Term begins on the Commencement Date, this Lease and all of the obligations of Landlord and Tenant shall be binding and in full force and effect from and after the Effective Date. Notwithstanding that the Lease Term commences on the Commencement Date, Landlord agrees to deliver the Premises to Tenant in accordance with Section 6.A below on the later of the Effective Date or the date that Tenant has delivered proof of all insurance required of Tenant under this Lease to Landlord, for the purpose of Tenant’s planning, designing and installation of the Tenant Improvements (defined in Section 6.B below), Tenant’s trade fixtures and personal property and preparing the Premises for occupancy, but only to the extent such activities do not materially interfere with any work required of Landlord pursuant to Section 6.A below. The period commencing on the date that Tenant is allowed to or does enter the Premises for the activities described in the prior sentence, and ending on the Commencement Date is referred to in this Lease as the “Early Access Period”. Tenant shall pay for all utilities and services consumed at the Premises during the Early Access Period, but shall not be required to pay Base Monthly Rent, property management fees or Tenant’s Allocable Share of Operating Costs during the Early Access Period. Notwithstanding the foregoing, in no event shall Tenant occupy any portion of the Premises for the conduct of its business unless and until Tenant has obtained a certificate of occupancy or equivalent governmental authorization for the conduct of its business therein, but if such certificate of occupancy or equivalent governmental authorization is obtained Tenant shall have the right to conduct its business in the Premises during the Early Occupancy Period without being required to pay Base Monthly Rent or property management fees, but Tenant shall be required to pay Tenant’s Allocable Share of Operating Costs from and after the date that Tenant commences to conduct its business in any portion of the Premises. In no event shall Tenant have any early entry right with respect to the Amenities Building or any right to use the Amenities Building before the Amenities Building Work (defined in Section 6.A below) has been Substantially Completed. In addition to all other sums payable by Tenant under this Lease, Tenant shall pay as base monthly rent (“Base Monthly Rent”) for the Premises the following amounts, which amounts set forth shall be subject to adjustment as described elsewhere in Paragraph 15 of this Lease: Month (starting on the Basic Lease Information Sheet for each partial or first (1st full calendar month, subject to proration as described below. Base Monthly Rent shall be due in advance on or before the first day of each calendar month during the Lease Term. All sums payable by Tenant under this Lease shall be paid to Landlord in lawful money of the United States of America, without offset or deduction and except as otherwise expressly provided in this Lease without prior notice or demand, at the address specified in Paragraph 7 of the Basic Lease Information Sheet or at such place or places as may be designated in writing by Landlord during the Lease Term. Base Monthly Rent for any period less than a calendar month shall be a pro rata portion of the monthly installment based on the number of days in the partial calendar month; provided that if this Lease terminates due to Tenant’s default, Tenant shall not be relieved of the obligation to pay future accruing rent, and the provisions of Section 14 shall control. Notwithstanding any provision of the Existing Lease or this Lease to the contrary, upon execution of this Lease by Landlord and Tenant, resulting in the termination of the Existing Lease and the effectiveness of this Lease, for purposes of proration under the Existing Lease and this Lease, the day immediately preceding the Commencement Date shall be treated as the last day of the Existing Lease, and the Commencement Date shall be treated as the first full day of the Lease Term. Any prorated portion of rents paid by Tenant under the Existing Lease which are attributable to the period on or after the Commencement Date shall be applied against rents due under this Lease as such rents become due under this Lease, until credited in full, ) Base Monthly Rent 1-6 Zero Dollars ($0.00) 7 Nine Hundred Seventy Thousand One Hundred Fifty Seven Dollars and Landlord shall not be required to return such applied amounts to Tenant under the Existing Lease or otherwise.Sixty Five Cents ($970,157.65) 8 Five Hundred Seventy Thousand One Hundred Fifty Seven Dollars and Sixty Five Cents ($570,157.65)
Appears in 1 contract
Samples: Lease Agreement (ServiceNow, Inc.)
Term; Base Monthly Rent. The Lease term (“Lease Term”) shall be for Ninety Six (96) months, commencing on the period described in Paragraph 14 earlier of (i) October 1, 2014, or (ii) the date that Tenant begins to conduct its business within any portion of the Basic Lease Information Sheet, commencing immediately upon the effectiveness of this Lease as described in Section 2 abovePremises (“Commencement Date”), and ending on April 30, 2027 ninety six (96) months thereafter (“Expiration Date”). Upon determination of the Commencement Date and Expiration Date, Landlord and Tenant shall memorialize the actual Commencement Date and Expiration Date in writing promptly following request by one of the Parties to the other of the Parties. Notwithstanding the Parties’ agreement that the Lease Term begins on the Commencement Date, this Lease and all of the obligations of Landlord and Tenant shall be binding and in full force and effect from and after the Effective Date. Landlord agrees to allow Tenant access to the Premises from and after full execution of this Lease, for design and installation of Tenant’s furniture, fixtures, cabling, equipment and Tenant Improvements, including installation and operation of servers that serve both the Building and the Adjacent Building; provided, that such early access by Tenant shall in no way materially interfere with or cause delays in the completion of Landlord’s Work. Any such early access or occupancy by Tenant shall be subject to extension the terms and conditions of this Lease (including, without limitation, any required insurance coverage) except that Tenant shall not be required to pay Base Monthly Rent or sooner termination Reimbursable Operating Costs during or with respect to such early access period, unless and until Tenant begins to conduct its business within any portion of the Premises. From and after the date that Tenant first enters the Premises to begin any demolition, construction or installation work, Tenant shall reimburse Landlord not later than ten (10) business days after demand, for all utilities consumed at the Premises. Entry to the Premises before the Commencement Date merely to measure the space or design its Tenant Improvements, without any demolition, construction or installation work having commenced, shall not trigger the obligation of Tenant to pay for utilities consumed in the Premises before the Commencement Date. Entry to the Premises before the Commencement Date for the purpose of designing or constructing its Tenant Improvements, installing its furniture, fixtures, cabling or equipment or otherwise preparing the Premises for occupancy (including the installation and operation of servers within the server room existing in the Premises as described in this Leaseof the Effective Date, which servers may serve both the Building and the Adjacent Building) shall not constitute the conduct of Tenant’s business within the Premises. In addition to all other sums payable by Tenant under this Lease, Tenant shall pay as base monthly rent (“Base Monthly Rent”) for the Premises the following amounts set forth in Paragraph 15 accordance with the following schedule: 1-12* $ 121,968.00 13-24 $ 251,256.00 25-36 $ 258,794.00 37-48 $ 266,558.00 49-60 $ 274,555.00 61-72 $ 282,791.00 73-84 $ 291,275.00 85-96 $ 300,013.00 *Base Monthly Rent and Reimbursable Operating Costs shall be computed for the first twelve (12) months based on 55,440 rentable square feet unless and until Tenant has begun to occupy more than 55,440 rentable square feet in the Building for the conduct of its business during those first twelve (12) months, at which time Base Monthly Rent shall increase to Two Hundred Forty Three Thousand Nine Hundred Thirty Eight Dollars and Twenty Cents ($243,938.20) for the balance of such twelve (12) month period and Tenant shall in addition be required to pay Tenant’s Allocable Share of Reimbursable Operating Costs for the balance of such twelve (12) month period computed based on One Hundred Ten Thousand Eight Hundred Eighty One (110,881) rentable square feet. Notwithstanding the foregoing, if the first day of the Basic Lease Information Sheet for each partial or full Term is not the first day of the calendar month, subject then the first (1st) month of the Lease Term shall be deemed to proration as described belowconsist of the first partial calendar month and the first full calendar month of the Lease Term. Base Monthly Rent shall be due in advance on or before the first day of each calendar month during the Lease Term. All sums payable by Tenant under this Lease shall be paid to Landlord in lawful money of the United States of America, without offset or deduction and except as otherwise expressly provided in this Lease without prior notice or demand, at the address specified in Paragraph 7 Section 1 of the Basic this Lease Information Sheet or at such place or places as may be designated in writing by Landlord during the Lease Term. Base Monthly Rent for any period less than a calendar month shall be a pro rata portion of the monthly installment based on the number of days in the partial calendar month; provided that if this Lease terminates due to Tenant’s default, Tenant shall not be relieved of the obligation to pay future accruing rent, and the provisions of Section 14 13 shall control. Notwithstanding any provision of the Existing Lease or this Lease to the contrary, upon Concurrently with Tenant’s execution of this Lease by Landlord and Tenant, resulting in the termination of the Existing Lease and the effectiveness of this Lease, for purposes Tenant shall pay to Landlord the sum of proration under the Existing Lease and this Lease, the day immediately preceding One Hundred Twenty One Thousand Nine Hundred Sixty Eight Dollars ($121,968) as a deposit to be applied on the Commencement Date shall be treated as against the last day of the Existing Lease, and the Commencement Date shall be treated as Base Monthly Rent due for the first full day month of the Lease Term. Any prorated portion of rents paid by Tenant under the Existing Lease which are attributable to the period on or after the Commencement Date shall be applied against rents due under this Lease as such rents become due under this Lease, until credited in full, and Landlord shall not be required to return such applied amounts to Tenant under the Existing Lease or otherwise.
Appears in 1 contract
Samples: Lease Agreement (Cavium, Inc.)