Common use of Total Base Rent Clause in Contracts

Total Base Rent. The Total Base Rent shall be the total sum paid by the District for the Project, in the form of Lease Payments under the terms of this Facilities Lease. The Total Base Rent for the Project shall not be exceeded except as specified under the provisions of this Article 4 and/or Exhibit D. The Total Base Rent for the lease of the Project is subject to the provisions of any Contingency Funds set forth in this Article 4. 4.4.2.1 The Entity has prepared a detailed line item costing of the Total Base Rent (TBR), including the Entity’s fee and any financing costs, which is attached to the Lease Payment Schedule. In the event any of the costs included in the TBR (excluding the Entity’s General Condition costs) are reduced subsequent to the District’s approval, the savings shall be disclosed by the Entity to the District and shall be distributed in equal parts to the Construction Contingency and to the District’s Contingency. Entity’s failure to disclose the savings shall be a material breach of this Agreement. All parties acknowledge that the Total Base Rent is based on the Plans and Specifications for the Project as approved or amended by DSA or as amended by mutual agreement of the Entity and the District. 4.4.2.2 The Total Base Rent will only be subject to change, as described in Exhibit D, for change orders and/or any other changes directed by the District or for Compensable Time Extensions. 4.4.2.3 Because satisfactory completion of the Project and the District’s rights under this Facilities Lease are essential to the District’s educational services, rights of quiet enjoyment, and other rights of tenancy, in addition to any other rights the District enjoys under California law, the District may withhold from any Lease Payment sufficient amount (a maximum of 150%) as in its reasonable judgment may be necessary to cover: (1) Failure of the Entity to comply with its obligations under this Facilities Lease, including its exhibits; (2) Breaches or interferences by the Entity of the District’s rights of quiet enjoyment and other rights of tenancy permitted under California law; (3) Failure of the Entity to give the District timely occupancy of the Site and/or the Project; (4) Payments which may be past due and payable for just claims against the Entity or any subcontractors for labor/materials furnished in and about the performance of work on the Project; (5) Defective work not remedied; (6) Completion of the Project if there exists a reasonable doubt that the Project can be completed for the balance of the unpaid Lease Payments; and/or (7) Damage to another contractor. Upon the Entity’s removal of the condition upon which the withholding is based, the District shall promptly pay the withheld amount to the Entity. 4.4.2.4 The Total Base Rent includes: 4.4.2.4.1 Construction Contingency Fund in the amount of which, except as set forth herein, shall cover all additional or extra

Total Base Rent. The Total Base Rent shall be the total sum paid by the District for Phase II of the Project, in the form of Lease Payments under the terms of this Facilities Lease. The Total Base Rent for the Project shall not be exceeded except as specified under the provisions of this Article 4 and/or Exhibit D. The Total Base Rent for the lease of the Project is [to be added by addendum]_Dollars ($ .00) subject to the provisions of any Contingency Funds set forth in this Article 4. 4.4.2.1 The Entity has prepared shall prepare a detailed line item costing of the Total Base Rent (TBR), including the Entity’s fee and any financing costs, which is and, once agreed to by the District, it shall be attached to the Lease Payment Schedule. In However, in the event any of the costs included in the TBR (excluding the Entity’s General Condition costs) are reduced subsequent to the District’s approval, the savings shall be disclosed by the Entity to the District and shall be distributed in equal parts to the Construction Contingency and to the District’s Contingency. Entity’s failure to disclose the savings shall be a material breach of this Agreement. All parties acknowledge that the Total Base Rent is based on the Plans and Specifications for the Project as approved or amended by DSA or as amended by mutual agreement of the Entity and the District. 4.4.2.2 The Total Base Rent will only be subject to change, as described in Exhibit D, for change orders and/or any other changes directed by the District or for Compensable Time Extensions. 4.4.2.3 Because satisfactory completion of the Project and the District’s rights under this Facilities Lease are essential to the District’s educational services, rights of quiet enjoyment, and other rights of tenancy, in addition to any other rights the District enjoys under California law, the District may withhold from any Lease Payment sufficient amount (a maximum of 150%) as in its reasonable judgment may be necessary to cover: (1) Failure of the Entity to comply with its obligations under this Facilities Lease, including its exhibits; (2) Breaches or interferences by the Entity of the District’s rights of quiet enjoyment and other rights of tenancy permitted under California law; (3) Failure of the Entity to give the District timely occupancy of the Site and/or the Project; (4) Payments which may be past due and payable for just claims against the Entity or any subcontractors for labor/materials furnished in and about the performance of work on the Project; (5) Defective work not remedied; (6) Completion of the Project if there exists a reasonable doubt that the Project can be completed for the balance of the unpaid Lease Payments; and/or (7) Damage to another contractor. Upon the Entity’s removal of the condition upon which the withholding is based, the District shall promptly pay the withheld amount to the Entity. 4.4.2.4 The Total Base Rent includes: 4.4.2.4.1 Construction Contingency Fund in the amount of [to be added by addendum] Dollars and no cents ($ .00), which, except as set forth herein, shall cover all additional or extraextra Costs of the

Total Base Rent. The Total Base Rent shall be the total sum paid by the District for Phase II of the Project, in the form of Lease Payments under the terms of this Facilities Lease. The Total Base Rent for the Project shall not be exceeded except as specified under the provisions of this Article 4 and/or Exhibit D. The Total Base Rent for the lease of the Project is Two Million Dollars and No Cents ($2,000,000.00) subject to the provisions of any Contingency Funds set forth in this Article 4. 4.4.2.1 The Entity has prepared shall prepare a detailed line item costing of the Total Base Rent (TBR), including the Entity’s fee and any financing costs, which is and, once agreed to by the District, it shall be attached to the Lease Payment Schedule. In However, in the event any of the costs included in the TBR (excluding the Entity’s General Condition costs) are reduced subsequent to the District’s approval, the savings shall be disclosed by the Entity to the District and shall be distributed in equal parts to the Construction Contingency and to the District’s Contingency. Entity’s failure to disclose the savings shall be a material breach of this Agreement. All parties acknowledge that the Total Base Rent is based on the Plans and Specifications for the Project as approved or amended by DSA or as amended by mutual agreement of the Entity and the District. 4.4.2.2 The Total Base Rent will only be subject to change, as described in Exhibit D, for change orders and/or any other changes directed by the District or for Compensable Time Extensions. 4.4.2.3 Because satisfactory completion of the Project and the District’s rights under this Facilities Lease are essential to the District’s educational services, rights of quiet enjoyment, and other rights of tenancy, in addition to any other rights the District enjoys under California law, the District may withhold from any Lease Payment sufficient amount (a maximum of 150%) as in its reasonable judgment may be necessary to cover: (1) Failure of the Entity to comply with its obligations under this Facilities Lease, including its exhibits; (2) Breaches or interferences by the Entity of the District’s rights of quiet enjoyment and other rights of tenancy permitted under California law; (3) Failure of the Entity to give the District timely occupancy of the Site and/or the Project; (4) Payments which may be past due and payable for just claims against the Entity or any subcontractors for labor/materials furnished in and about the performance of work on the Project; (5) Defective work not remedied; (6) Completion of the Project if there exists a reasonable doubt that the Project can be completed for the balance of the unpaid Lease Payments; and/or (7) Damage to another contractor. Upon the Entity’s removal of the condition upon which the withholding is based, the District shall promptly pay the withheld amount to the Entity. 4.4.2.4 The Total Base Rent includes: 4.4.2.4.1 Construction Contingency Fund in the amount of Forty One Thousand Seven Hundred Eighty One Dollars and Thirty Six Cents ($41,781.36) which, except as set forth herein, shall cover all additional or extraextra Costs of the Work set forth in the Contract Documents as a result of all conditions and events that do not entitle Entity to a change order in accordance with Exhibit D, Article 15.01

Total Base Rent. The Total Base Rent TBR shall be the total sum paid by the District for the Project, excluding Preconstruction Services, in the form of Lease Payments under the terms of this Facilities Lease. The Total Base Rent TBR for the Project shall not be exceeded except as specified under the provisions of this Article 4 and/or Exhibit D. The Total Base Rent TBR for the lease of the Project is [to be added by Amendment] Dollars ($_TBD_.00) subject to the provisions of any Contingency Funds set forth in this Article 4. 4.4.2.1 The Entity has prepared shall prepare a detailed line item costing of the Total Base Rent (TBR), including the Entity’s fee and any financing costs, which is and, once agreed to by the District, it shall be attached to the Lease Payment Schedule. In However, in the event any of the costs included in the TBR (excluding the Entity’s General Condition costs) are reduced subsequent to the District’s approval, the savings shall be disclosed by the Entity to the District and shall be distributed in equal parts to the Construction Contingency and to the District’s Contingency. Entity’s failure to disclose the savings shall be a material breach of this Agreement. All parties acknowledge that the Total Base Rent is based on the Plans and Specifications for the Project as approved or amended by DSA or as amended by mutual agreement of the Entity and the District. 4.4.2.2 The Total Base Rent TBR will only be subject to change, change only as described in Exhibit D, for change orders and/or any other changes directed by the District or for Compensable Time Extensions. 4.4.2.3 Because satisfactory completion of the Project and the District’s rights under this Facilities Lease are essential to the District’s educational services, rights of quiet enjoyment, and other rights of tenancy, in addition to any other rights the District enjoys under California law, the District may withhold from any Lease Payment sufficient amount (a maximum of 150%) as in its reasonable judgment may be necessary to cover: (1) Failure of the Entity to comply with its obligations under this Facilities Lease, including its exhibits; (2) Breaches or interferences by the Entity of the District’s rights of quiet enjoyment and other rights of tenancy permitted under California law; (3) Failure of the Entity to give the District timely occupancy of the Site and/or the Project; (4) Payments which may be past due and payable for just claims against the Entity or any subcontractors for labor/materials furnished in and about the performance of work on the Project; (5) Defective work not remedied; (6) Completion of the Project if there exists a reasonable doubt that the Project can be completed for the balance of the unpaid Lease Payments; and/or; (7) Damage to another contractor; (8) Potential fees or penalties that may be due in connection with any failure to construct the Project in accordance with the terms of this Facilities Lease and the law. Upon the Entity’s removal of the condition upon which the withholding is based, the District shall promptly pay the withheld amount to the Entity. 4.4.2.4 The Total Base Rent includes: 4.4.2.4.1 Construction Contingency Fund in the amount of which, except as set forth herein, shall cover all additional or extra

Total Base Rent. The Total Base Rent TBR shall be the total sum paid by the District for the Project, excluding Preconstruction Services, in the form of Lease Payments under the terms of this Facilities Lease. The Total Base Rent TBR for the Project shall not be exceeded except as specified under the provisions of this Article 4 and/or Exhibit D. The Total Base Rent TBR for the lease of the Project is [to be added by Amendment] Dollars ($_TBD_.00) subject to the provisions of any Contingency Funds set forth in this Article 4. 4.4.2.1 The Entity has prepared shall prepare a detailed line item costing of the Total Base Rent (TBR), including the Entity’s fee and any financing costs, which is and, once agreed to by the District, it shall be attached to the Lease Payment Schedule. In However, in the event any of the costs included in the TBR (excluding the Entity’s General Condition costs) are reduced subsequent to the District’s approval, the savings shall be disclosed by the Entity to the District and shall be distributed in equal parts to the Construction Contingency and to the District’s Contingency. Entity’s failure to disclose the savings shall be a material breach of this Agreement. All parties acknowledge that the Total Base Rent is based on the Plans and Specifications for the Project as approved or amended by DSA or as amended by mutual agreement of the Entity and the District. 4.4.2.2 The Total Base Rent TBR will only be subject to change, change only as described in Exhibit D, for change orders and/or any other changes directed by the District or for Compensable Time Extensions. 4.4.2.3 Because satisfactory completion of the Project and the District’s rights under this Facilities Lease are essential to the District’s educational services, rights of quiet enjoyment, and other rights of tenancy, in addition to any other rights the District enjoys under California law, the District may withhold from any Lease Payment sufficient amount (a maximum of 150%) as in its reasonable judgment may be necessary to cover: (1) Failure of the Entity to comply with its obligations under this Facilities Lease, including its exhibits; (2) Breaches or interferences by the Entity of the District’s rights of quiet enjoyment and other rights of tenancy permitted under California law; (3) Failure of the Entity to give the District timely occupancy of the Site and/or the Project; (4) Payments which may be past due and payable for just claims against the Entity or any subcontractors for labor/materials furnished in and about the performance of work on the Project; (5) Defective work not remedied; (6) Completion of the Project if there exists a reasonable doubt that the Project can be completed for the balance of the unpaid Lease Payments; and/or; (7) Damage to another contractor; (8) Potential fees or penalties that may be due in connection with any failure to construct the Project in accordance with the terms of this Facilities Lease and the law. Upon the Entity’s removal of the condition upon which the withholding is based, the District shall promptly pay the withheld amount to the Entity. 4.4.2.4 The Total Base Rent includes: 4.4.2.4.1 Construction Contingency Fund in the amount of [to be added by Amendment] dollars and no cents ($_TBD_.00), which, except as set forth herein, shall cover all additional or extraextra Costs of the Work set forth in the Contract Documents as a result of all conditions and events that do not entitle Entity to a change order in accordance with Exhibit D, Article 15.01

Total Base Rent. The Total Base Rent shall be the total sum paid by the District for the Project, in the form of Lease Payments under the terms of this Facilities Lease. The Total Base Rent for the Project shall not be exceeded except as specified under the provisions of this Article 4 and/or Exhibit D. The Total Base Rent for the lease of the Project is Forty Two Million Six Hundred Nine Thousand One Hundred Thirty One Dollars ($42,609,131.00) subject to the provisions of any Contingency Funds set forth in this Article 4. 4.4.2.1 The Entity has prepared shall prepare a detailed line item costing of the Total Base Rent (TBR), including the Entity’s fee and any financing costs, which is and, once agreed to by the District, it shall be attached to the Lease Payment Schedule. In However, in the event any of the costs included in the TBR (excluding the Entity’s General Condition costs) are reduced subsequent to the District’s approval, the savings shall be disclosed by the Entity to the District and shall be distributed in equal parts to the Construction Contingency and to the District’s Contingency. Entity’s failure to disclose the savings shall be a material breach of this Agreement. All parties acknowledge that the Total Base Rent is based on the Plans and Specifications for the Project as approved or amended by DSA or as amended by mutual agreement of the Entity and the District. 4.4.2.2 The Total Base Rent will only be subject to change, as described in Exhibit D, for change orders and/or any other changes directed by the District or for Compensable Time Extensions. 4.4.2.3 Because satisfactory completion of the Project and the District’s rights under this Facilities Lease are essential to the District’s educational services, rights of quiet enjoyment, and other rights of tenancy, in addition to any other rights the District enjoys under California law, the District may withhold from any Lease Payment sufficient amount (a maximum of 150%) as in its reasonable judgment may be necessary to cover: (1) Failure of the Entity to comply with its obligations under this Facilities Lease, including its exhibits; (2) Breaches or interferences by the Entity of the District’s rights of quiet enjoyment and other rights of tenancy permitted under California law; (3) Failure of the Entity to give the District timely occupancy of the Site and/or the Project; (4) Payments which may be past due and payable for just claims against the Entity or any subcontractors for labor/materials furnished in and about the performance of work on the Project; (5) Defective work not remedied; (6) Completion of the Project if there exists a reasonable doubt that the Project can be completed for the balance of the unpaid Lease Payments; and/or (7) Damage to another contractor. Upon the Entity’s removal of the condition upon which the withholding is based, the District shall promptly pay the withheld amount to the Entity. 4.4.2.4 The Total Base Rent includes: 4.4.2.4.1 Construction Contingency Fund in the amount of which, except as set forth herein, shall cover all additional or extra