Total Rent. Tenant shall pay Base Rent plus TI Amortization, [defined in Addendum 1, par. 7] (collectively the "Total Rent") in the amount set forth above. The first month's Total Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Total Rent on or before the first day of each calendar month succeeding the Commencement Date. Payments of Total Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Total Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to abate, reduce, or set-off any rent due hereunder except as may be exxxxxxly provided in this Lease. Tenant waives and releases all statutory liens and offset rights as to rent. If Tenant is delinquent in any monthly installment of Total Rent or of estimated Operating Expenses beyond 5 days after the due date thereof, and after notice as provided below, Tenant shall pay to Landlord on demand a late charge equal to 5 percent of such delinquent sum. Tenant shall not be obligated to pay the late charge until Landlord has given Tenant 5 days written notice of the delinquent payment (which may be given at any time during the delinquency); provided, however, that such notice shall not be required more than once in any 12-month period or four times over the term of the Lease. The provision for such late charge shall be in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as a penalty or as limiting Landlord's remedies in any manner.
Appears in 1 contract
Samples: Lease Agreement (Celerity Group Inc)
Total Rent. Tenant shall pay Base 2.5.1 For all purposes of calculating and paying Minimum Rent plus TI Amortizationand Additional Rent under this Lease, [defined in Addendum 1, par. 7] the total of the Minimum Rent and Additional Rent (collectively the "Total RentTOTAL RENT") payable by Tenant in any Lease Year will not be less than the amount set forth above. The first month's Total RentRent paid by Tenant for the previous Lease Year.
2.5.2 Notwithstanding any of the other terms of this Section 2 but subject to Section 2.5.3 below, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Total Rent on or before due during each Lease Year shall not increase from one Lease Year to the first day next by an amount in excess of each calendar month succeeding (i) two and one-half percent (2.5%), multiplied by (ii) the Commencement Date. Payments of Total Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. due during the immediately preceding Lease Year.
2.5.3 The obligation terms of Tenant to pay Total Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant Section 2.5.2 above shall have no right at applicability in determining the calculation of the Minimum Rent due during the first Lease Year of any time to abate, reduce, or set-off any rent due hereunder except as may be exxxxxxly provided in this Lease. Tenant waives and releases all statutory liens and offset rights as to rent. If Tenant is delinquent in any monthly installment Renewal Term.
2.5.4 Within sixty (60) days of Total Rent or the end of estimated Operating Expenses beyond 5 days after the due date thereof, and after notice as provided beloweach Lease Year, Tenant shall pay deliver to Landlord on demand a late charge equal to 5 percent report in a form mutually agreed upon by Landlord and Tenant, certified by an officer or general partner of such delinquent sumTenant, as applicable, setting forth the calculations required by the application of this Section 2.5. If said report provides that Tenant owes Landlord any sum of money, Tenant shall not accompany such report delivered to Landlord with such funds. If said report provides that Landlord owes Tenant any sum of money, such sum shall be obligated applied as a credit against future installments of Minimum Rent and Additional Rent due from Tenant to pay the late charge until Landlord has given Tenant 5 days written notice of the delinquent payment (which may be given at any time during the delinquency)Landlord; provided, however, that if such notice shall not be required more than once in any 12-month period or four times over sum is owed by Landlord to Tenant with respect to the term last Lease Year of the Lease. The provision for Term, Landlord shall pay such late charge shall be in addition sum to all Tenant within thirty (30) days of Landlord's other rights receipt of the report in question.
2.5.5 For the purpose of comparing the Total Rent from Lease Year to Lease Year pursuant to this Section 2.5, the increase in Minimum Rent by reason of any disbursement by Landlord pursuant to Section 5.7 of the Lease or pursuant to the Development Addendum shall be treated as follows: (i) for the purpose of comparing the Total Rent in the Lease Year in which such disbursement is made against the Total Rent in the preceding Lease Year, such increase in Minimum Rent shall be ignored, and remedies hereunder or at law and (ii) for the purpose of comparing the Total Rent in the Lease Year in which such disbursement is made to the Total Rent in the following Lease Year, such increase in Minimum Rent shall not be construed as a penalty or as limiting Landlord's remedies deemed effective on the first day of the Lease Year in any mannerwhich the disbursement is made.
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Total Rent. Tenant shall pay Base Rent plus TI Amortization, [defined in Addendum 1I, par. 7] (collectively the "Total Rent") in the amount set forth above. The first month's Total Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Total Rent on or before the first day of each calendar month succeeding the Commencement Date. Payments of Total Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Total Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to abatexxxxx, reduce, or set-off any rent due hereunder except as may be exxxxxxly expressly provided in this Lease. Tenant waives and releases all statutory liens and offset rights as to rent. If Tenant is delinquent in any monthly installment of Total Rent or of estimated Operating Expenses beyond 5 days after the due date thereof, and after notice as provided below, Tenant shall pay to Landlord on demand a late charge equal to 5 percent of such delinquent sum. Tenant shall not be obligated to pay the late charge until Landlord has given Tenant 5 days written notice of the delinquent payment (which may be given at any time during the delinquency); provided, however, that such notice shall not be required more than once in any 12-month period or four times over the term of the Lease. The provision for such late charge shall be in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as a penalty or as limiting Landlord's remedies in any manner.
Appears in 1 contract
Samples: Lease Agreement
Total Rent. Tenant shall pay Base Rent plus TI Amortization, [defined in Addendum 1I, par. 7] (collectively the "Total Rent") in the amount set forth above. The first month's Total Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Total Rent on or before the first day of each calendar month succeeding the Commencement Date. Payments of Total Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. The obligation of Tenant to pay Total Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to abate, reduce, or set-off any rent due hereunder except as may be exxxxxxly provided in this Lease. Tenant waives and releases all statutory liens and offset rights as to rent. If Tenant is delinquent in any monthly installment of Total Rent or of estimated Operating Expenses beyond 5 days after the due date thereof, and after notice as provided below, Tenant shall pay to Landlord on demand a late charge equal to 5 percent of such delinquent sum. Tenant shall not be obligated to pay the late charge until Landlord has given Tenant 5 days written notice of the delinquent payment (which may be given at any time during the delinquency); provided, however, that such notice shall not be required more than once in any 12-month period or four times over the term of the Lease. The provision for such late charge shall be in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as a penalty or as limiting Landlord's remedies in any manner.
Appears in 1 contract
Samples: Lease Agreement (Celerity Group Inc)
Total Rent. Tenant shall pay Base 2.5.1 For all purposes of calculating and paying Minimum Rent plus TI Amortizationand Additional Rent under this Lease, [defined in Addendum 1, par. 7] the total of the Minimum Rent and Additional Rent (collectively the "Total RentTOTAL RENT") payable by Tenant in any Lease Year will not be less than the amount set forth above. The first month's Total RentRent paid by Tenant for the previous Lease Year.
2.5.2 Notwithstanding any of the other terms of this Section 2 but subject to Section 2.5.3 below, the Security Deposit, and the first monthly installment of estimated Operating Expenses (as hereafter defined) shall be due and payable on the date hereof, and Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Total Rent on or before due during each Lease Year shall not increase from one Lease Year to the first day next by an amount in excess of each calendar month succeeding (i) two and one-half percent (2.5%), multiplied by (ii) the Commencement Date. Payments of Total Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord hereunder shall be payable at such address as Landlord may specify from time to time by written notice delivered in accordance herewith. due during the immediately preceding Lease Year.
2.5.3 The obligation terms of Tenant to pay Total Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant Section 2.5.2 above shall have no right at applicability in determining the calculation of the Minimum Rent due during the first Lease Year of any time to abate, reduce, or set-off any rent due hereunder except as may be exxxxxxly provided in this Lease. Tenant waives and releases all statutory liens and offset rights as to rent. If Tenant is delinquent in any monthly installment Renewal Term.
2.5.4 Within sixty (60) days of Total Rent or the end of estimated Operating Expenses beyond 5 days after the due date thereof, and after notice as provided beloweach Lease Year, Tenant shall pay deliver to Landlord on demand a late charge equal to 5 percent report in a form mutually agreed upon by Landlord and Tenant, certified by an officer or general partner of such delinquent sumTenant, as applicable, setting forth the calculations required by the application of this Section 2.5. If said report provides that Tenant owes Landlord any sum of money, Tenant shall not accompany such report delivered to Landlord with such funds. If said report provides that Landlord owes Tenant any sum of money, such sum shall be obligated applied as a credit against future installments of Minimum Rent and Additional Rent due from Tenant to pay the late charge until Landlord has given Tenant 5 days written notice of the delinquent payment (which may be given at any time during the delinquency)Landlord; provided, however, that if such notice shall not be required more than once in any 12-month period or four times over sum is owed by Landlord to Tenant with respect to the term last Lease Year of the Lease. The provision for Term, Landlord shall pay such late charge shall be in addition sum to all Tenant within thirty (30) days of Landlord's other rights receipt of the report in question.
2.5.5 For the purpose of comparing the Total Rent from Lease Year to Lease Year pursuant to this Section 2.5, the increase in Minimum Rent by reason of any disbursement by Landlord pursuant to Section 5.7 of the Lease shall be treated as follows: (i) for the purpose of comparing the Total Rent in the Lease Year in which such disbursement is made against the Total Rent in the preceding Lease Year, such increase in Minimum Rent shall be ignored, and remedies hereunder or at law and (ii) for the purpose of comparing the Total Rent in the Lease Year in which such disbursement is made to the Total Rent in the following Lease Year, such increase in Minimum Rent shall not be construed as a penalty or as limiting Landlord's remedies deemed effective on the first day of the Lease Year in any mannerwhich the disbursement is made.
Appears in 1 contract
Samples: Lease and Security Agreement (American Retirement Corp)