Variable Rent i. From and after the date hereof, for purposes of any calculation of Variable Rent under the Lease, including any adjustments in Variable Rent based on increases or decreases in Net Revenue, such calculations of Net Revenue shall exclude Net Revenue attributable to the Xxxxxx’x Xxxx Facility.
Variable Rent. During the term of this Sublease, Brillian covenants and agrees to pay to TFS, without deduction or setoff of any kind, the monthly costs actually incurred for the items enumerated in Exhibit F to this Sublease (“Variable Services Rent”). Brillian shall pay to TFS this amount within fifteen (15) days from the receipt of an invoice from TFS.
Variable Rent. From and after the Bluegrass Downs Severance Date, for purposes of any calculation of Variable Rent under the Lease, including any adjustments in Variable Rent based on increases or decreases in Net Revenue, such calculations of Net Revenue shall exclude Net Revenue attributable to the Bluegrass Downs Facility.
Variable Rent i. From and after the date hereof, for purposes of any calculation of Variable Rent under the Lease, including any adjustments in Variable Rent based on increases or decreases in Net Revenue, such calculations of Net Revenue shall exclude Net Revenue attributable to the Southern Indiana Facility.
Variable Rent. Section 4(c) of the Amended Lease Agreement is hereby amended to read in its entirety as follows:
Variable Rent. (i) The Variable Rent for each Leased System shall be based on the Key Cards delivered for use with respect to the Leased System. The Variable Rent shall be equal to $25 for each BriteSmile Procedure that would be able to be performed on such System by fully using all Key Cards delivered during the preceding month for use with such System or $125 for each standard 5-Procedure Key Card that is delivered. Payment of such Variable Rent shall be made on the 40th day following the end of the month in which delivery of such Key Cards occurred.
Variable Rent. The variable rent shall be the equivalent of the amount resulting from applying the percentage of 95% (ninety-five percent) to the Gross Revenues of the Lessee generated in the relevant Lease Year, in the currency corresponding to such Gross Revenues (the “Variable Rent”). The Variable Rent shall be payable within the first three months following the end of each relevant fiscal year.
Variable Rent. In addition to the fixed rate described in section 3.1, additional rent will be charged in the event that the following annual thresholds are met: Up to 300 cars annually equals $2,500 per month 300 to 500 cars equal $[80] per additional car 500 to 800 cars equal $[60] per additional car 800 to 1200 cars equal $[40] per additional car 1200 to 1700 cars equal $[30] per additional car 1700 plus equals $[20] per additional car Lessee shall pay annually to Lessor variable rent for the previous calendar year (“Variable Rent”), no later than March 1 of each year. No Variable Rent shall be due from Lessee prior to March 1, 2019.
Variable Rent. In addition to the Fixed Rent payable hereunder, Lessee agrees to pay the Lessor “Variable Rent” (plus all applicable sales tax). Variable Rent shall consist of those charges allocable to the Premises such as real estate taxes, casualty, liability and loss of rent insurance, common area maintenance expenses, common area utilities, landscape maintenance and pest control, Variable Rent shall be calculated based on a calendar year provided that if a lease year begins other than on January 1 and ends other than December 31, then said first or last lease year, as the may be, shall be prorated accordingly with respect to determining the amount of Variable Rent payable for said partial lease year. During each lease year, Lessee shall pay to Lessor on the first day of each calendar month thereof, together with the monthly installment of Fixed Rent, an amount equal to 1/12 of the estimated amount of Variable Rent. The estimate for 2005 shall be based on the information shown in Exhibit “C” attached hereto and made a part hereof. As soon after the end of said calendar year as practical, Lessor shall deliver to the Lessee a statement showing the actual amount paid by the Lessor for the expenses included in Variable Rent and, to the extent that said actual amount of Variable Rent apply to Lessee, Lessee shall pay, within ten days after receipt of said statement, the excess amount of Variable Rent due Lessor. In the event that Lessee’s estimated payments exceed the actual amount of Variable Rent, then Lessor shall grant the Lessee a credit equal to said excess to be applied against the next payment of Lessee’s monthly payment of Fixed and Variable Rent. Lessee’s estimated monthly payments of Variable Rent shall be adjusted as of January 1 of each year to reflect an amount equal to 1/12 of the actual Variable Rent payable by Lessee to Lessor pursuant to the provisions hereof for the preceding calendar year adjusted by any increases or decreases in said expenses which can be definitely ascertained for the succeeding year. Lessee’s obligation to pay Variable Rent hereunder shall be treated with the same dignity as Lessee’s obligation to pay Fixed Rent hereunder and Lessor shall have all rights and remedies provided for in this Lease in the event Lessee fails to pay the Variable Rent.
Variable Rent. Lessee shall pay to Platform Owner the Variable Rent computed with respect to the activity recorded by Lessee with respect to each calendar quarter. Such Variable Rent shall be computed as follows:
