Common use of Additional Rent Clause in Contracts

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord as additional rent ("Additional Rent") the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 2 contracts

Sources: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's ’s Proportionate share of all Project Maintenance Costs. Landlord may b▇▇▇ Tenant, on a periodic basis not more frequently than monthly, Tenant’s Proportionate Share of all Operating Expenses (such costs as defined in Article 13)paid or incurred by Landlord, and Tenant shall pay to Landlord such share of such costs together with an accounting fee equal to five percent of the amount so billed within ten days from the date Landlord shall have billed Tenant for same. B. Tenant’s Proportionate Share of Landlord’s Insurance Costs and Real Property Taxes plus an accounting fee equal to five percent of such amount. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇b▇▇▇ to Tenanttenant, on a periodic basis not more frequently than monthly, Tenant's ’s Proportionate Share of such expenses (Landlord’s Insurance Costs or group of expenses) Real Property Taxes, as paid or incurred by LandlordLandlord during the current period together with an accounting fee equal to five percent of the amount billed, and Tenant shall pay such share of such expenses within thirty (30) ten days after receipt of a written ▇b▇▇▇ therefore from Landlord; and/oror (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or and/or Real Property Taxes) which Taxes it anticipates will be paid or incurred for the ensuing ensuring calendar or fiscal year, as Landlord may determinethe case requires, and Tenant shall pay Tenant's its Proportionate Share of such expenses for such year year, together with an accounting fee equal to five percent of the estimated amount, in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Tenants its Proportionate Share of such expenses or the periodic basis on which such expenses increases are billed. B. C. Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. D. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. E. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 2 contracts

Sources: Industrial Space Lease (Adeza Biomedical Corp), Industrial Space Lease (Adeza Biomedical Corp)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred or to be incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to revise such estimate from time to time. Landlord initially elects to ▇▇▇▇ Tenant for Landlord’s Insurance Costs and Real Property Taxes in accordance with subparagraph (iii) above. Tenant hereby agrees that unless and until notified in writing by Landlord that Landlord has elected to contract and/or pay for any other services relating to the Real Property, Tenant shall contract directly with the applicable service providers, and pay directly, for all other services relating to the Real Property. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. So long as Tenant is paying any portion of Real Property Taxes directly to the applicable taxing authority, Landlord shall not also be collecting such portion from Tenant pursuant to Paragraph 3.2(a)(ii) above. In the event Tenant is responsible to pay taxes directly, Landlord shall have no obligation to make such payments, whether or not Landlord receives evidence of payment from Tenant, and Tenant shall in all cases be responsible for any fines, penalties, interest and damages for late payment.

Appears in 2 contracts

Sources: Lease Agreement (Switch & Data, Inc.), Lease (Switch & Data, Inc.)

Additional Rent. Commencing All sums payable by Tenant under this Lease other than Base Rent shall be deemed “Additional Rent;” the term “Rent” shall mean Base Rent and Additional Rent. Landlord shall estimate in advance and charge to Tenant the following costs, to be paid with the Base Rent on the Commencement Date (as determined pursuant to Section 2.3 above) and continuing a monthly basis throughout the Lease Term, in addition but commencing with the first day of the first month of the Lease Term: (i) all Real Property Taxes for which Tenant is liable under Sections 5.01 and 5.02 of this Lease, (ii) all utility costs (if utilities are not separately metered) for which Tenant is liable under Section 6.01 of this Lease, (iii) all insurance premiums for which Tenant is liable under Sections 7.01 and 7.06 of this Lease and (iv) all CAM Expenses for which Tenant is liable under Section 8.04 of this Lease. Collectively, the aforementioned Real Property Taxes, insurance, utility, and CAM Expenses shall be referred to as the Base Monthly Rent due “Total Operating Costs”. For reference purposes only and payable on and after the Rent Commencement Date, Tenant shall pay to not as any representation by Landlord as additional rent ("Additional Rent") to such information, the following amounts: A. Tenant's Proportionate Share of all 2010 budget for the Total Operating Expenses (Costs is attached hereto as defined in Article 13)Exhibit H and incorporated herein by this reference. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may adjust its estimates of Total Operating Costs at any time based upon ▇▇▇▇ ▇▇▇▇▇’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next Rent payment date after notice to Tenant. Within one hundred twenty (120) days after the end of each Fiscal Year during the Lease Term, on Landlord shall deliver to Tenant a periodic basis not more frequently than monthlystatement prepared in accordance with generally accepted accounting principles setting forth, Tenant's Proportionate Share of such expenses (or group of expenses) as in reasonable detail, the Total Operating Costs paid or incurred by Landlord, Landlord during the preceding Fiscal Year and Tenant shall pay such share ▇▇▇▇▇▇’s Pro Rata Share of such expenses within expenses. Within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share ▇▇▇’s receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) in order that Landlord shall receive the entire amount of Tenant’s Pro Rata of such costs and expenses for such year in equal monthly installments during such year with the installments of period. In addition to its obligation to pay Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Rent and its Pro Rata Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Total Operating Costs, Tenant is obligated required hereunder to pay or reimburse directly to its suppliers, vendors, carriers and contractors, certain insurance premiums, utility costs, personal property taxes, maintenance and repair costs and other expenses, collectively “Additional Expenses.” If Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to pays for any Additional Expenses in accordance with the terms of this Lease, Tenant’s obligation to reimburse such costs shall be an Additional Rent obligation payable in full with the next monthly Rent payment.

Appears in 2 contracts

Sources: Industrial Real Estate Lease (LENSAR, Inc.), Industrial Real Estate Lease (LENSAR, Inc.)

Additional Rent. Commencing on A. Tenant shall pay the Commencement Date following as Additional Rent: (i) 100% of any and all costs and expenses, whether considered Operating Costs (as determined pursuant herein defined) or otherwise, attributable solely to the Premises, or to Tenant’s use, or resulting from the actions or inactions of Tenant or those acting by, through, or under Tenant (subject to limitations set forth in Section 2.3 above15 hereof); (ii) the cost of utilities consumed within the Premises required to be paid by Tenant under Section 6 of this Lease; (iii) any increase in Real Estate Taxes (as herein defined) payable with respect to the Property, based upon Tenant’s Pro Rata Share, exceeding the Property Real Estate Taxes for the year ending June 30, 2015 (“Base Tax Year”); (iv) any increase in Operating Costs incurred by Landlord with respect to the Property and continuing throughout Building, based upon Tenant’s Pro Rata Share, exceeding the TermOperating Costs incurred by Landlord for the calendar year ending December 31, 2014 (“Base Operating Cost Year”); and (v) costs incurred by Landlord to repair items at the Property damaged by Tenant’s use. For the purpose of determining Operating Costs for the Base Operating Cost Year, in addition the event that less than ninety-five (95%) percent of the Building is occupied, costs which would be increased by additional occupancy, as reasonably determined by Landlord, shall be extrapolated to the Base reflect 95% occupancy. B. If, as and when requested by Landlord and with each Monthly Rent due and payable on and after the Rent Commencement DatePayment, Tenant shall make such payments in advance as Landlord shall reasonably request to be sufficient to pay as and when due, all Additional Rent required by Section 5.A hereof, and if Landlord does not request such advance payments Tenant shall be permitted to Landlord make estimated monthly payments on account of Additional Rent together with each Monthly Payment, with any adjustments paid or credited as additional rent ("applicable following Landlord’s reconciliation of Additional Rent") the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses Additional Rent to Landlord within thirty ten (3010) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) the date Landlord may deliver to invoices Tenant Landlord's reasonable estimate of for same, as adjusted for any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be amounts previously paid or incurred by Tenant for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with period covered by the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedinvoice. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 2 contracts

Sources: Sublease (Chiasma, Inc), Sublease (Chiasma, Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Article 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of or expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of identified expenses, which it reasonably anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly monthly, installments during such year with the installments of Base Monthly Rent. . (3) Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this LeaseLease other than late charges and interest on defaulted rent.

Appears in 2 contracts

Sources: Industrial Space Lease (Atroad Inc), Industrial Space Lease (Atroad Inc)

Additional Rent. Subject to Section 2.3, Commencing on the Lease Commencement Date (as determined pursuant to Section Article 2.3 above) November 1, 2014, and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall pay to Landlord without offset as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly monthly, installments during such year with the installments of Base Monthly Rent. . (3) Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this LeaseLease other than late charges and interest on defaulted rent.

Appears in 2 contracts

Sources: Industrial Space Lease (Corsair Gaming, Inc.), Industrial Space Lease (Corsair Gaming, Inc.)

Additional Rent. Commencing on A. As part of the Commencement Date (as determined pursuant to Section 2.3 above) consideration for the execution of this Lease Agreement, and continuing throughout the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Datespecified above, Tenant shall pay covenants and agrees to Landlord pay, for each calendar year during the Term, as additional rent ("the “Additional Rent") ”), Tenant’s pro rata share of the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13)hereinafter defined) for that year. Payment Tenant’s pro rata share shall be made by whichever a fraction, the numerator of which is the Net Rentable Area in the Manufacturing Space plus the Net Rentable Area of the following methods (or combination Interior Mechanical Space and the denominator of methods) which is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenantthe Net Rentable Area in the Building, excluding the Net Rentable Area of the Exterior Mechanical Space and any other exterior mechanical space in, on a periodic basis or about the Building, which shall not more frequently than monthlybe included in the calculation of Tenant’s pro rata share of Operating Expenses. Notwithstanding the foregoing sentence, in regards to the Interior Mechanical Space, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such ’s pro-rata share of Operating Expenses (i) shall not include a component for janitorial services for such expenses within thirty space, as janitorial services will not be furnished by Landlord to such space; and (30ii) days after receipt Tenant’s share of a written ▇▇▇▇ therefore from Landlord; and/or heating, ventilation and air conditioning (2“HVAC”) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, costs for such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates space will be paid or incurred for billed back in accordance with Exhibit H and H-1 of this Lease Agreement and will be equal to the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with HVAC costs attributable to the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedInterior Mechanical Space. B. Landlord's share All Operating Expenses shall be determined in accordance with generally accepted accounting principles, consistently applied and shall be computed on the accrual basis. The term “Operating Expenses” as used herein shall mean all expenses, costs and disbursements in connection with the ownership, operation, management, maintenance and repair of the consideration received by Tenant upon certain assignments Building, the Land, related pedestrian walkways, landscaping, fountains, roadways and sublettings parking facilities (including the Garage [as required by Article 7; C. Any legal fees defined on Exhibit C]), and costs that Tenant is obligated such additional facilities to pay service any of the foregoing in subsequent years as may be necessary or reimburse desirable in Landlord’s reasonable discretion (the Building, the Land and said additional facilities being hereinafter sometimes referred to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant as the “Complex”), including but not limited to the terms of this Lease.following:

Appears in 2 contracts

Sources: Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord as additional rent ("Additional Rent") the following amounts: A. Tenant's Proportionate Share all costs, expenses, taxes, and obligations of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ every kind and nature whatsoever relating to Tenant’s interest in the Premises and the appurtenances to and the use and occupancy thereof by Tenant or anyone claiming by, on a periodic basis not more frequently than monthlythrough or under Tenant hereunder which may arise or become due during or with respect to the Term (including all real estate taxes and insurance premiums, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred electricity, gas, water, sewer, telephone, refuse disposal, security, janitorial, waste disposal, and other charges for any similar utilities and services supplied to the Premises and actual out-of-pocket, costs payable by Landlord, Tenant or anyone claiming by, through or under Tenant as Tenant hereunder arising by virtue of Tenant’s use and occupancy of the Premises during the Term), provided that Landlord and Tenant shall pay such share pro-rate taxes and similar obligations that accrue for periods outside of, but are billed in, the Term. Any amount or payment obligation herein relating to the Premises that is not expressly declared in this Lease to be that of such expenses Landlord shall be deemed to be an obligation of Tenant to be performed by Tenant at Tenant’s expense. Tenant assumes the sole responsibility for the condition, use, operation, maintenance, repair, restoration and management of the Premises and Landlord shall have no responsibility in respect thereof except that Landlord shall be responsible for, and shall undertake at Landlord’s expense, all structural repairs or replacements; and, shall undertake all repairs to or replacement of mechanical, electrical, HVAC, plumbing or life safety systems in the building, in excess of Two Hundred Thousand Dollars ($200,000) in the aggregate. Notwithstanding the foregoing, the parties agree that Tenant may undertake emergency repairs without notice or delay, as necessary to maintain Tenant’s operations, and to the extent repairs are the responsibility of the Landlord, Landlord shall reimburse Tenant accordingly, within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate presentment of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred an invoice for the same. Should Landlord fail to reimburse Tenant as provided herein, Tenant may deduct unpaid sums from the next ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedRental installment(s). B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 2 contracts

Sources: Commercial Lease (Casella Waste Systems Inc), Commercial Lease (Casella Waste Systems Inc)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Term, in In addition to Tenant’s payment of the Base Monthly Rent due and payable on and after Triple Net Expenses related to the Rent Commencement DatePremises, as designated in Section 1.5 of the Summary, Tenant shall pay as Additional Rent to Landlord the following: Real Property Taxes and Assessments (as additional rent hereinafter defined), all operating expenses of any kind or nature which are necessary, ordinary or customarily incurred in connection with the operation, maintenance or repair of the Premises, including but not limited to Landlord’s cost of insurance, utilities and maintenance service for the Premises, as determined by Landlord ("collectively, the “Operating Expenses”), and the costs of the property management fee paid by Landlord to the property manager in an amount not to exceed three percent (3%) of Rent (including Monthly Basic Rent and Additional Rent", but excluding the cost of the property management fee itself) (the “Management Fee”). Notwithstanding the foregoing, the Management Fee shall include only 1.5% of real property taxes and assessments, rather than the full 3%, as provided above. During the Term of this Lease, Tenant shall pay (i) the following amounts: A. Tenant's Proportionate Share of all Management Fee and Operating Expenses (Expenses, as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred reasonably estimated by Landlord, in monthly installments, in the amount of Landlord’s estimate, in advance on the first day of each and every calendar month, without demand, notice, deduction or offset, and together with the Monthly Basic Rent; and (ii) the Real Property Taxes and Assessments within ten (10) days after delivery of an invoice by Landlord. Landlord shall endeavor to furnish to Tenant shall pay such share within a reasonable period after the end of such expenses the Term, a statement (a “Reconciliation Statement”) indicating in reasonable detail the actual cost of the Operating Expenses, the Management Fee and any additional Real Property Taxes and Assessments attributable to the Term, and the parties shall, within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver thereafter, make any payment or allowance necessary to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for adjust Tenant’s estimated payments to the ensuing calendar or fiscal yearactual cost thereof, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of indicated by such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedReconciliation Statement. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 2 contracts

Sources: Agreement of Purchase and Sale and Escrow Instructions (Synaptics Inc), Agreement of Purchase and Sale (Synaptics Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section 2.3 Article 2 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)Paragraph 13.12) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) are from time to time designated by Landlord: (1i) Landlord may ▇forward invoices or bills for such Property Operating Expenses to Tenant, and Tenant shall, no later than fifteen (15) days following receipt of such invoices or bills from Landlord, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may b▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses Property Operating Expenses (or group of expensesProperty Operating Expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses Property Operating Expenses within thirty fifteen (3015) days after receipt of a written ▇b▇▇▇ therefore therefor from Landlord; , and/or (2iii) Except for any Property Operating Expenses which Tenant does not pay for directly in accordance with this Lease, Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense Property Operating Expenses (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of Property Operating Expenses, which it anticipates reasonably estimates will be paid or incurred for the ensuing calendar or fiscal year, in an amount as Landlord may reasonably determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from one of the three options set forth in this Paragraph 3.2(a) to another, from time to time time, the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. Landlord shall give Tenant reasonable prior written notice of any such change. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Tenant shall pay the Real Property Taxes directly to the applicable taxing authority. Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. Notwithstanding the foregoing, Landlord shall have the right to contest the amount or validity of any Real Property Taxes, in whole or in part, by appropriate administrative and legal proceedings, and to instruct Tenant to postpone payment of any such contested Real Property Taxes pending the prosecution of such proceedings and any appeals.

Appears in 2 contracts

Sources: Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp)

Additional Rent. Commencing (a) The Tenant shall pay all Additional Rent, including Operating Costs, to the Landlord without deduction, defalcation, abatement, set-off or compensation whatsoever, yearly and every year during the Term commencing on the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Term, in addition Date. The Tenant will promptly deliver to the Base Monthly Landlord upon request, evidence of payment of all Additional Rent due required to be paid to any Person other than the Landlord. Additional Rent will be deemed to accrue on a per diem basis. (b) The Landlord, acting reasonably, will estimate Operating Costs payable for each Lease Year and payable on and after will provide notice to the Rent Commencement Date, Tenant of same. The Tenant shall pay to the Landlord as additional rent ("Additional Rent") estimated Operating Costs in equal monthly instalments on the following amounts: A. Tenant's Proportionate Share first day of all Operating Expenses (as defined in Article 13)each and every month. Payment shall be made by whichever of the following methods (or combination of methods) is (are) The Landlord may from time to time designated time, by Landlord:written notice to the Tenant, re-estimate any Operating Costs amounts payable by the Tenant hereunder and the Tenant will adjust its payments on account thereof accordingly and will continue to make such estimated payments unless and until the Landlord further adjusts its estimate. (1c) Within a reasonable time after the end of each Lease Year, the Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share will provide the Tenant with an internally-prepared detailed statement of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred Additional Rent for the ensuing calendar or fiscal previous year, as Landlord may determineincluding Operating Costs, and Tenant which statement shall pay Tenant's Proportionate Share of such expenses for such year confirm that the Additional Rent has been determined in equal monthly installments during such year accordance with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. If the Tenant’s total payments in respect of Additional Rent for any year are less than the actual Additional Rent for such year, then the Tenant shall pay the difference to the Landlord within 30 days after demand for same by Landlord and if the Tenant’s total payments in respect of Additional Rent for any year are more than the actual Additional Rent for such year more, then the Landlord shall either, at the Landlord’s option, retain such excess and credit it against the Tenant’s next payment(s) on account of Rent or pay such refund to the Tenant. (d) Notwithstanding Subsection (c), in respect of reconciliation of Additional Rent relating to the last Lease Year, being the period commencing on January 1st of the final Lease year and ending on the last day of the Term (the “Stub Period”), on or before the day that is 60 days after the last day of the Term, the Landlord will provide the Tenant with an internally-prepared detailed statement of Additional Rent for the Stub Period, including Operating Costs, which statement shall confirm that the Additional Rent has been determined in accordance with the terms of this Lease. If the Tenant’s total payments in respect of Additional Rent for the Stub Period are less than the actual Additional Rent for such year, then the Tenant shall pay the difference to the Landlord within 30 days after demand for same by Landlord and if the Tenant’s total payments in respect of Additional Rent for the Stub Period are more than the actual Additional Rent for the Stub Period, then the Landlord shall refund such excess within 30 days of delivery of the final statement of Operating Costs to the Tenant. (e) Notwithstanding Subsections (c) and (d), the Tenant shall have 30 days to review all statements of Additional Rent delivered by the Landlord, identify any matters of dispute, acting in good faith and notify the Landlord in writing of such matters in dispute. If the Tenant delivers notice to the Landlord disputing any portion(s) of a statement of Additional Rent delivered in accordance with either Subsection (c) or Subsection (d), the parties will act in good faith and attempt to resolve such dispute(s) within 30 days of receipt by the Landlord of the Tenant’s notice. If by last day of the said 30 day period (the “Arbitration Trigger Date”), the parties cannot resolve such dispute(s) (“Disputed Matter”), the Disputed Matter shall be subject to arbitration in accordance with the following terms and conditions: The Disputed Matter will be determined by a single arbitrator. Either party (the “Notifying Party”) may by written notice to the other (the “Notified Party”) given on or before the day that is 30 days from the Arbitration Trigger Date, propose the name of the Person that it wishes to be the single arbitrator. Within five days thereafter, the Notified Party will give notice to the Notifying Party advising whether the Notified Party accepts the arbitrator proposed by the Notifying Party. If such notice is not given within such five day period, the Notified Party will be deemed to have accepted the arbitrator proposed by the Notifying Party. If the parties cannot agree on a single arbitrator, then, upon the application of either party, a justice of the Superior Court of Justice in Ontario, or its successor, will forthwith appoint an arbitrator whose sole determination will be final. The arbitrator will be a disinterested Person of recognized competence in the real estate business in the city in which the Property is situated. If either party fails to name its arbitrator and so notify the other as required hereinbefore within the time periods set, the statement of Additional Rent shall remain as prepared by the Landlord and the provisions of Subsections

Appears in 2 contracts

Sources: Lease (Milacron Holdings Corp.), Lease Agreement (Milacron Holdings Corp.)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 above) Effective April 1, 2006 but commencing January 1, 2007, and continuing throughout in each calendar year thereafter during the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay in advance on a monthly basis to Landlord as additional rent ("Additional Rent") the following amounts: A. Landlord, Tenant's Proportionate ’s Share of all Operating the “Recognized Expenses”, without deduction, counterclaim or setoff, to the extent such Recognized Expenses exceed the Recognized Expenses in calendar year 2006 (as defined in Article 13“Base Year”). Payment Tenant’s Share shall be made 46.77% which is the percentage calculated by whichever dividing the total square footage of the following methods Premises into the total square footage of the Building which is 51,388. Recognized Expenses are (or combination i) all reasonable operating costs and expenses related to the maintenance, operation and repair of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or the Project incurred by Landlord, including but not limited to management fee not to exceed five (5%) percent of Rent; common area electric; and capital expenditures and capital repairs and replacements shall be included as operating expenses solely to the extent of the amortized costs of same over the useful life of the improvement in accordance with generally accepted accounting principles such useful life not to exceed ten (10) years; (ii) all insurance premiums payable by Landlord for insurance with respect to the Project and (iii) Taxes payable on the Project. Each of the Recognized Expenses shall for all purposes be treated and considered as Additional Rent. Tenant shall pay such share pay, in monthly installments in advance, on account of Tenant’s Share of Recognized Expenses, the estimated amount of the increase of such Recognized Expenses for such year in excess of the Base Year as determined by Landlord in its reasonable discretion. Prior to the end of the calendar year in which the Lease commences and thereafter for each successive calendar year (each, a “Lease Year”), or part thereof, Landlord shall send to Tenant a statement of projected increases in Recognized Expenses in excess of the Base Year and shall indicate what Tenant’s Share of Recognized Expenses shall be. The Base Year shall be adjusted to exclude from the Base Year “extraordinary items” incurred in such calendar year. For purposes or this subparagraph, extraordinary items shall mean either (X) cost increases over the prior calendar year of eleven and one quarter percent (11.25%) or more, or (Y) items which increase Landlord’s total expenses and such items have not been included in the determination of expenses by the Landlord (or the Landlord’s predecessor in interest) for the prior three years of operating the Building. As soon as administratively available, Landlord shall send to Tenant a statement of actual for Recognized Expenses for the prior Lease Year showing the Share due from Tenant. In the event the amount prepaid by Tenant exceeds the amount that was actually due then Landlord shall issue a credit to Tenant in an amount equal to the over charge, which credit Tenant may apply to future payments on account of Recognized Expenses until Tenant has been fully credited with the over charge. If the credit due to Tenant is more than the aggregate total of future rental payments, Landlord shall pay to Tenant the difference between the credit in such aggregate total. In the event Landlord has undercharged Tenant, then Landlord shall send Tenant an invoice with the additional amount due, which amount shall be paid in full by Tenant within thirty (30) days after of receipt. Tenant shall have the right, at its sole cost and expense, within ninety (90) days from receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) ’s statement of Recognized Expenses, to audit or have its appointed accountant audit Landlord’s records related to Recognized Expenses and Taxes provided that any such audit may not occur more frequently than once each calendar year nor apply to any year prior to the year of the statement being reviewed. In the event Tenant’s audit discloses any discrepancy, Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of use their best efforts to resolve the dispute and make an appropriate adjustment, failing which, they shall submit any such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right dispute to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant arbitration pursuant to the terms rules and under the jurisdiction of this Lease.the American Arbitration Association in Philadelphia, Pennsylvania. The decision rendered in such arbitration shall be final, binding and non-appealable. The expenses of arbitration, other than individual legal and accounting expenses which shall be the respective parties’ responsibility, shall be divided equally between the parties. In the event, by agreement or as a result of an arbitration decision, it is determined that the actual Recognized Expenses and Taxes exceeded those claimed by the Landlord by more than six percent (6%), the actual, reasonable hourly costs to Tenant of Tenant’s audit (including legal and accounting costs) shall be reimbursed by Landlord. In the event Tenant utilizes a contingent fee auditor and Landlord is responsible for the payment of such auditor, Landlord shall only pay the reasonable hourly fee of such auditor

Appears in 2 contracts

Sources: Lease (TMS International Corp.), Lease (Tube City IMS CORP)

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateterm of this Lease, Tenant shall pay to Landlord or to Landlord's designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlordfollowing: (1a) All Taxes relating to the Premises as set forth in Paragraph 9, and (b) All insurance premiums and deductibles relating to the Premises, as set forth in Paragraph 12, and (c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys' fees and legal expenses, that may accrue thereto in the event of Tenant's failure to pay such amounts, and all damages, reasonable costs and expenses which Landlord may ▇▇▇▇ to Tenant, incur by reason of default of Tenant or failure on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver part to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year comply with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent, and (d) all prorated costs and expenses related to the Ardenwood Property Owners' Association as set forth in Paragraph 53. The Additional Rent due hereunder shall be paid to Landlord or Landlord's agent (i) within five days for taxes and insurance and within thirty days for all other Additional Rent items after presentation of invoice from Landlord or Landlord's agent setting forth such Additional Rent and/or (ii) at the option of Landlord, Tenant shall pay to Landlord monthly, in advance, Tenant's pro rata share of an amount estimated by Landlord to be Landlord's approximate average monthly expenditure for such Additional Rent items, which estimated amount shall be reconciled within 120 days of the end of each calendar year or more frequently if Landlord elects to do so at Landlord's sole and absolute discretion as compared to Landlord's actual expenditure for said Additional Rent items, with Tenant paying to Landlord, upon demand, any amount of actual expenses expended by Landlord in excess of said estimated amount, or Landlord crediting to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease) any amount of estimated payments made by Tenant in excess of Landlord's actual expenditures for said Additional Rent items. The respective obligations of Landlord and Tenant under this paragraph shall survive the expiration or other termination of the term of this Lease, and if the term hereof shall expire or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the calendar year in which the term hereof expires or otherwise terminates shall be determined and settled on the basis of the statement of actual Additional Rent for such calendar year and shall be prorated in the proportion which the number of days in such calendar year preceding such expiration or termination bears to 365.

Appears in 2 contracts

Sources: Lease Agreement (Ciphergen Biosystems Inc), Lease Agreement (Ciphergen Biosystems Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Article 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's ’s Proportionate Share of all Building Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's ’s Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's its Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's its Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 2 contracts

Sources: Industrial Space Lease (Silicon Graphics International Corp), Industrial Space Lease (Rackable Systems, Inc.)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of all Operating Expenses All Project Maintenance Costs. Landlord may bill Tenant, on a periodic basis not more frequently than monthly, Te▇▇▇▇'s Proportionate Share of such costs as paid or incurred by Landlord, and Tenant shall pay to Landlord such share of such costs together with an accounting fee equal to five percent of the amount so billed within thirty (as defined in Article 13)30) days from the date Landlord shall have billed Tenant for same. B. Tenant's Proportionate Share of Landlord's Insurance Costs and Real Property Taxes plus an accounting fee equal to five percent of such amount. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ bill to Tenanttenant, on a periodic basis not more frequently than monthly, Tenant▇▇▇ant's Proportionate Share of such expenses (Landlord's Insurance Costs or group of expenses) Real Property Taxes, as paid or incurred by LandlordLandlord during the current period together with an accounting fee equal to five percent of the amount billed, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ bill therefore from Landlord; and/oror (2) Landlord may deliver ▇▇▇▇ver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or and/or Real Property Taxes) which Taxes it anticipates will be paid or incurred for the ensuing ensuring calendar or fiscal year, as Landlord may determinethe case requires, and Tenant shall pay Tenant's its Proportionate Share of such expenses for such year year, together with an accounting fee equal to five percent of the estimated amount, in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Tenants its Proportionate Share of such expenses or the periodic basis on which such expenses increases are billed. B. C. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings subletting as required by Article 7; C. D. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. E. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Net Industrial Space Lease (Adeza Biomedical Corp)

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateterm of this Lease, Tenant shall pay to Landlord or to Landlord's designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amountsfollowing: A. a) All Taxes relating to the Premises as set forth in Paragraph 9, and b) All insurance premiums relating to the Premises, as set forth in Paragraph 12, and c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys' fees and legal expenses, that may accrue thereto in the event of Tenant's Proportionate Share of failure to pay such amounts, and all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) damages, reasonable costs and expenses which Landlord may ▇▇▇▇ to Tenant, incur by reason of default of Tenant or failure on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver part to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year comply with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent. The Additional Rent due hereunder shall be paid to Landlord or Landlord's agent (1) within FIVE (5) DAYS after presentation of invoice from Landlord or Landlord's agent setting forth such Additional Rent and/or (ii) at the option of Landlord, Tenant shall pay to Landlord monthly, in advance, Tenant's prorata share of an amount estimated by Landlord to be Landlord's approximate average monthly expenditure for such Additional Rent items, The respective obligations of Landlord and Tenant under this paragraph shall survive the expiration or other termination of the term of this Lease, and if the term hereof shall expire or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the calendar year in which the term hereof expires or otherwise terminates shall be determined and settled on the basis of the statement of Additional Rent for such calendar year and shall be prorated in the proportion which the number of days in such calendar year preceding such expiration or termination bears to 365.

Appears in 1 contract

Sources: Lease Agreement (American Multiplexer Corp)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent") ”), cash or other immediately available good funds in the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred or to be incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Tenant as follows: Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may 110015197v.8 deliver to Tenant a reasonably detailed statement of Landlord's ’s reasonable estimate of any given expense (or group of expensesProperty Operating Expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may reasonably determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses Property Operating Expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change revise such estimate from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed.time; B. (b) Landlord's ’s share of the assignment consideration or excess rentals received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (c) Any legal fees, costs, and other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Landlord shall pay Real Property Taxes prior to delinquency directly to the applicable taxing authority, and Tenant shall reimburse Landlord for such payments in accordance with subparagraph (a) above. Notwithstanding the foregoing, under no circumstance shall Tenant be responsible for any fines, penalties, interest and damages for late payment of such Real Property Taxes due to Landlord’s failure to timely comply with its obligation to pay Real Property Taxes.

Appears in 1 contract

Sources: Lease Agreement (Personalis, Inc.)

Additional Rent. Commencing on the Rent Commencement Date (as determined pursuant to Section 2.3 Article 2 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred recurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Polycom Inc)

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateterm of this Lease, Tenant shall pay to Landlord or to Landlord’s designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlordfollowing: (1a) All taxes relating to the Premises as set forth in Paragraph 9, and (b) All insurance premiums and deductibles relating to the Premises, as set forth in Paragraph 12, and (c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys’ fees and legal expenses, that may accrue thereto in the event of Tenant’s failure to pay such amounts, and all damages, reasonable costs and expenses which Landlord may ▇▇▇▇ incur by reason of default of Tenant or failure on Tenant’s part to Tenantcomply with the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, on a periodic basis not more frequently than monthlyLandlord shall have the rights and remedies with respect thereto as Landlord has for nonpayment of rent, Tenant's Proportionate Share and (d) all prorated costs and expenses related to the Ardenwood Property Owners’ Association as set forth in Paragraph 48. The Additional Rent due hereunder shall be paid to Landlord or Landlord’s agent (i) within five days for taxes and insurance and within thirty (30) days for all other Additional Rent items after presentation of invoice from Landlord or Landlord’s agent setting forth such expenses Additional Rent and/or (or group ii) at the option of expenses) as paid or incurred by Landlord, and Tenant shall pay such to Landlord monthly, in advance, Tenant’s pro rata share of an amount estimated by Landlord to be Landlord’s approximate average monthly expenditure for such Additional Rent items, which estimated amount shall be reconciled within 120 days of the end of each calendar year or more frequently if Landlord elects to do so at Landlord’s sole and absolute discretion as compared to Landlord’s actual expenditure for said Additional Rent Items, with Tenant paying to Landlord, upon demand, any amount of actual expenses within expended by Landlord in excess of said estimated amount, or Landlord crediting to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease) any amount of estimated payments made by Tenant in excess of Landlord’s actual expenditures for said Additional Rent items. Within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to ’s reconciliation, Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for shall have the ensuing calendar or fiscal yearright, as Landlord may determineTenant’s sole expense, and to audit, at a mutually convenient time at Landlord’s office, Landlord’s records relating to the foregoing expenses. Such audit must be conducted by Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rentor an independent nationally recognized accounting firm that is not being compensated by Tenant or other third party on a contingency fee basis. Landlord reserves shall be provided a complete copy of said audit at no expense to Landlord. If such audit reveals that Landlord has overcharged Tenant and the right audit is not challenged by Landlord, the amount overcharged shall be credited to change from time to time Tenant’s account within thirty (30) days after the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedaudit is concluded. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Activcard Corp)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant . Landlord shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than five (5) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease (Ultratech Stepper Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than thirty (30) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , or prior to delinquency, whichever is earlier and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by thirty (30) days written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. Tenant may cause an audit of Landlord's books and records to determine the accuracy of Landlord's ▇▇▇▇▇▇▇▇ for Property Operating Expenses charges under this Lease. If such audit reveals that the actual Property Operating Expenses for any given year were less than the amount that Tenant paid for Property Operating Expenses for any such year, then Landlord shall pay to Tenant the excess. If such audit reveals a discrepancy of more than five (5%) percent of the actual amount of any Property Operating Expenses charges, then Landlord shall pay the cost of the audit. Additionally, Tenant shall have the right, by appropriate proceedings, to protest or contest any assessment, reassessment or allocation of Real Property Taxes or any change therein or any application of any Law to the Leased Premises or Tenant's use thereof. Landlord will reasonably cooperate with Tenant in the contest or proceedings. If Tenant does not pay the Real Property Taxes when due which are the subject of such protest or contest, Tenant shall post a bond in lieu thereof in an amount reasonably determined by Landlord but not less than one hundred twenty-five percent (125%) of the amount demanded by the taxing authorities which holds Landlord and the Property harmless from any damage arising out of the contest and ensuring the payment of any judgment than may be rendered. With respect to any contest of Real Property Taxes or Laws, Tenant shall hold Landlord and the Property harmless from any damage arising out of such protest or contest and shall pay any judgment that may be rendered in connection with such contest or protest. Any protest or contest conducted by Tenant under this paragraph shall be at Tenant's expense and if interest or late charges become payable as a result of such contest or protest, Tenant shall pay the same. Tenant shall receive a proportionate share of any refund applicable to the Lease Term based on the amount of Real Property Taxes paid by Tenant as Tenant's Lot Proportionate Share.

Appears in 1 contract

Sources: Lease Agreement (Adept Technology Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may ▇▇▇▇ forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than thirty (30) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may bill to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share ▇he amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written bill therefor from Landlord, or prior to delinquency, whichever is ea▇▇▇▇ therefore from Landlord; ▇r and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.. Notwithstanding the foregoing, Landlord may elect by thirty (30) days written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall

Appears in 1 contract

Sources: Lease Agreement (Adept Technology Inc)

Additional Rent. Commencing on the Commencement Date Any amount required to be paid by Tenant hereunder (as determined pursuant in addition to Section 2.3 aboveBase Rent) and continuing throughout any charges or expenses incurred by Landlord on behalf of Tenant under the Termterms of this Lease shall be considered “Additional Rent” payable in the same manner and upon the same terms and conditions as the Base Rent reserved hereunder, in except as set forth herein to the contrary. Base Rent and Additional Rent are collective referred to herein as “Rent”. In addition to the Base Monthly Rent due and payable on and after specified in this Lease, commencing as of the Rent Commencement Date, Tenant shall pay to Landlord as additional rent ("Additional Rent") Rent for the following amounts: A. Tenant's Proportionate Share of all Demised Premises, in each full or partial Lease Year during the Term, an amount equal to the Operating Expenses for a particular Lease Year (as defined in Article 13the “Annual Operating Expense Adjustment”). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may and ▇▇▇▇▇▇ to Tenantacknowledge and agree that so long as Tenant is leasing all of the rentable square footage of the Building, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share Tenant shall be responsible for 100% of such expenses (or group of expenses) as paid or the Operating Expenses incurred by Landlord, but that such amount shall be reduced proportionately in the event of any assignment or sublease permitted by this Lease or other reduction of the Demised Premises as may be agreed by Landlord or Tenant. As used herein “Operating Expenses” shall mean the amount of all of Landlord’s costs and expenses paid in connection with utilities (if any), taxes and governmental assessments payable pursuant to Section 21 below, trash removal service, drainage system expense, landscaping maintenance, management fees, professional service fees and expenses (including reasonable attorneys’ fees and accounting fees), parking area maintenance costs, insurance premiums for any insurance coverage requirements under this Lease, any and all assessments imposed by any Property Owners Association with jurisdiction over the Demised Premises, and any and all other costs and expenses attendant with the Landlord’s obligations with respect to the operation, maintenance and repair of the Demised Premises. Operating Expenses shall not include (i) replacement of or structural repairs to the roof structure or the exterior walls; (ii) repairs to the extent covered by insurance proceeds that are actually received by Landlord, or paid by Tenant shall pay or other third parties; (iii) alterations solely attributable to third parties other than Tenant; (iv) marketing expenses; (v) any cost or expense associated with compliance with any Laws if such share condition existed prior to the Rent Commencement Date; (vi) amortization of principal or interest on account of any indebtedness; (vii) any legal expenses arising out of any misconduct or negligence of Landlord or any person for which Landlord is responsible or arising out of dealings between any principals constituting Landlord or arising .out of any leasing, sale or financing of the Building or the Land or any part of either of them. Within sixty (60) days after the end of Lease year, Landlord and ▇▇▇▇▇▇ agree to calculate the actual Operating Expense for the prior twelve month period, and if such expenses calculation results in the Tenant having underpaid the actual Operating Expense for such period, within thirty (30) days after receipt of a written ▇▇▇▇ therefore from demand is made by Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share any deficiency. Additionally, Landlord shall estimate the Annual Operating Expense Adjustment annually, and written notice thereof shall be given to Tenant prior to the beginning of each calendar year. In no event may any such expenses Annual Operating Expense Adjustment exceed, by more five percent (5%), the actual Operating Expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rentimmediately preceding Lease Year. Tenant shall pay to Landlord reserves each month, at the right to change from time to same time the method Base Rent is due, an amount equal to one-twelfth (1/12) of billing Tenant Tenant's Proportionate Share the estimated Annual Operating Expense Adjustment. If Landlord does not furnish any such Annual Operating Expense Adjustment subsequent to the commencement thereof, then until the first day of such expenses or the periodic basis on second month following the month in which such expenses are billed. B. Landlord's share estimate is furnished to Tenant, Tenant shall pay to Landlord on the first day of each month an amount equal to the monthly sum payable by Tenant to Landlord under this Section in respect of the consideration received by last month of the preceding Lease Year, and after such estimate is furnished to Tenant, Landlord shall refund Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that any overpayment or if there is a deficiency, Tenant is obligated to shall pay or reimburse any deficient amount to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Leasethirty (30) days after demand therefor.

Appears in 1 contract

Sources: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 abovea) and continuing throughout the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord as additional rent ("Additional Rent") the following amounts: A. estimate for Tenant's ’s Proportionate Share of all the Operating Expenses (Costs in equal monthly installments at the same time and place as defined in Article 13)Rent is to be paid. Payment shall be made by whichever Landlord will furnish a statement of the actual Tenant’s Share no later than April 1st of each year during the Term, including the year following methods (the year in which the Lease expires or combination of methods) is (are) from time otherwise terminated. Tenant will pay to time designated Landlord any deficiency as shown by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses statement within thirty (30) days after of receipt of a written ▇▇▇▇ therefore from Landlord; and/orsuch statement. Provided Tenant is not in monetary default of this Lease, Landlord will refund to Tenant any excess as shown by such statement within thirty (30) days of the date of the statement. Landlord will keep books and records showing the Operating Costs in accordance with generally accepted accounting principles. (2b) In the event Landlord may deliver furnishes any utility or service which is included in Operating Costs to Tenant Landlord's reasonable estimate less than ninety-five percent (95%) of any given expense the rentable area of the Property because (or group i) the average occupancy of expenses, such as Landlord's Insurance Costs or Real the Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar year in question was not equal to or fiscal yeargreater than ninety-five percent (95%), as Landlord may determine(ii) such utility or service is not required by or provided to one or more of the tenants of the Property, and Tenant shall pay Tenant's Proportionate Share of or (iii) any tenant occupant is itself obtaining or providing any such expenses utility or services, then Operating Costs for such year shall be adjusted to include all additional costs, expenses and disbursements that Landlord reasonably determines would have been incurred if Landlord had provided such utilities and services to all tenants of the Property, and shall be allocated among the tenants by the Landlord to reflect those costs which would have occurred had the Property been ninety-five percent (95%) occupied during the year in equal monthly installments during question and such year utilities and services provided to all tenants. The intent of this section is to ensure that the reimbursement of Operating Costs is fairly and equitably allocated among the tenants receiving the utilities and services in question. (c) To the extent the Property is part of a larger project or development, Landlord shall have the right (but not the obligation) to allocate to the Property an appropriate portion of those Operating Costs which are incurred with respect to the installments of Base Monthly Rentproject as a whole. Landlord reserves and Tenant acknowledge that certain of the right costs of management, operation and maintenance of the Development may be allocated among all of the buildings in the Development using methods of allocation that are considered reasonable and appropriate for the circumstances. Tenant hereby consents to change from time to time such allocations provided that the method of billing Tenant Tenant's Proportionate Share determination of such expenses costs and the allocation of all or part thereof to Operating Costs hereunder shall be in accordance with generally accepted accounting principles applied on a consistent basis. By way of example, landscaping costs for a multi-building project shall be allocated on an appropriate basis between all buildings in the periodic basis on which such expenses are billedproject. B. Landlord's share of the consideration received (d) Any and all payments (other than Base Rent) required to be made by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to this Lease shall be deemed additional Rent (“Additional Rent”). Landlord shall have the terms of this Leasesame rights and remedies for said payments as for Rent.

Appears in 1 contract

Sources: Sublease Agreement (Biopower Operations Corp)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Building F and Amenities Building Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent") ”), cash or other immediately available good funds in the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13). Payment shall ) incurred or to be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant . Landlord shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change revise such estimate from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedtime. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, at any time that both (i) the Property consists of one or more separate legal parcels on which the Buildings (but none of the Other Buildings) are located, and (ii) Tenant leases all of the rentable square footage in the Buildings, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than thirty (30) days before such Real Property Taxes become delinquent. In the event Tenant is responsible to pay taxes directly, Landlord shall have no obligation to make such payments, whether or not Landlord receives evidence of payment from Tenant, and Tenant shall in all cases be responsible for any fines, penalties, interest and damages for late payment.

Appears in 1 contract

Sources: Lease Agreement (Palo Alto Networks Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section 2.3 Article 2 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)Paragraph 13.12) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may ▇▇forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may bil▇ ▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written bil▇ ▇▇▇▇ therefore erefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease (Trident Microsystems Inc)

Additional Rent. Commencing on If Landlord shall grant its consent to a proposed transfer (excepting those transfers in the Commencement Date (as determined pursuant to second paragraph of Section 2.3 above) 25.02 and continuing throughout the Term25.04), then Tenant, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateconsideration therefor, Tenant shall pay to Landlord Landlord, as additional rent ("Additional Rent", a sum equal to fifty percent (50%) of the following amounts: A. Tenant's Proportionate Share aggregate of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, sums and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the other consideration received by Tenant upon certain assignments for or by reason of such Proposed Transfer (including all rents, charges and sublettings other consideration payable to Tenant under the terms of the sublease or assignment and any collateral agreements), as required and when such sums and other consideration are received by Article 7; C. Any legal fees and costs Tenant; provided, however, that such Additional Rent shall be reduced (but not to less than zero) by the following amounts, to the extent that Tenant is obligated shall have furnished to pay Landlord reasonably satisfactory documentation therefor: (a) in the case of a sublease, all Rents theretofor actually paid to Landlord by Tenant hereunder for the subleased portion of the Premises during the term of such sublease (determined based on the ratio of the Rentable Area of the subleased portion of the Premises to the Rentable Area of the Premises, except to the extent that different Base Rents are specified herein for different portions of the Premises); (b) any reasonable and customary brokerage commissions theretofor actually paid by Tenant on account of such sublease or reimburse assignment; (c) any Additional Rent theretofor actually paid to Landlord pursuant to Article 13Section 25.06(f) in connection with such assignment or sublease; and D. Any other charges (d) any reasonable advertising costs theretofor actually paid by Tenant in connection such assignment or reimbursements due Landlord from sublease; (e) any out-of-pocket costs theretofor actually paid by Tenant pursuant in providing concessions to the terms assignee or subtenant in connection with such transaction (such as the cost of this Leaseany tenant improvement allowance or other payment provided by Tenant to such assignee or subtenant); (f) any reasonable fees and charges theretofor actually paid by Tenant to attorneys, architects and space planners reasonably necessary to effect such assignment or sublease; and (g) the net unamortized or undepreciated cost of any of Tenant’s property that was paid for by Tenant and that is sold to the assignee or subtenant in connection with such assignment or sublease, determined on the basis of Tenant’s federal income tax returns.

Appears in 1 contract

Sources: Lease Agreement (Ariba Inc)

Additional Rent. Commencing on the Rent Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Building 3 Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent") ”), cash or other immediately available good funds in the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred or to be incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2ii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change revise such estimate from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedtime, not more frequently than once per calendar year. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Kodiak Sciences Inc.)

Additional Rent. Commencing on If Landlord shall grant its consent to a proposed transfer (excepting those transfers in the Commencement Date (as determined pursuant to second paragraph of Section 2.3 above) 25.02 and continuing throughout the Term25.04), then Tenant, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateconsideration therefor, Tenant shall pay to Landlord Landlord, as additional rent ("Additional Rent", a sum equal to fifty percent (50%) of the following amounts: A. Tenant's Proportionate Share aggregate of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, sums and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the other consideration received by Tenant upon certain assignments for or by reason of such Proposed Transfer (including all rents, charges and sublettings other consideration payable to Tenant under the terms of the sublease or assignment and any collateral agreements), as required and when such sums and other consideration are received by Article 7; C. Any legal fees and costs Tenant; provided, however, that such Additional Rent shall be reduced (but not to less than zero) by the following amounts, to the extent that Tenant is obligated shall have furnished to pay Landlord reasonably satisfactory documentation therefor: (a) in the case of a sublease, all Rents theretofor actually paid to Landlord by Tenant hereunder for the subleased portion of the Premises during the term of such sublease (determined based on the ratio of the Rentable Area of the subleased portion of the Premises to the Rentable Area of the Premises, except to the extent that different Base Rents are specified herein for different portions of the Premises); (b) any reasonable and customary brokerage commissions theretofor actually paid by Tenant on account of such sublease or reimburse assignment; (c) any Additional Rent theretofor actually paid to Landlord pursuant to Article 13Section 25.06(f) in connection with such assignment or sublease; and D. Any other charges (d) any reasonable advertising costs theretofor actually paid by Tenant in connection such assignment or reimbursements due Landlord from sublease; (e) any out-of-pocket costs theretofor actually paid by Tenant pursuant in providing concessions to the terms assignee or subtenant in connection with such transaction (such as the cost of this Leaseany tenant improvement allowance or other payment provided by Tenant to such assignee or subtenant); (f) any reasonable fees and charges theretofor actually paid by Tenant to attorneys, architects and space planners reasonably necessary to effect such assignment or sublease; and (g) the net unamortized or undepreciated cost of any of Tenant's property that was paid for by Tenant and that is sold to the assignee or subtenant in connection with such assignment or sublease, determined on the basis of Tenant's federal income tax returns.

Appears in 1 contract

Sources: Lease Agreement (Freemarkets Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may ▇▇forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than thirty (30) days following receipt of any such invoices or bills, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may bill ▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written bill ▇▇▇▇ therefore refor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.. Notwithstanding the foregoing, Landlord may elect by thirty (30) days prior written notice to Tenant (provided such written notice is received by Tenant at least thirty (30) days prior to delinquency) to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. Tenant may cause an audit of Landlord's books and records to determine the accuracy of Landlord's bill▇▇▇▇ ▇▇▇ Property Operating Expenses under this Lease, provided Tenant commences such audit within sixty (60) days after Tenant's receipt of the year-end statement described in Section 3.3 above setting forth the annual reconciliation of the Property Operating Expenses or any change in estimated monthly expenses under Section 3.2(a)(iii) above. If

Appears in 1 contract

Sources: Lease Agreement (Juniper Networks Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than five (5) days before such Real Property Taxes become delinquent. Tenant may cause an audit of Landlord’s books and records using an independent “Big Six” accounting firm to determine the accuracy of Landlord’s ▇▇▇▇▇▇▇▇ for Property Operating Expenses under this Lease, provided Tenant commences such audit within ninety (90) days after Tenant’s receipt of the year-end statement described in Paragraph 3.3 above setting forth the annual reconciliation of the Property Operating Expenses. If such audit reveals that the actual Property Operating Expenses for any given year were less than the amount that Tenant paid for Property Operating Expenses for any such year, then Landlord shall credit the excess to Tenant’s next payment of Additional Rent. If such audit reveals that the actual Property Operating Expenses for any given year were more than the amount that Tenant paid for Property Operating Expenses for any such year, Tenant shall pay such amount to Landlord within ninety (90) days after completion of the audit. In the event the audit shows that Landlord overcharged Tenant by more than 5% of the actual Property Operating Expenses, Landlord shall pay for the costs of the audit.

Appears in 1 contract

Sources: Lease Agreement (Atheros Communications Inc)

Additional Rent. Commencing on the Rent Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent") ”), cash or other immediately available good funds in the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred or to be incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2ii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change revise such estimate from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedtime, not more frequently than once per calendar year. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. Building 4 C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Kodiak Sciences Inc.)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) method: Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. The estimated amount may be changed over the course of the year to reflect Landlord's reasonable understanding of a change in the amount. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than five (5) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease (Aviron)

Additional Rent. Commencing on 6.1 The Tenant further covenants to pay to the Commencement Date (as determined Landlord all other sums required by this Lease to be paid by it and agrees that all accounts payable by the Tenant to the Landlord or to any other party pursuant to Section 2.3 above) and continuing throughout the Term, in addition provisions of this Lease shall be deemed to the Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord as be additional rent ("Additional Rent") whether or not specifically designated in this Lease. Prior to the following amounts: A. Tenant's Proportionate Share commencement of all Operating Expenses (as defined in Article 13)each lease year, the Landlord shall notify the Tenant of its reasonable and bona fide estimate of Additional Rent for that lease year. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and The Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year estimated amount in equal monthly installments during such year with in advance on the installments same dates stipulated for payment of Base Monthly RentRent in Section 5.1. Landlord reserves the right to change from From time to time during a lease year the method Landlord may, acting reasonably, re-estimate the amount of billing the Additional Rent and shall fix monthly installments for the then remaining balance of the lease year so that the Landlord's estimate, original or revised, of additional Rent will have been entirely paid during that lease year. 6.2 Within one hundred and twenty (120) days after the expiration of each lease year, the Landlord shall reconcile and make a final determination of the Landlord’s operating costs based on the actual costs incurred therefor by the Landlord and the Landlord shall notify the Tenant Tenant's Proportionate Share of such expenses or determination. The Landlord shall provide reasonable details and, if requested by the periodic basis on which such expenses are billedTenant, copies of invoices as to the breakdown and calculation of the operating costs incurred by the Landlord. B. (i) If there has been a shortfall in the amounts payable by the Tenant for operating costs for such period, the Tenant shall pay such shortfall to the Landlord within sixty (60) days after delivery of the Landlord’s notice. (ii) If there has been an overpayment in the amounts payable by the Tenant for operating costs for such period, the Landlord shall pay to the Tenant, without interest, the difference between the total amount paid by the Tenant to the Landlord for operating costs for such period and the actual operating costs incurred by the Landlord. (iii) The Tenant agrees to pay Additional Rent to the Landlord for twenty-five percent (25.0%) of the Landlord's share of actual cost for the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms whole building unless otherwise specified below. The amount of this Lease.Additional Rent is estimated as follows:

Appears in 1 contract

Sources: Tenancy Agreement

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateterm of this Lease, Tenant shall pay to Landlord or to Landlord's designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlordfollowing: (1a) All Taxes relating to the Premises as set forth in Paragraph 9, and (b) All insurance premiums relating to the Premises, as set forth in Paragraph 12, and (c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys' fees and legal expenses, that may accrue thereto in the event of Tenant's failure to pay such amounts, and all damages, reasonable costs and expenses which Landlord may ▇▇▇▇ to Tenant, incur by reason of default of Tenant or failure on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver part to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year comply with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent. The Additional Rent due hereunder shall be paid to Landlord or Landlord's agent (i) within five days after presentation of invoice from Landlord of Landlord's agent setting forth such Additional Rent and/or (ii) at the option of Landlord, Tenant shall pay to Landlord monthly, in advance, Tenant's prorata share of any amount estimated by Landlord to be Landlord's approximate average monthly expenditure for such Additional Rent items, which estimated amount shall be reconciled at the end of each calendar year as compared to Landlord's actual expenditure for said Additional Rent items, with Tenant paying to Landlord, upon demand, any amount of actual expenses expending by Landlord in excess of said estimated amount, or Landlord refunding to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease) any amount of estimated payments made by Tenant in excess of Landlord's actual expenditures for said Additional Rent items. The respective obligations of Landlord and Tenant under this paragraph shall survive the expiration or other termination of the term of this Lease, and if the term hereof shall expire or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the calendar year in which the term hereof expires or otherwise terminates shall be determined and settled on the basis of the statement of actual Additional Rent for such calendar year and shall be prorated in the proportion which the number of days in such calendar year preceding such expiration or termination bears to 365.

Appears in 1 contract

Sources: Lease Agreement (Faroudja Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent") ”), cash or other immediately available good funds in the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred or to be incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty ten (3010) days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to revise such estimate from time to time. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. (b) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (c) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. In the event Tenant is responsible to pay taxes directly, Landlord shall have no obligation to make such payments, whether or not Landlord receives evidence of payment from Tenant, and Tenant shall in all cases be responsible for any fines, penalties, interest and damages for late payment.

Appears in 1 contract

Sources: Short Term Lease (Echelon Corp)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. An amount equal to Tenant's Proportionate Share Share, as defined in Article 1, of all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty ten (3010) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. . (3) Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; : and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this LeaseLease other than late charges and interest on defaulted rent.

Appears in 1 contract

Sources: Industrial Space Lease (Efficient Networks Inc)

Additional Rent. Commencing on the Sublease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Sublease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Sublandlord to be contracted for and after the Rent Commencement Datepaid directly by Subtenant, Tenant Subtenant shall pay to Landlord Sublandlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)18) incurred by Sublandlord pursuant to the terms of the Head Lease. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by LandlordSublandlord: (1i) Landlord Sublandlord may forward invoices or bills for such expenses to Subtenant, and Subtenant shall, no later than thirty (30) days following receipt of any such invoices or bills, pay such invoices or bills and deliver satisfactory evidence of such payment to Sublandlord, and/or (ii) Sublandlord may ▇▇▇▇ to TenantSubtenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by LandlordSublandlord, and Tenant Subtenant shall pay such share to Sublandlord the amount of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; Sublandlord, and/or (2iii) Landlord Sublandlord may deliver to Tenant Landlord's Subtenant Sublandlord’s reasonable estimate of any given expense (or group of expenses, such as Landlord's Sublandlord’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord Sublandlord may determine, and Tenant Subtenant shall pay Tenant's Proportionate Share to Sublandlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord Sublandlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share Subtenant for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. Landlord's (b) Sublandlord’s share of the consideration received by Tenant Subtenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant Subtenant is obligated to pay or reimburse to Landlord pursuant to Article 13Sublandlord; and D. (d) Any other charges or reimbursements due Landlord Sublandlord from Tenant Subtenant pursuant to the terms of this Sublease. Notwithstanding the foregoing, Sublandlord may elect by thirty (30) days prior written notice to Subtenant (provided such written notice is received by Subtenant at least thirty (30) days prior to delinquency) to have Subtenant pay Real Property Taxes or any portion thereof directly to Head Landlord or directly to the applicable taxing authority, in which case Subtenant shall make such payments and deliver satisfactory evidence of payment to Sublandlord no later than ten (10) days before such Real Property Taxes become delinquent. The Sublandlord and Subtenant acknowledge and agree that the Sublease provides for Subtenant to pay for Subtenant’s Property Share of all charges incurred by Sublandlord pursuant to the Head Lease, which charges shall be a pass through of the same charged to Sublandlord by the Head Landlord; provided, however, the parties recognize that the Head Landlord has adopted a policy of charging the Sublandlord in an aggregated format for delivery of Head Landlord’s statement invoices, which format combines the Property (as such term is defined in the Head Lease) as the same relates to this Building and Building 2 with the “Property” (as such term is defined in the Building 3 Sublease) for the purposes of establishing project accounting and Head Landlord’s statements delivered in respect of Operating Expenses, Outside Areas charges, Real Property Taxes and any other consideration due from Sublandlord as a tenant and as the same are allocated upon a pro rata share that such project buildings relate to such project. Subtenant agrees to pay Sublandlord in accordance with the Head Landlord’s statement invoice information and format allocation established by Head Landlord for the Leased Premises and Building and Sublandlord’s respective pro rata share of such costs and expenses for the project charged to Sublandlord.

Appears in 1 contract

Sources: Sublease (Juniper Networks Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may ▇▇forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than thirty (30) days following receipt of any such invoices or bills, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may bill ▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written bill ▇▇▇▇ therefore refor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.. Notwithstanding the foregoing, Landlord may elect by thirty (30) days prior written notice to Tenant (provided such written notice is received by Tenant at least thirty (30) days prior to delinquency) to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. Tenant may cause an audit of Landlord's books and records to determine the accuracy of Landlord's bill▇▇▇▇ ▇▇▇ Property Operating Expenses under this Lease, provided Tenant commences such audit within sixty (60) days after Tenant's receipt of the year-end statement described in Section 3.3 above setting forth the annual reconciliation of

Appears in 1 contract

Sources: Lease (Juniper Networks Inc)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Term, in addition to the All sums payable by Tenant under this Lease other than Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord as additional rent ("be deemed “Additional Rent") ;” the following amounts: A. Tenant's Proportionate term “Rent” shall mean Base Rent and Additional Rent. Landlord shall estimate in advance and charge to Tenant its Pro Rata Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods costs, to be paid on the same date Base Rent is payable on a monthly basis throughout the Lease Term (or combination including during the period of methodsLease Months 1 – 7): (i) all Taxes for which Tenant is liable under Section 5.01 and 5.02 of the Lease, (areii) from time all utility costs (if utilities are not separately metered) for which Tenant is liable under Section 6.01 of the Lease, (iii) all insurance premiums for which Tenant is liable under Sections 7.01 and 7.06 of the Lease and (iv) all Outside Maintenance Expenses for which Tenant is liable under Section 8.04 of the Lease. Collectively, the aforementioned Taxes, insurance, utility, and Outside Maintenance Expenses shall be referred to time designated by Landlord: (1) as the “Total Operating Costs”. Landlord may adjust its estimates of Total Operating Costs at any time based upon ▇▇▇▇ ▇▇▇▇▇’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next Rent payment date after notice to Tenant. Within one hundred twenty (120) days after the end of each Fiscal Year during the Lease Term, on Landlord shall deliver to Tenant a periodic basis not more frequently than monthlystatement prepared in accordance with generally accepted accounting principles setting forth, Tenant's Proportionate Share of such expenses (or group of expenses) as in reasonable detail, the Total Operating Costs paid or incurred by Landlord, Landlord during the preceding Fiscal Year and Tenant shall pay such share ▇▇▇▇▇▇’s Pro Rata Share of such expenses within expenses. Within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share ▇▇▇’s receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) in order that Landlord shall receive the entire amount of Tenant’s share of such costs and expenses for such year in equal monthly installments during such year with the installments of period. In addition to its obligation to pay Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Rent and its Pro Rata Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Total Operating Costs, Tenant is obligated required hereunder to pay or reimburse directly to suppliers, vendors, carriers, contractors, etc. certain insurance premiums, utility costs, personal property taxes, maintenance and repair costs and other expenses to the extent provided in this Lease, collectively “Additional Expenses.” If Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to pays for any Additional Expenses in accordance with the terms of this Lease, ▇▇▇▇▇▇’s obligation to reimburse such costs shall be an Additional Rent obligation payable in full with the next monthly Rent payment. Unless this Lease provides otherwise, Tenant shall pay all Additional Rent then due with the next monthly installment of Base Rent. If Tenant’s payment by check for Rent is returned for non-sufficient funds or for any other reason, Landlord at its sole option may require all future payments of Rent to be made by cashier’s or certified check, money order, or wire transfer, and the delivery of Tenant’s personal or corporate check shall no longer constitute payment thereof.

Appears in 1 contract

Sources: Industrial Real Estate Lease (Universal Power Group Inc.)

Additional Rent. Commencing Subject to the provisions of Section 5.2 below, commencing on the first day of the seventh (7th) month following the Lease Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall pay to Landlord without offset as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of An amount equal to all Property Operating Expenses (as defined in Article 13) incurred by Landlord (calculated as if Rent had been paid from and after the Delivery Date at the rate applicable when Tenant first pays rent hereunder not counting any free rent period); provided however, in no event shall the Property Maintenance Costs increase by more than four percent (4%) in any calendar year (the “Maintenance Costs Cap”), which shall be cumulative and compounding. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇b▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written ▇b▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this LeaseLease other than late charges and interest on defaulted rent.

Appears in 1 contract

Sources: Industrial Space Lease (Asyst Technologies Inc)

Additional Rent. (1) Tenant shall pay Landlord as “Additional Rent” for each calendar year or portion thereof during the Term the sum of (x) the amount of Operating Costs for such period, and (y) the amount of Taxes for such period. In addition, Tenant shall pay (without duplication) its proportional share of any Operating Costs that are related to the Project as a whole. (2) Prior to the end of each calendar year, Landlord shall notify Tenant of Landlord’s reasonable estimate of Tenant’s Additional Rent for the following calendar year. Commencing on the Commencement Date (as determined pursuant to Section 2.3 above) first day of January of each calendar year and continuing throughout on the Term, first day of every month thereafter in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Datesuch year, Tenant shall pay to Landlord as additional rent one-twelfth ("1/12th) of the estimated Additional Rent") the following amounts: A. Tenant's Proportionate Share of all . If Landlord thereafter estimates that Operating Expenses (as defined in Article 13). Payment shall be made Costs or Taxes for such year will vary from Landlord’s prior estimate, Landlord may, by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ notice to Tenant, revise the estimate for such year (and Additional Rent shall thereafter be payable based on the revised estimate). (3) Within one hundred twenty (120) days after the end of each calendar year, Landlord shall furnish Tenant a periodic basis not more frequently than monthlystatement with respect to such year, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlordshowing the actual Additional Rent for the year, and the total payments made by Tenant shall pay such share of such expenses with respect thereto. Unless Tenant raises any objections to Landlord’s statement within thirty ninety (3090) days after receipt of the same, such statement shall conclusively be deemed correct and Tenant shall have no right thereafter to dispute such statement or any item therein or the computation of Additional Rent based thereon. If Tenant does object to such statement, then Landlord shall provide Tenant with reasonable verification of the figures shown on the statement and the parties shall negotiate in good faith to resolve any disputes. Any objection of Tenant to Landlord’s statement and resolution of any dispute shall not postpone the time for payment of any amounts due Tenant or Landlord based on Landlord’s statement, nor shall any failure of Landlord to deliver Landlord’s statement in a written ▇▇▇▇ therefore from timely manner relieve Tenant of Tenant’s obligation to pay any amounts due Landlord based on Landlord; and/or’s statement. (24) If Tenant’s Additional Rent as finally determined for any calendar year exceeds the total payments made by Tenant on account thereof, Tenant shall pay Landlord may deliver the deficiency within fifteen (15) days of Tenant’s receipt of Landlord’s statement. If the total payments made by Tenant on account thereof exceed Tenant’s Additional Rent as finally determined for such year, Tenant’s excess payment shall be credited toward the Rent next due from Tenant under this Lease. For any partial calendar year at the beginning or end of the Term, Additional Rent shall be prorated on the basis of a 365-day year by computing Tenant’s Additional Rent for the entire year and then prorating such amount for the number of days during such year included in the Term. Notwithstanding the termination of this Lease, Landlord shall pay to Tenant or Tenant shall pay to Landlord's reasonable estimate , as the case may be, within fifteen (15) days after Tenant’s receipt of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred ’s final statement for the ensuing calendar or fiscal year in which this Lease terminates, the difference between Tenant’s Additional Rent for that year, as finally determined by Landlord, and the total amount previously paid by Tenant on account thereof. (5) If for any reason Taxes for any year during the Term are increased, Tenant’s Additional Rent shall be adjusted accordingly. The obligations of Landlord may determineto refund any overpayment of Additional Rent and of Tenant to pay any Additional Rent not previously paid shall survive the expiration of the Term. (6) Notwithstanding anything to the contrary herein, Tenant’s obligation to pay Additional Rent shall commence on the first (1st) day of the fourth (4th) month of the Lease Term, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated have no obligation to pay or reimburse Additional Rent allocable to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Leaseany periods prior thereto.

Appears in 1 contract

Sources: Lease Agreement (Infinera Corp)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent") ”), cash or other immediately available good funds in the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13). Payment shall ) incurred or to be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant . Landlord shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay to Landlord an amount equal to Tenant's Proportionate ’s Building Share or Tenant’s Project Share, as applicable, of the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change revise such estimate from time to time but not more than once during the method of billing applicable year and, in any event shall provide Tenant Tenant's Proportionate Share with at least one (1) month advance notice of such expenses or the periodic basis on which such expenses are billedadjusted estimates taking effect. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; andand Building C D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, at any time that Tenant leases all of the rentable square footage in the Building, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. In the event Tenant is responsible to pay taxes directly, Landlord shall have no obligation to make such payments, whether or not Landlord receives evidence of payment from Tenant, and Tenant shall in all cases be responsible for any fines, penalties, interest and damages for late payment.

Appears in 1 contract

Sources: Lease Agreement (Aruba Networks, Inc.)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section 2.3 Article 2 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)Paragraph 13.12) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) are from time to time designated by Landlord: (1i) Landlord may ▇forward invoices or bills for such Property Operating Expenses to Tenant, and Tenant shall, no later than fifteen (15) days following receipt of such invoices or bills from Landlord, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may b▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses Property Operating Expenses (or group of expensesProperty Operating Expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses Property Operating Expenses within thirty fifteen (3015) days after receipt of a written ▇b▇▇▇ therefore therefor from Landlord; , and/or (2iii) Except for any Property Operating Expenses which Tenant does not pay for directly in accordance with this Lease, Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense Property Operating Expenses (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of Property Operating Expenses, which it anticipates reasonably estimates will be paid or incurred for the ensuing calendar or fiscal year, in an amount as Landlord may reasonably determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from one of the three options set forth in this Paragraph 3.2(a) to another, from time to time time, the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. Landlord shall give Tenant reasonable prior written notice of any such change. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and13;and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Tenant shall pay the Real Property Taxes directly to the applicable taxing authority. Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. Notwithstanding the foregoing, Landlord shall have the right to contest the amount or validity of any Real Property Taxes, in whole or in part, by appropriate administrative and legal proceedings, and to instruct Tenant to postpone payment of any such contested Real Property Taxes pending the prosecution of such proceedings and any appeals.

Appears in 1 contract

Sources: Lease Agreement (Lsi Logic Corp)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of : (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: : (1i) Landlord may ▇forward invoices or bills for such expenses to Tenant no later than twenty (20) days before such invoices or bills are due, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may b▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇b▇▇▇ therefore therefor from Landlord; and/or , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Vantive Corp)

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Termterm of this Lease, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateor any earlier occupancy by Tenant, Tenant shall pay to Landlord or to Landlord’s designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amountsfollowing: A. a) All Taxes relating to the Premises as set forth in Paragraph 9, and b) All insurance premiums relating to the Premises, as set forth in Paragraph 12, and c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys’ fees and legal expenses, that may accrue thereto in the event of Tenant's Proportionate Share of ’s failure to pay such amounts, and all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) damages, reasonable costs and expenses which Landlord may ▇▇▇▇ incur by reason of default of Tenant or failure on Tenant’s part to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year comply with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent. d) MANAGEMENT FEE EQUAL TO 3% OF THE BASIC RENT (as stated in Paragraph 4A, above): The Additional Rent due hereunder shall be paid to Landlord or Landlord’s agent (i) within five (5) days after presentation of invoice from Landlord or Landlord’s agent setting forth such Additional Rent and/or (ii) at the option of Landlord, Tenant shall pay to Landlord monthly, in advance, Tenant’s pro-rata share of an amount estimated by Landlord to be Landlord’s approximate average monthly expenditure for such Additional Rent items, which estimated amount shall be reconciled at the end of each calendar year as compared to Landlord’s actual expenditure for said Additional Rent items, with Tenant paying to Landlord, upon demand, any amount of actual expenses expended by Landlord in excess of said estimated amount, or Landlord refunding to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease) any amount of estimated payments made by Tenant in excess of Landlord’s actual expenditures for said Additional Rent items. The respective obligations of Landlord and Tenant under this paragraph shall survive the expiration or other termination of the term of this Lease, and if the term hereof shall expire or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the calendar year in which the term hereof expires or otherwise terminates shall be determined and settled on the basis of the statement of Additional Rent for such calendar year and shall be prorated in the proportion which the number of days in such calendar year preceding such expiration or termination bears to 365.

Appears in 1 contract

Sources: Lease Agreement (Zev Ventures Inc.)

Additional Rent. Commencing on Subject to the Commencement Date (as determined pursuant provisions of Exhibit A, --------------- Tenant covenants and agrees to Section 2.3 above) and continuing throughout the Termpay, in addition to the Base Monthly Rent due and payable on and after Basic Rent, the Rent Commencement Date, Tenant shall pay to Landlord as additional rent ("Additional Rent") the following amounts: A. Tenant's Proportionate Prorata Share of all Building Operating Expenses. Building Operating Expenses shall be all expenses relating to the Building including, but not limited to, real estate taxes, sales, franchise, business corporation, or any other taxes (except income taxes) based on rents, Landlord's insurance (as defined in Article 13paragraph 6.1 and 6.2 below), utilities not separately metered to individual tenants, maintenance, repairs, operating supplies, property management, building services, snow removal, landscaping, equipment, materials, labor for management and maintenance, resurfacing, repainting and restriping of parking areas, car stops, signage, security lighting and security. Building Operating Expenses will not include monies spend for expenditures of a capital nature (except to the extent that such expenses otherwise cause a reduction of the Building Operating Expenses without a reduction of services; in such cases, that part of the capital expense attributable to the calendar year under good accounting practices shall be included in the Building Operating Expenses). Payment Tenant shall pay monthly, as Additional Rent, in addition to the Basic Rent, Tenant's Estimated Share of Building Operating Expenses which shall represent Landlord's best estimate of such costs. Exhibit C attached hereto sets forth Landlord's estimate of the Building Operating Expenses for the calendar year in which this Lease commences, but shall in no way limit Tenant's obligation to pay Additional Rent as described above. Annually, or from time to time, after assessing past and estimated operating cost data, the Landlord may adjust the monthly operating cost payment provided for herein upward or downward to reflect more accurately anticipated monthly costs. All payments due at least twenty (20) days after the revision shall be made by whichever at the new rate. As of the following methods (or combination close of methods) is (are) from time to time designated by Landlord: (1) each calendar year, Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share shall compute the actual costs of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred operating the Building for the ensuing calendar or fiscal yearprevious twelve-month period (if the Building has been operating for less than twelve months, as Landlord may determine, the cost of operating the Building for year shall be determined by dividing the actual operating costs by the number of days of actual operating and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.multiplying by

Appears in 1 contract

Sources: Agreement of Lease (Yurie Systems Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Sublease (Atheros Communications Inc)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Lease Term (and subject to final reconciliation after expiration or sooner termination of the Lease Term), in addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and provided Landlord delivers such invoices to Tenant at least 15 days prior to the due date, Tenant shall pay such invoices or bills no later than ten (10) days prior to the due date; if Landlord delivers such invoices less than 15 days prior to the due date, Tenant shall pay the same with 5 days after receipt and if each case, Tenant shall deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Office Lease (Cortina Systems Inc)

Additional Rent. All amounts due from Tenant to Landlord, including, without limitation, the items in (i)-(v) below, shall be considered “Additional Rent”. Commencing on the Lease Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("Additional Rent") , in cash or other immediately available good funds in the following amounts: A. Tenant's Proportionate Share of i. An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred or to be incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) following: Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to revise such estimate from time to time. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed.; B. ii. Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal iii. Legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; iv. Real Property Taxes, to be paid directly to the taxing authority by Landlord which Tenant shall reimburse to Landlord; and D. v. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Lease (LumiraDx LTD)

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Termterm of this Lease, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateor any earlier occupancy by Tenant, Tenant shall pay to Landlord or to Landlord's designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amountsfollowing: A. a) All Taxes relating to the Premises as set forth in Paragraph 9, and b) All insurance premiums relating to the Premises, as set forth in Paragraph 12, and c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys' fees and legal expenses, that may accrue thereto in the event of Tenant's Proportionate Share of failure to pay such amounts, and all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) damages, reasonable costs and expenses which Landlord may ▇▇▇▇ to Tenant, incur by reason of default of Tenant or failure on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver part to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year comply with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent. d) MANAGEMENT FEE EQUAL TO 3% OF THE BASIC RENT (as stated in Paragraph 4A, above): The Additional Rent due hereunder shall be paid to Landlord or Landlord's agent (i) within five (5) days after presentation of invoice from Landlord or Landlord's agent setting forth such Additional Rent and/or (ii) at the option of Landlord, Tenant shall pay to Landlord monthly, in advance, Tenant's pro-rata share of an amount estimated by Landlord to be Landlord's approximate average monthly expenditure for such Additional Rent items, which estimated amount shall be reconciled at the end of each calendar year as compared to Landlord's actual expenditure for said Additional Rent items, with Tenant paying to Landlord, upon demand, any amount of actual expenses expended by Landlord in excess of said estimated amount, or Landlord refunding to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease) any amount of estimated payments made by Tenant in excess of Landlord's actual expenditures for said Additional Rent items. The respective obligations of Landlord and Tenant under this paragraph shall survive the expiration or other termination of the term of this Lease, and if the term hereof shall expire or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the calendar year in which the term hereof expires or otherwise terminates shall be determined and settled on the basis of the statement of Additional Rent for such calendar year and shall be prorated in the proportion which the number of days in such calendar year preceding such expiration or termination bears to 365.

Appears in 1 contract

Sources: Lease Agreement (Full Spectrum Inc.)

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateterm of this Lease, Tenant shall pay to Landlord or to Landlord’s designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlordfollowing: (1a) All Taxes relating to the Premises as set forth in Paragraph 9, and (b) All insurance premiums relating to the Premises, as set forth in Paragraph 12, and (c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys’ fees and legal expenses, that may accrue thereto in the event of Tenant’s failure to pay such amounts, and all damages, reasonable costs and expenses which Landlord may ▇▇▇▇ incur by reason of default of Tenant or failure on Tenant’s part to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year comply with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent. The Additional Rent due hereunder shall be paid to Landlord or Landlord’s agent (i) within five days after presentation of invoice from Landlord or Landlord’s agent setting forth such Additional Rent and/or (ii) at the option of Landlord, Tenant shall pay to Landlord monthly, in advance, Tenant’s prorata share of an amount estimated by Landlord to be Landlord’s approximate average monthly expenditure for such Additional Rent items, which estimated amount shall be reconciled at the end of each calendar year as compared to Landlord’s actual expenditure for said Additional Rent items, with Tenant paying to Landlord, upon demand, any amount of actual expenses expended by Landlord in excess of said estimated amount, or Landlord refunding to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease in which case such amount shall be held by Landlord as a credit for Tenant’s account until such default has been cured) any amount of estimated payments made by Tenant in excess of Landlord’s actual expenditures for said Additional Rent items. The respective obligations of Landlord and Tenant under this paragraph shall survive the expiration or other termination of the term of this Lease, and if the term hereof shall expire or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the calendar year in which the term hereof expires or otherwise terminates shall be determined and settled on the basis of the statement of actual Additional Rent for such calendar year and shall be prorated in the proportion which the number of days in such calendar year preceding such expiration or termination bears to 365.

Appears in 1 contract

Sources: Lease Agreement (Maxtor Corp)

Additional Rent. Commencing Beginning on the Lease Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord (or to Landlord’s designated agent) in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amountsfollowing: A. (a) All Taxes relating to the Premises as set forth in Paragraph 11 (Taxes), and (b) All insurance premiums for the respective insurance year and deductibles relating to the Premises, as set forth in Paragraph 15 (Property Insurance), and (c) Tenant's Proportionate Share ’s proportionate share of all Operating Expenses prorated costs and expenses related to the Ardenwood Technology Park Property Owners’ Association as set forth in Paragraph 44 (Association Dues), and (d) All charges, costs and expenses, which are applicable to the Premises and which Tenant is required to pay hereunder, including, without limitation, utilities, together with all interest and penalties, reasonable costs and expenses including reasonable attorneys’ fees and legal expenses, that may accrue thereto in the event of Tenant’s failure to pay such amounts (subject to all applicable notice) and damages arising therefrom, reasonable costs and expenses which Landlord may incur by reason of an Event of Default (as defined in Article 13Paragraph 45 (Cross Default)) of Tenant Subject to all applicable notices, in the event of nonpayment by Tenant of Additional Rent, Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of Rent under this Lease. Payment The Additional Rent due hereunder shall be made by whichever of the following methods paid to Landlord or Landlord’s agent (or combination of methodsi) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days for Taxes and Property Insurance premiums and within thirty (30) days for all other Additional Rent items after receipt presentation of a written invoice from Landlord or Landlord’s agent setting forth such Additional Rent and/or (ii) at the option of Landlord, Tenant shall pay to Landlord monthly, in advance, Tenant’s Proportionate Share of an amount estimated by Landlord to be Landlord’s approximate average monthly expenditure for such Additional Rent items. Said estimated Additional Rent amounts shall be reconciled against actual Additional Rent expenditures (i) within ninety (90) days of the end of each calendar year or within forty-five (45) days of the end of each quarter (as determined by Landlord) and (ii) within ninety (90) days of the Lease Termination Date (or as soon thereafter as reasonably possible if, for whatever reason, the Landlord cannot complete the reconciliation within said ninety (90) day period). Notwithstanding anything to the contrary herein, Landlord shall not be required to submit ongoing monthly statements to Tenant reflecting amounts owed as Additional Rent. Landlord will, however, inform ▇▇▇▇▇▇ therefore from by invoice when a previously estimated Additional Rent amount changes. In the event of any underpayment by Tenant of Additional Rent items, Tenant shall pay to Landlord; and/or , within thirty (230) days of Tenant’s receipt of an invoice therefor, any amount of actual expenses permitted under this Lease and expended by Landlord in excess of said estimated amount. In the event of any overpayment by ▇▇▇▇▇▇, Landlord shall credit any amount of estimated payments made by Tenant in excess of Landlord’s actual expenditures for said Additional Rent items to Tenant (provided Landlord may deliver withhold any portion thereof and credit Tenant to Single Tenant/Single Parcel Initial: cure Tenant’s default in the performance of any of the terms, covenants and conditions of this Lease). Notwithstanding anything to the contrary above, any credit due Tenant for a reconciliation of Additional Rent expenses that occurs after the Lease Termination Date shall be refunded to Tenant; provided however, that Landlord may withhold therefrom the amount necessary to cover any amounts due on Tenant’s account. [***] Landlord shall, upon request by ▇▇▇▇▇▇, provide Tenant with copies of individual invoices related to the foregoing actual expenses, either by facsimile, email or by U.S. mail; however, in no event shall Landlord be obligated to provide duplicate copies of any invoice or other Lease documentation to Tenant and/or Tenant’s representative (if any) for an audit of Tenant’s records outside of Landlord's ’s office. Within a reasonable estimate of any given expense (or group of expensestime period following the Lease Commencement Date, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will Landlord shall provide an invoice to Tenant reflecting the estimated Additional Rent amounts to be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, monthly in advance and Tenant shall pay said amounts monthly in advance until otherwise informed in writing that the monthly estimated Additional Rent amounts have changed and Landlord shall not otherwise submit monthly estimated Additional Rent invoices to Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Sublease Agreement (CymaBay Therapeutics, Inc.)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's ’s Proportionate Share of all Operating Expenses (as defined increases in Landlord’s Insurance Costs and Real Property Taxes over those paid during the period set forth in Article 13)1 as the “Insurance Base Year” and the “Real Property Tax Base Year”, respectively, plus an accounting fee equal to five percent of such increase. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇b▇▇▇ to Tenant, on a periodic basis not more frequently frequent than monthly, Tenant's ’s Proportionate Share of such expenses (any increases in Landlord’s Insurance Costs or group of expenses) Real Property Taxes, as paid or incurred by LandlordLandlord during the current period over those paid or incurred in the same period during the applicable Base Year, and Tenant shall pay such share of such expenses increases, together with an accounting fee equal to five percent of the amount billed, within thirty (30) ten days after receipt of a written ▇b▇▇▇ therefore from Landlord; and/oror (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as the increase in Landlord's ’s Insurance Costs or and/or Real Property Taxes) which Taxes it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determinethe case requires, over those paid or incurred during the applicable Base Year, and Tenant shall pay Tenant's its Proportionate Share of such expenses the estimated increases for such year year, together with an accounting fee equal to five percent of the amount billed, in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's its Proportionate Share of such expenses increases or the periodic basis on which such expenses increases are billed. B. Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings subletting as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. E. For the purposes of this Lease, the term “Additional Rent” shall not include an accounting fee equal to five percent (5%) of the increase in the Tenant’s Proportionate Share in any increases in Landlord’s Insurance Costs or Real Property Taxes. No such charge shall be imposed on the Tenant during the term of the Lease.

Appears in 1 contract

Sources: Industrial Space Lease (Viasystems Group Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty ten (3010) days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for from the ensuing ensuring calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Introbiotics Phamaceuticals Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Operating Property operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant . Landlord shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time (but not more frequently than once per year) the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. Tenant may cause an audit of Landlord's books and records to determine the accuracy of Landlord's ▇▇▇▇▇▇▇▇ for Property Operating Expenses under this Lease, provided Tenant commences such audit within sixty (60) days after Tenant's receipt of the year-end statement described in Section 3.3 below setting forth the annual reconciliation of the Property Operating Expenses. If such audit reveals that the actual Property Operating Expenses for any given year were less than the amount that Tenant paid for Property Operating Expenses for any such year, then Landlord shall pay to Tenant the excess. If such audit reveals a discrepancy of more than three (3%) percent of the actual amount of any Property Operating Expenses charges, then Landlord shall pay the cost of the audit.

Appears in 1 contract

Sources: Lease (Digital Island Inc)

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateterm of this Lease, Tenant shall pay to Landlord or to Landlord's designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlordfollowing: (1a) All Taxes relating to the Premises as set forth in Paragraph 9, and (b) All insurance premiums and deductibles relating to the Premises, as set forth in Paragraph 12, and (c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys' fees and legal expenses, that may accrue thereto in the event of Tenant's failure to pay such amounts, and all damages, reasonable costs and expenses which Landlord may ▇▇▇▇ incur by reason of default of Tenant or failure on Tenant's part to Tenantcomply with the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, on a periodic basis not more frequently than Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent, and (d) all prorated costs and expenses related to the Ardenwood Property Owners' Association as set forth in Paragraph 44. The Additional Rent due hereunder shall be paid to Landlord or Landlord's agent (i) within five business days for taxes and insurance and within thirty days for all other Additional Rent items after presentation of invoice from Landlord or Landlord's agent setting forth such Additional Rent and/or (ii) at the option of Landlord, Tenant shall pay to Landlord monthly, in advance, Tenant's Proportionate Share prorata share of an amount estimated by Landlord to be Landlord's approximate average monthly expenditure for such expenses (Additional Rent items, which estimated amount shall be reconciled within 120 days of the end of each calendar year or group of expenses) more frequently if Landlord elects to do so at Landlord's sole and absolute discretion as paid or incurred by compared to Landlord's actual expenditure for said Additional Rent items, with Tenant paying to Landlord, upon demand, any amount of actual expenses expended by Landlord in excess of said estimated amount, or Landlord crediting to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease) any amount of estimated payments made by Tenant shall pay such share in excess of such expenses within Landlord's actual expenditures for said Additional Rent items. Within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expensesreconciliation, such as Tenant shall have the right, at Tenant's sole expense, to audit, at a mutually convenient time at Landlord's Insurance Costs office, Landlord's records relating to the foregoing expenses. Such audit must be conducted by Tenant or Real Property Taxes) which it anticipates will an independent nationally recognized accounting firm that is not being compensated by Tenant or other third party on a contingency fee basis. If such audit reveals that Landlord has overcharged Tenant, the amount overcharged shall be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay credited to Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with account within thirty (30) days after the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedaudit is concluded. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Abgenix Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's ’s Proportionate Share of all Operating Expenses (as defined increases in Landlord’s Insurance Costs and Real Property Taxes over those paid during the period set forth in Article 13)1 as the “Insurance Base Year” and the “Real Property Tax Base Year”, respectively, plus an accounting fee equal to five percent of such increase. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently frequent than monthly, Tenant's ’s Proportionate Share of such expenses (any increases in Landlord’s Insurance Costs or group of expenses) Real Property Taxes, as paid or incurred by LandlordLandlord during the current period over those paid or incurred in the same period during the applicable Base Year, and Tenant shall pay such share of such expenses increases, together with an accounting fee equal to five percent of the amount billed, within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore from Landlord; and/oror (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as the increase in Landlord's ’s Insurance Costs or and/or Real Property Taxes) which Taxes it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determinethe case requires, over those paid or incurred during the applicable Base Year, and Tenant shall pay Tenant's its Proportionate Share of such expenses the estimated increases for such year year, together with an accounting fee equal to five percent of the amount billed, in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's its Proportionate Share of such expenses increases or the periodic basis on which such expenses increases are billed. B. Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings subletting as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. E. For the purposes of this Lease, the term “Additional Rent” shall not include an accounting fee equal to five percent (5%) of the increase in the Tenant’s Proportionate Share in any increases in Landlord’s Insurance Costs or Real Property Taxes. No such charge shall be imposed on the Tenant during the term of the Lease.

Appears in 1 contract

Sources: Industrial Space Lease (Viasystems Group Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may ▇▇forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may bill ▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written bill ▇▇▇▇ therefore refor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (a) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (b) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (c) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease (Redback Networks Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may ▇▇forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may bill ▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written bill ▇▇▇▇ therefore refor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease Agreement (Marvell Technology Group LTD)

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateterm of this Lease, Tenant shall pay to Landlord or to Landlord’s designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlordfollowing: (1a) All Taxes relating to the Premises as set forth in Paragraph 9, and (b) All insurance premiums and deductibles relating to the Premises, as set forth in Paragraph 12, and (c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys’ fees and legal expenses, that may accrue thereto in the event of Tenant’s failure to pay such amounts, and all damages, reasonable costs and expenses which Landlord may ▇▇▇▇ incur by reason of default of Tenant or failure on Tenant’s part to Tenantcomply with the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, on a periodic basis not more frequently than monthlyLandlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent, Tenant's Proportionate Share and (d) all prorated costs and expenses related to the Ardenwood Property Owners’ Association as set forth in Paragraph 44. The Additional Rent due hereunder shall be paid to Landlord or Landlord’s agent (i) within five business days for taxes and insurance and within thirty days for all other Additional Rent items after presentation of invoice from Landlord or Landlord’s agent setting forth such expenses Additional Rent and/or (or group ii) at the option of expenses) as paid or incurred by Landlord, and Tenant shall pay such to Landlord monthly, in advance, Tenant’s prorata share of an amount estimated by Landlord to be Landlord’s approximate average monthly expenditure for such Additional Rent items, which estimated amount shall be reconciled within 120 days of the end of each calendar year or more frequently if Landlord elects to do so at Landlord’s sole and absolute discretion as compared to Landlord’s actual expenditure for said Additional Rent items, with Tenant paying to Landlord, upon demand, any amount of actual expenses within expended by Landlord in excess of said estimated amount, or Landlord crediting to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease) any amount of estimated payments made by Tenant in excess of Landlord’s actual expenditures for said Additional Rent items. Within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses’s reconciliation, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay have the right, at Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with ’s sole expense, to audit, at a mutually convenient time at Landlord’s office, Landlord’s records relating to the installments of Base Monthly Rentforegoing expenses. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received Such audit must be conducted by Tenant upon certain assignments and sublettings as required or an independent nationally recognized accounting firm that is not being compensated by Article 7; C. Any legal fees and costs Tenant or other third party on a contingency fee basis. If such audit reveals that Tenant Landlord has overcharged Tenant, the amount overcharged shall be credited to Tenant’s account within thirty (30) days after the audit is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Leaseconcluded.

Appears in 1 contract

Sources: Sublease (Protein Design Labs Inc/De)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlordfollowing: (1) Landlord may All utilities relating to the Complex as set forth in Paragraph 11, and (2) All Taxes relating to the Complex as set forth in Paragraph 12, and (3) All insurance premiums relating to the Complex, as set forth in Paragraph 15, and (4) All expenses for the operation, management, maintenance and repair of the Building (including common areas of the Building) and Common Areas of the Complex in which the Premises are located as set forth in Paragraph 7, and (5) All charges, costs and expenses, which ▇▇▇▇▇▇ is required to Tenantpay hereunder, on a periodic basis not more frequently than monthlytogether with all interest and penalties, costs and expenses including attorney's fees and legal expenses, that may accrue thereto in the event of Tenant's Proportionate Share of failure to pay such expenses (or group of expenses) as paid or incurred by Landlordamounts, and all damages, reasonable costs and expenses which Landlord may incur by reason of default of Tenant or failure on Tenant's part to comply with the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent. Tenant shall pay to Landlord monthly, in advance, the amount estimated by Landlord to be Landlord's approximate average monthly expenditure for such share Additional Rent items, which estimated amount shall be reconciled at the end of such expenses each calendar year as compared to Landlord's actual expenditure for said Additional Rent items, with Tenant paying to Landlord, within thirty (30) days after receipt of Landlord’s demand therefor, any amount of actual expenses expended by Landlord in excess of said estimated amount, or with Landlord refunding to Tenant (provided that if Tenant is in default beyond the expiration of any applicable notice and cure period in the performance of any of the terms, covenants and conditions of this Lease, Landlord may deduct from any reconciliation payment due Tenant any delinquent rents or its reasonable estimated costs of Tenant’s default) any amount of estimated payments made by Tenant in excess of Landlord's actual expenditures for said Additional Rent items. Such reconciliation shall be initiated by ▇▇▇▇▇▇▇▇’s delivery to Tenant of a written detailed statement setting forth the actual cost of all such Additional Rent items, including copies of actual bills or invoices for Taxes, insurance premiums, and any other Additional Rent Item the annual cost of which exceeds One Thousand Dollars ($1,000), and comparing such actual costs to the estimated amounts paid by Tenant in such calendar year (or portion thereof). Landlord shall use good faith commercially reasonable efforts to deliver such statement within one hundred fifty (150) days following the end of each calendar year. If Tenant in good faith disputes the amount of Additional Rent charges imposed under this Paragraph 4.D, then Landlord and Tenant shall endeavor in good faith to resolve any dispute. If Landlord and Tenant cannot resolve such dispute, Tenant shall have the right to cause an independent certified public accountant approved by Landlord (which approval shall not be unreasonably withheld) (the “Accountant”) to complete an audit of Landlord’s books and records pertaining to the Additional Rent charges imposed by Landlord to determine the proper amount of thereof according to the Lease. If such audit reveals that ▇▇▇▇▇▇▇▇ therefore from has undercharged Tenant, Tenant shall pay the shortfall to Landlord within ten (10) days following the receipt of the audit results. If such audit reveals that ▇▇▇▇▇▇▇▇ has overcharged Tenant, then any excess amounts paid by Tenant as reasonably determined the Accountant shall be, if previously paid to Landlord; and/or , credited against Additional Rent next coming due, and if the Additional Rent charges imposed on Tenant by Landlord exceed the actual charges therefor incurred by Landlord by more than five percent (2) 5%), then the reasonable costs incurred by Tenant in performing the audit also shall be credited against Additional Rent next coming due (and if the Lease Term has expired, the amounts that would have been so credited shall be paid by Landlord may deliver to Tenant Landlord's reasonable estimate within fifteen (15) days after such amounts have been determined). Tenant’s payment for such Additional Rent as of the commencement of the term of this lease shall be Eleven Thousand One Hundred ($11,100.00) Dollars per month. Any payments required to be made by Tenant for Additional Rent shall be made by check or instrument separate from that check or instrument used by Tenant to make any given expense (payments for Basic Rent pursuant to paragraph 4A. The respective obligations of Landlord and Tenant under this paragraph shall survive the expiration or group other termination of expensesthe term of this Lease, such as Landlord's Insurance Costs and if the term hereof shall expire or Real Property Taxes) which it anticipates will be paid or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the ensuing calendar year in which the term hereof expires or fiscal year, as Landlord may determine, otherwise terminates shall be determined and Tenant shall pay Tenant's Proportionate Share settled on the basis of such expenses the statement of actual Additional Rent for such calendar year and shall be prorated in equal monthly installments during the proportion which the number of days in such calendar year with the installments of Base Monthly Rent. Landlord reserves the right preceding such expiration or termination bears to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed365. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Bitgo Holdings, Inc.)

Additional Rent. Commencing on the Commencement Date (as determined pursuant If any tenants under a Lease are required to Section 2.3 above) pay percentage rents, escalation charges for real estate taxes, parking charges, operating expense and continuing throughout the Termmaintenance escalation rents or charges, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateporter's wage increases, Tenant shall pay to Landlord as additional rent ▇▇▇▇-▇▇-living increases, "sundry charges" or other charges of a similar nature ("Additional RentRents") the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant any Additional Rents are collected by Purchaser after the Closing Date which are attributable in whole or in part to any period prior to the Closing, then Purchaser shall promptly pay such to Seller its proportionate share thereof, less a proportionate share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's any reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal attorneys' fees and costs that Tenant and expenses of collection thereof. With respect to any Additional Rents paid or payable by tenants under any Leases for any period ending prior to the Closing which are to be adjusted between the landlord and the tenant thereunder after the Closing (i) the Seller agrees, with respect to such adjustments which are in favor of any such tenant, to reimburse Purchaser, on demand, for the amount of such adjustments which the landlord under such Lease is obligated to pay or reimburse credit to Landlord pursuant such tenant and (ii) the Purchaser agrees, with respect to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant such adjustments which are in favor of landlord, to pay to Seller, on demand, the terms amount of this Leasesuch adjustments which the tenant under any such Lease pays to Purchaser. No adjustment which results in the compromising of any claim shall be made without Seller's prior approval. The calculation of the proration of Additional Rents hereunder shall be computed on a straight-line basis for the calendar year in which the Closing occurs.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Cali Realty Corp /New/)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)13 but subject to the limitations set forth therein) incurred or to be incurred by Landlord not to exceed $0.22 per sq. ft. per month, including management fees. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than thirty (30) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to revise such estimate from time to time. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. In the event Tenant is responsible to pay taxes directly, Landlord shall have no obligation to make such payments, whether or not Landlord receives evidence of payment from Tenant, and Tenant shall in all cases be responsible for any fines, penalties, interest and damages for late payment.

Appears in 1 contract

Sources: Lease Agreement (Blue Coat Systems Inc)

Additional Rent. Commencing During the Lease Term hereof, Tenant agrees to pay the Landlord at the address as shown herein, or at such other place as the Landlord may from time to time designate in writing, “Additional Rent,” in an amount equal to the amount by which seven (7%) percent of “Gross Sales,” as defined hereinafter, exceeds the Minimum Rent described above. The Additional Rent for each month of the term hereof shall be paid on the Commencement Date fifteenth day of the following month, for example, the Additional Rent for January shall be paid on February 15. Tenant shall keep or cause to be kept, full, complete, and proper books, records and accounts of the Gross Sales and credits of each separate department and concession at any time operated in the Demised Premises; said books, records and accounts, including any sales tax reports that Tenant may be required to furnish to any governmental agency, shall at all reasonable times be open to the inspection and audit of Landlord, Landlord’s auditor or other authorized representative or agent. At Landlord’s expense, Landlord may cause at any reasonable time upon fifteen (as determined 15) days prior notice to Tenant a complete audit to be made of Tenant’s records relating to Gross Sales for the period covered by any statement issued by Tenant pursuant to Section 2.3 above) and continuing throughout the Termthis Lease; provided, in addition however, that if such records are found to be incorrect to the Base Monthly Rent due and payable on and after extent of three-percent (3%) or more over the Rent Commencement DateGross Sales figure submitted by Tenant, Tenant shall pay for such audit. Tenant shall promptly pay to Landlord any deficiency, or Landlord shall promptly credit to Tenant’s account any overpayment, as additional rent the case may be, which is established by such audit. Landlord shall have the right to audit Tenant’s books and records with respect to Gross Sales twice during any Lease Year and any time within 3 years after the date of such statement. Within thirty ("Additional Rent"30) days after the following amounts: A. Tenant's Proportionate Share close of all Operating Expenses (as defined in Article 13). Payment each Lease Year, a final adjustment and accounting for each Lease Year shall be made by whichever had to determine the Gross Sales of the following methods preceding Lease Year, and the amount of rent paid by Tenant during such preceding Lease Year, including the rent based upon the percentage of Gross Sales. In the event the amounts of rent for said Lease Year actually paid by Tenant exceed seven percent (or combination 7%) of methods) is (are) from time to time designated Gross Sales as so computed on a twelve month basis, then such excess rental payments shall be promptly credited by Landlord: (1) Landlord may ▇▇▇▇ to Tenant’s account; provided, on a periodic basis not more frequently however, that Tenant shall never pay for any Lease Year less than monthlythe Minimum Rent provided for above. In the event the amount of rent paid by Tenant is less than seven percent (7%) of Gross Sales, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share the difference to Landlord. All debits and credits arising under the terms of such expenses this paragraph shall be paid in any event within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate the completion of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, final adjustment and accounting. Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments continuously during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms entire Term of this Lease, occupy and operate said business on the Premises with due diligence and efficiency as to reasonably produce the maximum return and Additional Rent to Landlord.

Appears in 1 contract

Sources: Business Lease (VCG Holding Corp)

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateterm of this Lease, Tenant shall pay to Landlord or to Landlord's designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlordfollowing: (1a) All Taxes relating to the Premises as set forth in Paragraph 9, and (b) All insurance premiums relating to the Premises, as set forth in Paragraph 12, and (c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys' fees and legal expenses, that may accrue thereto in the event of Tenant's failure to pay such amounts, and all damages, reasonable costs and expenses which Landlord may ▇▇▇▇ to Tenant, incur by reason of default of Tenant or failure on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver part to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year comply with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent. The Additional Rent due hereunder shall be paid to Landlord or Landlord's agent (i) within FIVE (5) DAYS after presentation of invoice from Landlord or Landlord's agent setting forth such Additional Rent and/or (ii) at the option of Landlord, Tenant shall pay to Landlord monthly, in advance, Tenant's prorata share of an amount estimated by Landlord to be Landlord's approximate average monthly expenditure for such Additional Rent items, which estimated amount shall be reconciled at the end of each calendar year as compared to Landlord's actual expenditure for said Additional Rent items, with Tenant paying to Landlord, upon demand, any amount of actual expenses expended by Landlord in excess of said estimated amount, or Landlord refunding to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease) any amount of estimated payments made by Tenant in excess of Landlord's actual expenditures for said Additional Rent items. The respective obligations of Landlord and Tenant under this paragraph shall survive the expiration or other termination of the term of this Lease, and if the term hereof shall expire or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the calendar year in which the term hereof expires or otherwise terminates shall be determined and settled on the basis of the statement of Additional Rent for such calendar year and shall be prorated in the proportion which the number of days in such calendar year preceding such expiration or termination bears to 365.

Appears in 1 contract

Sources: Lease Agreement (Alliance Fiber Optic Products Inc)

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateterm of this Lease, Tenant shall pay to Landlord or to Landlord’s designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlordfollowing: (1a) All Taxes relating to the Premises as set forth in Paragraph 9, and (b) All insurance premiums relating to the Premises, as set forth in Paragraph 12, and (c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys’ fees and legal expenses, that may accrue thereto in the event of Tenant’s failure to pay such amounts, and all damages, reasonable costs and expenses which Landlord may ▇▇▇▇ incur by reason of default of Tenant or failure on Tenant’s part to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year comply with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent. The Additional Rent due hereunder shall be paid to Landlord or Landlord’s agent (i) within five days after presentation of invoice from Landlord or Landlord’s agent setting forth such Additional Rent and/or (ii) at the option of Landlord, Tenant shall pay to Landlord monthly, in advance. Tenant’s prorata share of an amount estimated by Landlord to be Landlord’s approximate average monthly expenditure for such Additional Rent items, which estimated amount shall be reconciled at the end of each calendar year as compared to Landlord’s actual expenditure for said Additional Rent items, with Tenant paying to Landlord, upon demand, any amount of actual expenses expended by Landlord in excess of said estimated amount, or Landlord refunding to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease in which case such amount shall be held by Landlord as a credit for Tenant’s account until such default has been cured any amount of estimated payments made by Tenant in excess of Landlord’s actual expenditures for said Additional Rent Items. The respective obligations of Landlord and Tenant under this paragraph shall survive the expiration or other termination of the term of this Lease, and if the term hereof shall expire or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the calendar year in which the term hereof expires or otherwise terminates shall be determined and settled on the basis of the statement of actual Additional Rent for such calendar year and shall be prorated in the proportion which the number of days in such calendar year preceding such expiration or termination bears to 365.

Appears in 1 contract

Sources: Lease Agreement (Maxtor Corp)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten working days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. . (3) Landlord reserves the right to change from time to time the method methods, of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this LeaseLease other than late charges and interest on defaulted rent.

Appears in 1 contract

Sources: Consent to Sublease (Alphasmart Inc)

Additional Rent. Commencing on A. Tenant shall pay the Commencement Date following as Additional Rent: (i) 100% of any and all costs and expenses, whether considered Operating Costs (as determined pursuant herein defined) or otherwise, attributable solely to the Premises, or to Tenant’s use, or resulting from the actions or inactions of Tenant or those acting by, through, or under Tenant (subject to limitations set forth in Section 2.3 above15 hereof); (ii) the cost of utilities consumed within the Premises required to be paid by Tenant under Section 6 of this Lease; (iii) any increase in Real Estate Taxes (as herein defined) payable with respect to the Property, based upon Tenant’s Pro Rata Share, exceeding the Property Real Estate Taxes for the year ending June 30, 2015 (“Base Tax Year”); (iv) any increase in Operating Costs incurred by Landlord with respect to the Property and continuing throughout Building, based upon Tenant’s Pro Rata Share, exceeding the TermOperating Costs incurred by Landlord for the calendar year ending December 31, 2014 (“Base Operating Cost Year”); and (v) costs incurred by Landlord to repair items at the Property damaged by ▇▇▇▇▇▇’s use. For the purpose of determining Operating Costs for the Base Operating Cost Year, in addition the event that less than ninety-five (95%) percent of the Building is occupied, costs which would be increased by additional occupancy, as reasonably determined by Landlord, shall be extrapolated to the Base reflect 95% occupancy. B. If, as and when requested by Landlord and with each Monthly Rent due and payable on and after the Rent Commencement DatePayment, Tenant shall make such payments in advance as Landlord shall reasonably request to be sufficient to pay to as and when due, all Additional Rent required by Section 5.A. hereof, and if Landlord as additional rent ("Additional Rent") the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment does not request such advance payments Tenant shall be made by whichever permitted to make estimated monthly payments on account of the Additional Rent together with each Monthly Payment, with any adjustments paid or credited as applicable following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share ▇▇▇▇▇’s reconciliation of such expenses (or group of expenses) as paid or incurred by Landlord, and Additional Rent. Tenant shall pay such share of such expenses Additional Rent to Landlord within thirty ten (3010) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) the date Landlord may deliver to invoices Tenant Landlord's reasonable estimate of for same, as adjusted for any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be amounts previously paid or incurred by Tenant for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with period covered by the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedinvoice. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Lease (Cyber-Ark Software Ltd.)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 abovea) and continuing throughout the Term, in In addition to the Base Monthly Rent foregoing minimum rent, all other payments to be made by TENANT to LANDLORD shall be deemed to be and shall become additional rent hereunder whether or not the same be designated as such; and shall be due and payable on demand or together with the next succeeding installment of rent, whichever shall first occur; and after LANDLORD shall have the Rent Commencement Datesame remedies for failure to pay the same as for a nonpayment of rent. LANDLORD, Tenant at its election, shall have the right to pay or do any act which requires the expenditure of any sums of money by reason of the failure or neglect of TENANT to perform any of the provisions of this Lease, and in the event LANDLORD shall at its election pay such sums or do such acts requiring the expenditure of monies. TENANT agrees to pay LANDLORD. upon demand, all such sums, and the sum so paid by LANDLORD, shall be deemed additional rent and be payable as such. (b) TENANT shall also pay the following expenses: real estate taxes, property insurance, lawn maintenance, and ICOT association fees, all of such items collectively shall be known as “Operating Expenses”. Prior to January 31st of each year, LANDLORD shall furnish to TENANT, Landlord’s estimate of the additional rent with respect to the coming year, that is, the real estate taxes, premium for property insurance, estimated lawn maintenance, and ICOT Net Lease association fees. TENANT will then pay to Landlord LANDLORD on the first day of each month as additional rent an amount equal to one twelfth ("Additional Rent"1112) of Landlord’s estimate of the following amounts: A. Tenant's Proportionate Share additional rent. Until LANDLORD shall furnish a revised estimate to the TENANT, TENANT shall continue to pay to LANDLORD on the first day of each month an amount equal to the additional rent payable the preceding month. Said additional rent shall be adjusted after the end of the year to reflect the actual expenditures incurred, and any shortage shall be billed to TENANT, and any overpayment shall be credited to TENANT. The obligation of the TENANT with respect to the payment of all Operating Expenses (as defined in Article 13). Payment rent shall be made by whichever survive termination of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedlease. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Net Lease (As Seen on TV, Inc.)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article ARTICLE 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may ▇▇forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than thirty (30) days following receipt of any such invoices or bills, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may bill ▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written bill ▇▇▇▇ therefore refor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article ARTICLE 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article ARTICLE 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.. Notwithstanding the foregoing, Landlord may elect by thirty (30) days prior written notice to Tenant (provided such written notice is received by Tenant at least thirty (30) days prior to delinquency) to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. Tenant may cause an audit of Landlord's books and records to determine the accuracy of Landlord's bill▇▇▇▇ ▇▇▇ Property Operating Expenses under this Lease, provided Tenant commences such audit within sixty (60) days after Tenant's receipt of the year-end statement described in Section 3.3 above setting forth the annual reconciliation of

Appears in 1 contract

Sources: Lease Agreement (Juniper Networks Inc)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 abovea) and continuing throughout the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord as additional rent ("Additional Rent") the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord:Taxes & Insurance (1) Landlord may ▇▇▇▇ In the event the "Tax and Insurance Expenses" (as defined below) of the Building shall in any calendar year during the ten-n of this Lease exceed the actual 1996 cost of these two items, then with respect to Tenantsuch excess (the "Tax and Insurance Differential"), on a periodic basis not more frequently than monthly, Tenant agrees to pay as additional rental Tenant's Proportionate Share prorata share of the "Tax and Insurance Differential" within ten (10) days following receipt of an invoice from Landlord stating the amount due. The prorata share to be paid by Tenant is approximately Two and Sixty Hundredths percent (2.60%) and this is computed by dividing square footage referenced in paragraph three of this lease agreement by the approximate total project square footage of 111,113 subject, however, to adjustment for any expansion of the Leased Premises. In the case of a multibuilding Project, if such Tax and Insurance Expenses are not separately assessed to the Building but are assessed against the Project as a whole, Landlord shall determine the portion of such expenses (or group of expenses) as paid or incurred by Landlord, Tax and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/orInsurance Expenses allocable to the Building in which the Leased Premises are located. (2) At or prior to the commencement of this Lease and at any time during the Lease term, Landlord may deliver to Tenant Landlord's reasonable a written estimate of any given expense additional rent applicable to the Leased Premises (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxesbased on the prorata share stated above) which it anticipates will may be paid anticipated for excess Taxes and Insurance Expenses during the calendar year in which this Lease commences or incurred for the ensuing any succeeding calendar or fiscal year, as the case may be. Based upon such written estimate, the monthly Base Rental shall be increased by one-twelfth (1/12) of the estimated additional rent. (3) Statements showing the actual Tax and Insurance Expenses (as well as the actual Common Area Maintenance as defined in Paragraph 6 (b) below) and Tenant's proportionate share thereof (hereinafter referred to as the "Statement of Actual Adjustment") shall be delivered by Landlord may determineto Tenant after any calendar year in which additional rental was due by Tenant. Within ten (10) days after the delivery by Landlord to Tenant of such Statement of Actual Adjustment, and Tenant shall pay Tenant's Proportionate Share Landlord the amount of any additional rental shown on such statement as being due and unpaid. If such Actual Adjustment shows the Tenant has paid more than the amount of additional rental actually due from Tenant for the preceding calendar year and if Tenant is not then in default under this Lease, Landlord shall credit the amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant excess to the terms of this Leasenext base Rental installment due from Tenant.

Appears in 1 contract

Sources: Lease Agreement (Company Doctor)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent") ”), cash or other immediately available good funds in the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13). Payment shall ) incurred or to be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant . Landlord shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change revise such estimate from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedtime. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; andand Building E D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, at any time that both (i) the Property consists of one or more separate legal parcels on which the Building (but none of the Other Buildings) are located, and (ii) Tenant leases all of the rentable square footage in the Building, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than thirty (30) days before such Real Property Taxes become delinquent. In the event Tenant is responsible to pay taxes directly, Landlord shall have no obligation to make such payments, whether or not Landlord receives evidence of payment from Tenant, and Tenant shall in all cases be responsible for any fines, penalties, interest and damages for late payment.

Appears in 1 contract

Sources: Lease Agreement (Palo Alto Networks Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout through the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord:. (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than the later of thirty (30) days after delivery by Landlord or ten (10) days prior to due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as a required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than the later of thirty (30) days after delivery by Landlord or ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease (Vivus Inc)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Lease Term (and subject to final reconciliation after expiration or sooner termination of the Lease Term), in addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall pay the same within thirty (30) days after receipt and in each case upon request, Tenant shall deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments within the later of ten (10) days before such Real Property Taxes become delinquent or thirty (30) days after receipt of the invoice or ▇▇▇▇ for the same.

Appears in 1 contract

Sources: Office Lease (PMC Sierra Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings subletting as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease Agreement (Digital Microwave Corp /De/)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of : (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: : (1i) Landlord may ▇▇▇▇ forward invoices or bills for such expenses to Tenant no later than twenty (20) days before such invoices or bills are due, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may bill to Tenant, on a periodic basis not bas▇▇ ▇ot more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore bill therefor from Landlord; and/or , and/o▇ (2▇ii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Vantive Corp)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease Agreement (Digital Microwave Corp /De/)

Additional Rent. Commencing (a) Tenant shall (i) pay all charges for water, sewer, and electricity used by Tenant during the term of this Lease and metering therefor; (ii) pay all telephone charges; and (iii) be responsible for the prompt and sanitary storage of Tenant’s refuse and rubbish in the Premises. (b) Any amounts required to be paid by Tenant hereunder and any charges or expenses incurred by Landlord on behalf of Tenant under the terms of this Lease shall be considered additional rent payable in the same manner and upon the same terms and conditions as the rent reserved hereunder. Any failure on the Commencement Date (part of Tenant to pay such additional rental when and as determined pursuant to Section 2.3 above) and continuing throughout the Term, in addition same shall become due shall entitle Landlord to the Base Monthly Rent due and payable on and after remedies available to it for non-payment of rent. Tenant’s failure to object to any statement, invoice or billing rendered by the Rent Commencement Date, Tenant shall pay to Landlord as additional rent within a period of sixty ("Additional Rent") the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (3060) days after receipt of a written ▇▇▇▇ therefore from thereof shall constitute Tenant’s acquiescence with respect thereto, and such statement, invoice or billing shall thereafter be deemed to be correct and shall be an account stated between Landlord and Tenant. If Tenant requests that Landlord prepare, review, or execute any document, consent or waiver in connection with this Lease or otherwise, Tenant shall be obligated to pay to Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Additional Rent a fee, in the amount set forth on a fee schedule adopted by Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change its reasonable determination from time to time time, to compensate Landlord for the method reasonable cost of billing reviewing and processing any such request, and Landlord shall not be obligated to process any such request of Tenant until Tenant has paid Landlord the applicable processing fee. Landlord will supply Tenant with a copy of Landlord’s then current processing fee schedule upon Tenant's Proportionate Share ’s request. Nothing herein shall be deemed to require that Landlord consent to, execute or approve any document, consent or waiver submitted to Landlord by Tenant notwithstanding Tenant’s payment of such expenses or the periodic basis on which such expenses are billedapplicable processing fee. B. Landlord's share of the consideration received (c) Payment by Tenant upon certain assignments of a lesser amount than shall be due shall be deemed to be payment on account, and sublettings as required by Article 7; C. Any legal fees shall not constitute an accord and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant satisfaction with respect to the terms underlying obligation. The acceptance by Landlord of this Leasea check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check, that such lesser amount is payment in full, shall be given no effect, and Landlord may accept such check without prejudice to any other rights or remedies which it may have against the Tenant. In addition to all liens upon and rights of setoff or recoupment against any money or property of Tenant by law, Landlord shall have, to the extent permitted by law, a contractual security interest in and a right of setoff against all deposits, moneys or other property of Tenant now or hereafter in the possession of or on deposit with Landlord. Each such security interest or right of setoff may be exercised without demand upon or notice to Tenant. No security interest or right of setoff shall be deemed to have been waived by any act or conduct on the part of Landlord or by any neglect to exercise such right of setoff or to enforce such setoff and/or security interest or by any delay in so doing. Every right of setoff and/or security interest shall continue in full force and effect until such right of setoff and/or security interest is expressly waived or released by an instrument in writing executed by Landlord.

Appears in 1 contract

Sources: Flex Space Office Lease (Panacos Pharmaceuticals, Inc.)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of all (a) An amount equal to the Operating Expenses Expense Increase, the Insurance Cost Increase, and the Tax Increase (as such terms are defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) as follows: Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (the Operating Expense Increase, Insurance Cost Increase, and Tax Increase, or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to revise such estimate from time to time and upon receipt of Landlord’s revised estimate, Tenant’s monthly payments shall be based upon the revised estimate. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. Notwithstanding anything to the contrary in this Lease, the Operating Expense Increase, Insurance Cost Increase and Tax Increase shall not be due and payable during the first twelve (12) full calendar months of the Lease Term. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Biolase, Inc)

Additional Rent. Commencing on the Commencement Date (as determined pursuant a) Any amount required to Section 2.3 above) and continuing throughout the Term, be paid by Tenant hereunder (in addition to Minimum Annual Rent) and any charges or expenses incurred by Landlord on behalf of Tenant under the Base Monthly terms of this Lease shall be considered “Additional Rent” payable in the same manner and upon the same terms and conditions as the Minimum Annual Rent reserved hereunder except as set forth herein to the contrary. Any failure on the part of Tenant to pay such Additional Rent when and as the same shall become due and payable on and after shall entitle Landlord to the remedies available to it for non-payment of Minimum Annual Rent. (b) In addition to the Minimum Annual Rent Commencement Date, Tenant shall pay to Landlord for each calendar year during the Lease Term, as additional rent ("Additional Rent") the following amounts: A. , Tenant's ’s Proportionate Share of all costs and expenses incurred by Landlord during the Lease Term for Real Estate Taxes (as hereinafter defined), Insurance Premiums (as hereinafter defined), and Operating Expenses (as defined hereinafter defined) for the Building and common areas (collectively “Common Area Charges”). (c) For purposes of this Lease, “Operating Expenses” shall mean all of Landlord’s expenses for operation, repair, replacement and maintenance to keep the Building and common areas in Article 13good order, condition and repair, including, but not limited to, management fees or administrative fees; utilities; insurance deductibles (except as otherwise set forth hereinbelow); stormwater discharge fees; license, permit, inspection and other fees; fees and assessments imposed by any covenants or owners’ association; access patrols; and maintenance, repair and replacement (except as otherwise set forth hereinbelow) of the driveways, parking areas (including snow removal), exterior lighting, landscaped areas, walkways, curbs, drainage strips, storm conveyance systems, sewer lines, exterior walls, foundation, structural frame, roof and gutters. Payment The cost of any Operating Expenses which are of a capital nature, unless such costs are incurred to decrease the Operating Expenses of the Building or the common areas, and if included, such cost shall be made by whichever amortized over the useful life of such improvement (in accordance with generally accepted accounting principles or “GAAP”), and only the amortized portion shall be included in Operating Expenses. Notwithstanding anything to the contrary contained in this Lease, Operating Expenses do not include the following methods (or combination of methods) is (are) from time to time designated by Landlord: costs: (1) depreciation; (2) debt service under mortgages or ground rent under ground leases, costs of restoration to the extent of net insurance proceeds received by Landlord may ▇▇▇▇ with respect thereto: (3) Intentionally Omitted; (4) for costs and expenses incurred in connection with leasing space in the Building to Tenant, including, without limitation, marketing costs, leasing commissions and the costs of any inducements provided to Tenant, including but not limited to tenant finish allowances, costs incurred for materials and labor in connection with the installation of tenant improvements, rent allowances, lease takeover costs, payment of moving costs and other similar costs and expenses; (5) for legal expenses in connection with this Lease; (6) for overtime or other expenses of Landlord in curing defaults of Landlord or performing work expressly provided in this Lease to be borne at Landlord’s expense; (7) for federal income taxes, inheritance, estate, gift, franchise, corporation, net profits or similar taxes assessed against or imposed on or measured by the income of Landlord from the operation of the Building; (8) for fees for professional services including legal, architectural, engineering, accounting and appraisal that are not directly related to the management, operation, repair and maintenance of the Building; (9) incurred by Landlord to the extent that Landlord receives reimbursement for such costs from any source other than Tenant (including, but not limited to, insurance); (10) for real estate commissions, attorneys’ fees and other costs and expenses incurred in connection with negotiations with purchasers or potential purchasers of the Building; (11) for rentals and other related expenses incurred in leasing air conditioning systems, elevators or other equipment or machinery ordinarily considered to be of a periodic basis not more frequently than monthlycapital nature, if such machinery or equipment would constitute a capital expenditure if purchased by Landlord; (12) for advertising and promotional expenditures; (13) for penalties or fines incurred by Landlord due to a violation by Landlord of any legal requirements; (14) for salary, benefits and commissions of Landlord’s officers, management supervisors and leasing agents; (15) for expenses related to Landlord’s compliance with environmental and/or disabilities laws, except to the extent such compliance is required due to the acts of Tenant, Tenant's Proportionate Share ’s agents, employees, contractors or invitees or such compliance is required because of amendments, changes or additions to any such expenses laws, which amendment(s), changes or additions became effective after the date this Lease is signed and are required due to Tenant’s particular use or operations in the Leased Premises (16) necessitated by or group resulting from the negligence of expenses) as paid or incurred by Landlord, and Tenant shall pay such share its agents, officers, or employees or Landlord’s breach of such expenses within thirty its obligations under this Lease; (3017) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred replacement costs for the ensuing calendar or fiscal yearfoundation, as Landlord may determineexterior walls, structural frame, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share roof of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay Building, or reimburse to Landlord pursuant to Article 13; and D. Any other charges (18) insurance deductibles for claims arising out of the negligence or reimbursements due Landlord from Tenant pursuant to the terms willful misconduct of this LeaseLandlord, its employees, agents or contractors.

Appears in 1 contract

Sources: Industrial Lease Agreement (Cellstar Corp)

Additional Rent. Commencing on Except as otherwise expressly provided, Tenant is responsible for all commercially reasonable costs, charges and expenses incurred by Landlord in connection with operating and maintaining the Commencement Date Leased Premises during the Lease Term including, but not limited to: Real Estate Taxes (as determined pursuant contemplated in this Section 3.02 and Section 17.22 hereof); insurance premiums (but not insurance deductibles or self-insured amounts retained by Landlord); utilities; expenses for maintenance, repair and replacement of driveways and parking areas, including snow and ice removal; costs of trash removal; landscaping costs; management fees (not to Section 2.3 aboveexceed one percent (1%) of the Minimum Annual Rent); costs incurred under the recorded documents and owners’ association affecting the Leased Premises and shown on Exhibit K hereto, and costs incurred under any other recorded documents or owners’ association affecting the Leased Premises (including the CCRs referenced below) and continuing throughout approved by Tenant in writing, which approval shall not be unreasonably withheld, conditioned or delayed; repairs and maintenance to those portions of the TermLeased Premises as contemplated in Section 7.02B below; and all other costs and expenses, reasonably necessary in addition maintaining the Leased Premises in good order, condition and repair as a warehouse distribution center) (collectively, “Operating Expenses”); provided, however, that Operating Expenses shall not include those costs, charges or expenses as set forth on Exhibit L attached hereto. Tenant acknowledges receipt of the CCRs set forth on Exhibit K hereto, which are intended to be recorded in connection with the Base Monthly Rent due development of the Park (the “CCRs”). Tenant hereby approves the form and payable on substance of such CCRs. Landlord agrees that the Leased Premises, as designed and after constructed in accordance with this Lease, shall be deemed to comply with the Rent CCRs (or Landlord hereby waives any element of noncompliance). Promptly following the Commencement Date, Landlord shall assign to Tenant shall pay to the membership interests of Landlord as additional rent ("Additional Rent") in the following amounts: A. Tenant's Proportionate Share of all Operating Expenses Association (as defined in Article 13). Payment shall be made by whichever the CCRs, but excluding the “Class B Member” or “Developer” rights under Section 9.3 of the following methods CCRs) for the Lease Term (or combination including any “Extension Terms,” as hereinafter defined) in accordance with, and as contemplated by, Section 9.1 of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlordthe CCRs, and Tenant shall pay such share of such expenses within thirty (30) days after receipt thereafter have the rights of a written ▇▇▇▇ therefore from Landlord; and/or Member (2as defined in the CCRs) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for in the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedAssociation. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Restoration Hardware Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section 2.3 Article 2 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent"”) the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)Paragraph 13.12) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease Agreement (Silicon Image Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any Portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease Agreement (Digital Microwave Corp /De/)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred or to be incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than ten (10) days prior to the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it reasonably anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to revise such estimate from time to time. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. If any portion of the Property Operating Expenses relates solely to the Building and/or certain other buildings (and not to all buildings within the Property) then, if Landlord so elects, Tenant's Expense Share with respect to such items of Property Operating Expenses shall be deemed to be the percentage obtained by dividing the rentable square footage of the Leased Premises by the rentable square footage of the other Buildings within the Property to which such portion of the Property Operating Expenses relate("Tenant's Building Share"). If any portion of the Property Operating Expenses relates solely to the Building and/or the Outside Areas immediately surrounding the Building, then Tenant shall pay one hundred percent (100%) of those Property Operating Expenses. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. In the event Tenant is responsible to pay taxes directly, Landlord shall have no obligation to make such payments, whether or not Landlord receives evidence of payment from Tenant, and Tenant shall in all cases be responsible for any fines, penalties, interest and damages for late payment.

Appears in 1 contract

Sources: Lease (Passionate Pet, Inc.)

Additional Rent. Commencing on 4.1 Tenant shall bear the Commencement Date costs and expenses incurred each year in the operation of the Building and the Land. For so long as Tenant is the sole lessee of the Building, Tenant shall have the right to provide input into the determination of such annual costs and expenses, as follows. Not more than thirty (as determined pursuant to Section 2.3 above30) and continuing throughout the Term, in addition days prior to the Base Monthly Rent due and payable on and after the Rent Lease Commencement Date, Landlord shall prepare and submit to Tenant a proposed budget for the operation and maintenance of the Building and the Land, the parties acknowledging and agreeing that such budget shall pay represent Landlord's reasonable expectation of such costs and expenses as the Building will not have been substantially completed at the time of the preparation of such budget. On or before November 15 of each calendar year during the Lease Term, Landlord shall prepare and submit to Tenant (i) a proposed budget or other form of summary identifying with reasonable detail the anticipated categories of expenditures to be made, proposed major vendors to provide services and proposed scope of services (including, but not limited to, security services) to be provided by Landlord as additional rent for the ensuing calendar year in the operation and maintenance of the Building and the Land and (ii) after the first year of operation of the Building, the operating history of the Building for the previous year (the "Additional RentOPERATING PLAN") ). It is the following amounts: A. Tenant's Proportionate Share intention of all Landlord and Tenant that Operating Expenses (Expenses, as defined in Article 13). Payment below, and the individual components thereof shall not materially exceed prevailing market costs and rates for like items and services, however, the parties acknowledge and agree that there may be made by whichever of the following methods (or combination of methods) is (are) occasions from time to time designated by where it is in the best interests of the Building for a particular item to be performed or purchased at a cost or expense which exceeds prevailing market rates. If Tenant has reasonable additions, deletions or modifications to any elements of Landlord: (1) Landlord may ▇▇▇▇ to Tenant's proposed Operating Plan, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share notify Landlord of such expenses same within thirty (30) days after following receipt of the proposed Operating Plan and Landlord shall incorporate Tenant's reasonable additions, deletions and modifications into Landlord's proposed Operating Plan and shall operate the Building substantially in accordance therewith; provided that, in no event shall Landlord be obligated to operate the Building or the Land in a manner that is inconsistent with the standards of a Class A suburban office building in the Market Area. The Operating Plan (as it may be revised with Tenant's input as aforesaid) shall serve as a general guide to the scope of services to be provided and expenditures to be made in the operation and maintenance of the Building and Land and Landlord shall not deviate therefrom in any material manner without first obtaining Tenant's prior written ▇▇▇▇ therefore from consent, which consent shall not be unreasonably withheld, conditioned or delayed. and shall be deemed given if not withheld in writing within seven (7) business days following Landlord's notice thereof to Tenant; and/or (2) provided that, in case of emergency or in any case in which Landlord reasonably believes delay might cause injury to persons, material injury to property or a violation of any Legal Requirement, Landlord may deliver act without Tenant's prior written consent. Any failure of Landlord to timely provide an annual Operating Plan to Tenant Landlord's reasonable estimate as provided herein shall not relieve Tenant of any given expense its obligation to pay additional rent pursuant to this Article IV. 4.2 The costs and expenses (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxesthe "EXPENSES") for which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses be responsible are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings defined as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.follows:

Appears in 1 contract

Sources: Lease Agreement (Orbital Sciences Corp /De/)

Additional Rent. Commencing on The parties intend that this Lease be an absolute net lease. Tenant shall pay as Additional Rent all expenses of every kind and nature whatsoever relating to or arising from the Commencement Date Premises, including impositions and all expenses arising from the leasing, operation, management, construction, maintenance, repair, or use and occupancy of the Premises, except as otherwise expressly provided in this Lease. Tenant shall pay (as determined pursuant to Section 2.3 abovedefined below) and continuing throughout the Term, Total Operating Costs in addition to the Base Monthly Rent. All sums payable by Tenant under this Lease other than Base Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord as additional rent (are "Additional Rent") ; the following amounts: A. term "Rent" includes both Base Rent and Additional Rent. Landlord will estimate in advance and charge to Tenant's Proportionate Share of all ’s the costs listed below ("Total Operating Expenses (as defined in Article 13Costs"). Payment shall be made by whichever of , which Tenant will pay with the following methods (or combination of methods) is (are) from time to time designated by Landlord:Base Rent on a monthly basis throughout the Term. (1) For purposes of this Lease, Total Operating Costs means (a) Real Property Taxes (to the extent not paid directly to the taxing authorities by Tenant); (b) Utility Costs (to the extent utilities are not separately metered); (c) Insurance Costs (to the extent not paid directly to the insurance carrier by Tenant); and (d) Operating Expenses, if any, each as defined below. Landlord may adjust its estimates of Total Operating Costs quarterly based upon ▇▇▇▇ ▇▇▇▇▇'s experience and reasonable anticipation of costs. Such adjustments will be effective as of the next Rent payment date after notice to Tenant. After the end of each fiscal year during the Term, on Landlord will deliver to Tenant a periodic basis not more frequently than monthlystatement setting forth, Tenant's Proportionate Share of such expenses (or group of expenses) as in reasonable detail, the Total Operating Costs paid or incurred by Landlord, and Tenant shall pay such share of such expenses within Landlord during the preceding fiscal year. Within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or▇▇▇'s receipt of such statement, there will be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be). (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms For purposes of this Lease.Agreement,

Appears in 1 contract

Sources: Commercial Lease Agreement (Ionetix Corp / DE /)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent") ”), cash or other immediately available good funds in the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13). Payment shall ) incurred or to be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant . Landlord shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay to Landlord an amount equal to Tenant's Proportionate ’s Building Share or Tenant’s Project Share, as applicable, of the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change revise such estimate from time to time but not more than once during the method of billing applicable year and, in any event shall provide Tenant Tenant's Proportionate Share with at least one (1) month advance notice of such expenses or the periodic basis on which such expenses are billed.adjusted estimates taking effect. Building D B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, at any time that Tenant leases all of the rentable square footage in the Building, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. In the event Tenant is responsible to pay taxes directly, Landlord shall have no obligation to make such payments, whether or not Landlord receives evidence of payment from Tenant, and Tenant shall in all cases be responsible for any fines, penalties, interest and damages for late payment.

Appears in 1 contract

Sources: Lease Agreement (Aruba Networks, Inc.)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent") ”), cash or other immediately available good funds in the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13). Payment shall ) incurred or to be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant . Landlord shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change revise such estimate from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billedtime. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.. Notwithstanding the foregoing, at any time that both (i) the Property consists of one or more separate legal parcels on which the Building (but none of the Other Buildings) are located, and (ii) Tenant leases all of the rentable square footage in the Building, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than thirty (30) days before such Real Property Taxes become delinquent. In the event Tenant is responsible to pay taxes directly, Landlord shall have no obligation to make such payments, whether or not Landlord receives evidence of payment from Tenant, and Tenant shall in all cases be responsible for any fines, penalties, interest and damages for late payment. Building G

Appears in 1 contract

Sources: Lease Agreement (Palo Alto Networks Inc)

Additional Rent. Commencing on 4.1 Tenant shall bear the Commencement Date costs and expenses incurred each year in the operation of the Building and the Land. For so long as Tenant is the sole lessee of the Building, Tenant shall have the right to provide input into the determination of such annual costs and expenses, as follows. Not more than thirty (as determined pursuant to Section 2.3 above30) and continuing throughout the Term, in addition days prior to the Base Monthly Rent due and payable on and after the Rent Lease Commencement Date, Landlord shall prepare and submit to Tenant a proposed budget for the operation and maintenance of the Building and the Land, the parties acknowledging and agreeing that such budget shall pay represent Landlord's reasonable expectation of such costs and expenses as the Building will not have been substantially completed at the time of the preparation of such budget. On or before November 15 of each calendar year during the Lease Term, Landlord shall prepare and submit to Tenant (i) a proposed budget or other form of summary identifying with reasonable detail the anticipated categories of expenditures to be made, proposed major vendors to provide services and proposed scope of services (including, but not limited to, security services) to be provided by Landlord as additional rent for the ensuing calendar year in the operation and maintenance of the Building and the Land and (ii) after the first year of operation of the Building, the operating history of the Building for the previous year (the "Additional RentOPERATING PLAN") ). It is the following amounts: A. Tenant's Proportionate Share intention of all Landlord and Tenant that Operating Expenses (Expenses, as defined in Article 13). Payment below, and the individual components thereof shall not materially exceed prevailing market costs and rates for like items and services, however, the parties acknowledge and agree that there may be made by whichever of the following methods (or combination of methods) is (are) occasions from time to time designated by where it is in the best interests of the Building for a particular item to be performed or purchased at a cost or expense which exceeds prevailing market rates. If Tenant has reasonable additions, deletions or modifications to any elements of Landlord: (1) Landlord may ▇▇▇▇ to Tenant's proposed Operating Plan, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share notify Landlord of such expenses same within thirty (30) days after following receipt of the proposed Operating Plan and Landlord shall incorporate Tenant's reasonable additions, deletions and modifications into Landlord's proposed Operating Plan and shall operate the Building substantially in accordance therewith; provided that, in no event shall Landlord be obligated to operate the Building or the Land in a manner that is inconsistent with the standards of a Class A suburban office building in the Market Area. The Operating Plan (as it may be revised with Tenant's input as aforesaid) shall serve as a general guide to the scope of services to be provided and expenditures to be made in the operation and maintenance of the Building and Land and Landlord shall not deviate therefrom in any material manner without first obtaining Tenant's prior written ▇▇▇▇ therefore from consent, which consent shall not be unreasonably withheld, conditioned or delayed, and shall be deemed given if not withheld in writing within seven (7) business days following Landlord's notice thereof to Tenant; and/or (2) provided that, in case of emergency or in any case in which Landlord reasonably believes delay might cause injury to persons, material injury to property or a violation of any Legal Requirement, Landlord may deliver act 'without Tenant's prior written consent. Any failure of Landlord to timely provide an annual Operating Plan to Tenant Landlord's reasonable estimate as provided herein shall not relieve Tenant of any given expense its obligation to pay additional rent pursuant to this Article IV. 4.2 The costs and expenses (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxesthe "EXPENSES") for which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses be responsible are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings defined as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.follows:

Appears in 1 contract

Sources: Lease Agreement (Orbital Sciences Corp /De/)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may ▇▇forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than the due date, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may bill ▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) ten days after receipt of a written bill ▇▇▇▇ therefore refor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease Agreement (Webex Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent ("the “Additional Rent") ”), cash or other immediately available good funds in the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred or to be incurred by Landlord during the Term. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by LandlordLandlord during the Term, together with the underlying ▇▇▇▇ or invoice for which Landlord seeks reimbursement or payment and evidence of payment thereof, and Tenant shall pay such share to Landlord the amount of such expenses within thirty fifteen (3015) days after receipt of a written ▇▇▇▇ therefore (and evidence of the cost incurred) therefor from Landlord; , and/or (2ii) Landlord may deliver to Tenant Landlord's ’s reasonable estimate of any given expense (or group of expenses, such as Landlord's ’s Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determinereasonably determine in accordance with Article 13, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to revise such estimate from time to time.Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's ’s share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent. In the event Tenant is responsible to pay taxes directly, Landlord shall have no obligation to make such payments, whether or not Landlord receives evidence of payment from Tenant, and Tenant shall in all cases be responsible for any fines, penalties, interest and damages for late payment.

Appears in 1 contract

Sources: Lease (Threshold Pharmaceuticals Inc)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Term, in In addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall agrees for each year subsequent to the Base Year to pay to Landlord as an additional rent ("Additional Rent") the following amounts: A. based upon Tenant's Proportionate Share proportional share of all Operating Expenses (as defined the excess of operating costs in Article 13)each such subsequent year over Landlord's operating costs in the Base Year. Payment For purposes of this Lease, the "Base Year" shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates 1999. Additional Rent will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year payable in equal monthly installments during each year based upon the cost increases for such year, as estimated by Landlord, with an adjustment to be made at such time as the actual operating costs for such year with are determined. Operating Costs as used herein shall be the installments Landlord's costs during each calendar year for real estate taxes and special assessments, heat air conditioning and ventilation, energy costs, elevator service, cleaning and janitorial services, security, landscaping and care of grounds, supplies, maintenance, repairs, painting wall and window washing, tools and equipment (which are not required to be capitalized for Federal Income Tax purposes) labor, including all wages and salaries and all Social Security and other taxes which may be levied upon such wages and salaries, insurance and all other costs properly constituting direct operating costs according to standard accounting practices including administrative and management expense but not including depreciation of building or equipment, interest, income taxes, costs of maintaining the Landlord's corporate existence or any costs required to be capitalized for Federal Income Tax purposes or any expenses listed hereinafter under "Exclusions to Operating Costs". The proportionate share of Tenant shall be computed by multiplying the excess of Operating Costs, if any, for the applicable subsequent year over the operating costs for the Base Monthly RentYear by the ratio of the rentable area of the Premises to the total rentable area of the Building, it being agreed that the rentable area of the Premises is 23,086 square feet and the total rentable area of the Building is 61,217 square feet. Landlord reserves shall, as soon as conveniently possible and in any event not later than February 1st in each year, advise Tenant of the amount of Additional Rent and thereafter Tenant shall pay the Additional Rent indicated, which Additional Rent shall apply to the then current lease year, such new rates being applied to any months to which the Base Rent shall then have been paid as well as the unexpired months of the current lease year, the adjustment for the then expired months to be made at the payment of the next succeeding monthly rental. Under no circumstances shall the total monthly rental be less than the scheduled monthly Base Rent provided herein. Landlord shall keep separate books of account and records covering all operating costs of the Building for at least three (3) years after the close of each calendar year. Tenant and its duly authorized representative shall have the right to change from time audit and inspect Landlord's books and records relating to time the method of billing Tenant such operating costs. Any such audit (a) shall be conducted at Landlord's headquarters during regular business hours and upon five (5) business days advance written notice to Landlord, and (b) shall not be conducted more than once in any calendar year. If Tenant's Proportionate Share inspection of such expenses or the periodic basis records shall disclose that Tenant's aggregate monthly payments on which account of such expenses are billed. B. Landlordcosts were greater than Tenant's actual pro rata share of the consideration received thereof, Landlord shall, within twenty (20) days after written notice thereof, refund any excess paid by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to together with interest thereon at the terms of this LeaseInterest Rate.

Appears in 1 contract

Sources: Lease Agreement (Net Perceptions Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Paragraph 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) method: Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense the expenses (or group of expenses, such as including Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. ; provided, however, that Landlord reserves may bill ▇▇ Tenant, on a periodic basis not more frequently than monthly, for a particular expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay to Landlord the right to change from time to time the method of billing Tenant Tenant's Proportionate Share amount of such expenses or the periodic basis on which such expenses are billedwithin ten days after receipt of a written bill ▇▇▇refor from Landlord. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such payments and deliver satisfactory evidence of payment to Landlord no later than ten (10) days before such Real Property Taxes become delinquent.

Appears in 1 contract

Sources: Lease Agreement (Va Linux Systems Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on to the extent not required by Landlord to be contracted for and after the Rent Commencement Datepaid directly by Tenant, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of (a) An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1i) Landlord may forward invoices or bills for such expenses to Tenant, and Tenant shall, no later than the later of (A) ten (10) days prior to the due date, and (B) fifteen (15) business days after delivery to Tenant, pay such invoices or bills and deliver satisfactory evidence of such payment to Landlord, and/or (ii) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty fifteen (3015) business days after receipt of a written ▇▇▇▇ therefore therefor from Landlord; , and/or (2iii) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to revise such estimate from time to time. Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis on which such expenses are billed. B. (b) Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7;. C. (c) Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. (d) Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant pay Real Property Taxes or any portion thereof directly to the applicable taxing authority, in which case Tenant shall make such

Appears in 1 contract

Sources: Lease Agreement (Macromedia Inc)

Additional Rent. Commencing on the Lease Commencement Date (as determined pursuant to Section Article 2.3 above) and continuing throughout the Lease Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement DateRent, Tenant shall pay to Landlord as additional rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of An amount equal to all Property Operating Expenses (as defined in Article 13)) incurred by Landlord. Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlord: (1) Landlord may ▇▇▇▇ to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share the amount of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share to Landlord the amount of such expenses within thirty (30) days after receipt by the 12th day of a written each calendar month provided such ▇▇▇▇ therefore from Landlordis received by Tenant after the 20th day of the immediately preceding calendar month, but on or before the 5th day of such calendar month; and by the 27th day of each calendar month provided such ▇▇▇▇ is received by Tenant after the 5th day of such calendar month, but on or before the 20th day of such calendar month; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) ), or group of expenses, which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share to Landlord an amount equal to the estimated amount of such expenses for such year in equal monthly monthly, installments during such year with the installments of Base Monthly Rent. . (3) Landlord reserves the right to change from time to time the method methods of billing Tenant Tenant's Proportionate Share for any given expense or group of such expenses or the periodic basis (but in no event more frequently than monthly) on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this LeaseLease other than late charges and interest on defaulted rent. Notwithstanding anything to the contrary in this Section 3.2 of the Lease Form, and provided while Tenant's net worth (using generally accepted accounting principles) is $60,000,000.00 or greater, Tenant shall pay Real Property Taxes (as defined in Article 13 of the Lease Form) no later than ten (10) days before Real Property Taxes become delinquent and Tenant shall not be required to pay Real Property Taxes prior to such date. In the event Tenant's aforesaid net worth is less than $60,000,000.00, Landlord may require Tenant to pay Real Property Taxes pursuant to the provisions of Paragraph 3.2A above. Tenant shall pay its prorata share of any Real Property Taxes due as a result of the recordation of a tract or parcel map required as a result of the construction and/or financing of the Building, and such payment shall be due and payable at the time of recording the map.

Appears in 1 contract

Sources: Industrial Space Lease (Avant Corp)

Additional Rent. Commencing on the Commencement Date (as determined pursuant 3.1 Tenant agrees to Section 2.3 above) and continuing throughout the Term, in addition pay to the Base Monthly Rent due and payable on and after the Rent Commencement Date, Tenant shall pay to Landlord as additional rent Additional Rent (the "Additional Rent") the following amounts: A. Tenant's Proportionate Share of all Operating Expenses without offset or deduction its proportionate share (as defined in Article 13). Payment shall be made by whichever 67.4%) of the following methods (or combination of methods) is (are) from time to time designated by Landlordfollowing: (1a) all real estate taxes, assessments, water and sewer rents and other governmental charges assessed against or levied upon the Demised Premises or related to the use or occupancy thereof, provided that if Landlord may ▇▇▇▇ shall receive a rebate or refund as a result of a successful real estate tax appeal which is attributable to the period during which Tenant is in possession of the Premises, such rebate or refund shall be passed through to Tenant; (b) all premiums on insurance policies maintained by the Landlord on, or in connection with the use of, the Demised Premises pursuant to this Lease; without limiting the generality of the foregoing, Tenant shall pay, as Additional Rent, the premiums on a periodic basis not more frequently than monthly, Tenant's Proportionate Share all policies of such expenses (or group of expenses) as paid or incurred insurance maintained by Landlord, including casualty or hazard insurance and rental or business interruption insurance; and (c) all other expenses and charges which, during the Term, shall arise, be levied, assessed or imposed upon or against the Demised Premises as an incident of the ownership thereof and such other reasonable expenses, which are of the kind paid by owners of land and buildings by reason of such ownership, including management fees, fees for all professional services associated with the Demised Premises and the cost of all Structural Repairs and Exterior Maintenance. Tenant shall pay such share one-twelfth of such expenses within thirty (30) days after receipt the annual estimated amount of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) Additional Rent which it anticipates will shall be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year calculated in equal monthly installments during such year accordance with the installments Rent Summary annexed hereto as Exhibit B. The amount of Base Monthly Rent. Landlord reserves the right Additional Rent shall be subject to change from time to time during each year to reflect increases or decreases in insurance premiums, real estate taxes, and other expenses and shall be subject to final adjustment after the method completion of billing each year at such time as a final statement of operating expenses is prepared. 3.2 The Tenant shall pay to the Landlord on the first day of each month one-twelfth of Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's proportionate share of the consideration received then current annual real estate taxes, water and sewer rents and any special or other assessment levied and assessed against the Premises and one month's proportion of the then current annual insurance premiums, so as to enable the Landlord (or its lender) to pay the same at least thirty (30) days before they become due and payable, and to make any further tax or insurance reserve payments, and to make up any deficiency, in amounts and at times as the Landlord shall require. If Tenant shall fail to make any payment or to do any act required of it by any provision of this Lease, Landlord may make such payment or do such act and the amount of such payment, or the cost of doing such act, together with interest thereon at a rate of 3% in excess of the prime rate of interest as published in the Wall Street Journal on the date Landlord makes such payment or does such act, shall be deemed Additional Rent payable by Tenant upon certain assignments demand by Landlord. The making of any such payment or the doing of any such act by Landlord shall not constitute a waiver by Landlord of any right or remedy provided by this Lease upon Tenant's default in the making of such payment or the doing of such act. All taxes, assessments, water and sublettings sewer rents and other governmental charges against or levied upon the Demised Premises shall be apportioned as required by Article 7; C. Any legal fees between Landlord and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to at the terms of this LeaseTermination Date.

Appears in 1 contract

Sources: Lease Agreement (Diplomat Corp)

Additional Rent. Commencing on the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Date, The Tenant shall pay to Landlord as additional rent above the Rent ("Additional Rent") % ("Tenant's Proportionate Share") for all common area maintenance expenses attributable to the following amounts: A. operations and maintenance of the Building. Landlord shall provide itemization to Tenant of the common area maintenance expenses, which include real estate taxes, snow and ice removal, garbage removal, common area maintenance and land- scaping. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made is determined by whichever dividing the square footage of the following methods Space (or combination of methods) is (are) from time to time designated by Landlord: (be determined upon final plan acceptance as per Section 1) Landlord may ▇▇▇▇ by the square footage of the Building. Any additions to Tenant, on a periodic basis not more frequently than monthly, the Building shall proportionately reduce Tenant's Proportionate Share Share. Landlord shall promptly notify Tenant of any such expenses (or group additions and the new computation of expenses) as paid or incurred by LandlordTenant's Proportionate Share. The Tenant shall promptly pay when due, directly to the utility company, all bills for water, sewer, electricity, heat and air con- ditioning, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver all other utilities that are furnished to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) the Space and which it anticipates will be paid or incurred for separately billed and metered. To the ensuing calendar or fiscal yearextent that any such utilities are not separately metered with respect to the Space, as Landlord may determine, and then Tenant shall pay Tenant's Proportionate Share of such expenses utility. With respect to each fiscal year or portion thereof during the Term, or any Renewal Period, the Tenant shall pay to the Landlord, as Additional Rent any real estate taxes, levies and special assessments assessed by any governmental authority only with respect to the Space. Should any such assessment be provided upon the Building rather than directly for such year in equal monthly installments during such year with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Space, then Tenant shall pay Tenant's Proportionate Share Share. The payment of Additional Rent for such expenses assessment shall be pro-rated should the Lease or any Renewal Period terminate before the end of any fiscal year. Tenant shall make such tax payments semi-annually or on a quarterly basis, as determined by the billing method used by the Township of Dover, or the periodic basis on which County of Ocean, as the case may be, within thirty (30) days of written notice from Landlord that such expenses taxes are billedpayable by Landlord together with the written assessment and tax ▇▇▇▇. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Sources: Commercial Lease (Dialysis Corp of America)

Additional Rent. Commencing on Beginning with the Commencement Date (as determined pursuant to Section 2.3 above) and continuing throughout commencement date of the Term, in addition to the Base Monthly Rent due and payable on and after the Rent Commencement Dateterm of this Lease, Tenant shall pay to Landlord or to Landlord’s designated agent in addition to the Basic Rent and as additional rent ("Additional Rent") Rent the following amounts: A. Tenant's Proportionate Share of all Operating Expenses (as defined in Article 13). Payment shall be made by whichever of the following methods (or combination of methods) is (are) from time to time designated by Landlordfollowing: (1a) All Taxes relating to the Premises as set forth in Paragraph 9, and (b) All insurance premiums relating to the Premises, as set forth in Paragraph 12, and (c) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including reasonable attorneys’ fees and legal expenses, that may accrue thereto in the event of Tenant’s failure to pay such amounts, and all damages, reasonable costs and expenses which Landlord may ▇▇▇▇ incur by reason of default of Tenant or failure on Tenant’s part to Tenant, on a periodic basis not more frequently than monthly, Tenant's Proportionate Share of such expenses (or group of expenses) as paid or incurred by Landlord, and Tenant shall pay such share of such expenses within thirty (30) days after receipt of a written ▇▇▇▇ therefore from Landlord; and/or (2) Landlord may deliver to Tenant Landlord's reasonable estimate of any given expense (or group of expenses, such as Landlord's Insurance Costs or Real Property Taxes) which it anticipates will be paid or incurred for the ensuing calendar or fiscal year, as Landlord may determine, and Tenant shall pay Tenant's Proportionate Share of such expenses for such year in equal monthly installments during such year comply with the installments of Base Monthly Rent. Landlord reserves the right to change from time to time the method of billing Tenant Tenant's Proportionate Share of such expenses or the periodic basis on which such expenses are billed. B. Landlord's share of the consideration received by Tenant upon certain assignments and sublettings as required by Article 7; C. Any legal fees and costs that Tenant is obligated to pay or reimburse to Landlord pursuant to Article 13; and D. Any other charges or reimbursements due Landlord from Tenant pursuant to the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent, Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent. The Additional Rent due hereunder shall be paid to Landlord or Landlord’s agent (i) within five days after presentation of invoice from Landlord or Landlord’s agent setting forth such Additional Rent and/or (ii) at the option of Landlord. Tenant shall pay to Landlord monthly, in advance, Tenant’s prorata share of an amount estimated by Landlord to be Landlord’s approximate average monthly expenditure for such Additional Rent items, which estimated amount shall be reconciled at the end of each calendar year as compared to Landlord’s actual expenditure for said Additional Rent terms, with Tenant paying to Landlord, upon demand, any amount of actual expenses expended by Landlord in excess of said estimated amount, or Landlord refunding to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease in which case such amount shall be held by Landlord as a credit for Tenant’s account until such default has been cured any amount of estimated payments made by Tenant in excess of Landlord’s actual expenditures for said Additional Rent items. The respective obligations of Landlord and Tenant under this paragraph shall survive the expiration or other termination of the term of this Lease, and if the term hereof shall expire or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the calendar year in which the term hereof expires or otherwise terminates shall be determined and settled on the basis of the statement of actual Additional Rent for such calendar year and shall be prorated in the proportion which the number of days in such calendar year preceding such expiration or termination bears to 365.

Appears in 1 contract

Sources: Lease Agreement (Maxtor Corp)