Common use of Annual Base Rent Clause in Contracts

Annual Base Rent. During the Initial Term Tenant agrees to pay Landlord annual base rent for the Premises (the "ANNUAL BASE RENT") at the rate of Three Million and 00/100 Dollars ($3,000,000.00) per annum (the "INITIAL ANNUAL BASE RENT AMOUNT"). In addition to Annual Base Rent, Tenaxx agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by Tenant pursuant to the terms of this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments on the first day of each month (each such equal monthly installment of Annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for any reason the Initial Term (or any Option Period) commences or ends on a day other than the first day of a calendar month (other than a termination resulting from a Default), then Rent for the first month and for the last month of the Term shall be prorated in the proportion that the number of days during the first and last months of the Term bears to the actual number of days in such months. All Rent shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of each month. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landxxxx'x xight to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by law. Cost Abatement Provided that Tenant shall not then be in default of any of Tenant's obligations under this Lease (following notice thereof), Tenant shall be entitled to an aggregate credit of $1,000,000 to be applied against (i) the monthly installments of Common Area Expenses or Operating Expenses (as hereinafter defined), as applicable, payable by Tenant in accordance with Section 7 hereof, (ii) the installments of Taxes (as hereinafter defined) payable in accordance with Section 12 hereof and (iii) the sums payable by Tenant in accordance with Section 36 hereof for use of parking spaces located at the Development.

Annual Base Rent. Section 5.1 Effective as of the Effective Date, the first sentence of Section 5.1 of the Lease shall be deemed modified and restated in its entirety as follows: "During the Initial Term Tenant agrees to pay to Landlord annual base rent for the Premises (the "ANNUAL BASE RENT") at the rate of Three Million Eight Hundred Thousand and 00/100 Dollars ($3,000,000.003,800,000.00) per annum (the "INITIAL ANNUAL BASE RENT AMOUNT"). In addition to Annual Base RentNotwithstanding the foregoing, Tenaxx agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by provided that Tenant pursuant to the terms of is not then in default under this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments on the first day of each month (each such equal monthly installment of Annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for Lease beyond any reason the Initial Term (or any Option Period) commences or ends on a day other than the first day of a calendar month (other than a termination resulting from a Default), then Rent for the first month and for the last month of the Term shall be prorated in the proportion that the number of days during the first and last months of the Term bears to the actual number of days in such months. All Rent shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of each month. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly applicable period set forth in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than Lease within which the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, default may be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landxxxx'x xight to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by law. Cost Abatement Provided that Tenant shall not then be in default of any of Tenant's obligations under this Lease (following notice thereof)cured, Tenant shall be entitled to an aggregate credit of $1,000,000 to be applied in twelve (12) equal monthly installments of $83,333.33 against (i) the monthly installments of Common Area Expenses or Operating Expenses Annual Base Rent due hereunder for the second through thirteenth calendar months of the Initial Term (as hereinafter definedthe "FREE RENT PERIOD"); it being further agreed, as applicablehowever, payable that if Tenant is in default under this Lease beyond any applicable cure period, then (a) any credit not given Tenant during the period of such default shall only be suspended and shall be given to Tenant, and carried forward if not capable of immediately being used in its entirety until capable of being so used in its entirety, upon any subsequent cure by Tenant in accordance with Section 7 of such default and any other then existing default(s) by Tenant under this Lease, and (b) Tenant shall further be entitled to all monthly installments of such credit otherwise to be applied, pursuant to the terms hereof, after such subsequent cure(s). Notwithstanding anything to the contrary in this Lease, if there shall be Net Distributable Cash for the Free Rent Period, but calculated for this purpose only without reference to any additional rent payable pursuant to this sentence, then Tenant shall pay an amount (iisuch amount, the "FREE RENT MAKE-UP") equal to the lesser of (1) the installments amount of Taxes the $1,000,000 credit set forth above actually applied against Annual Base Rent as provided above, whether such application against Annual Base Rent was made during the Free Rent Period or subsequent thereto (as hereinafter definedi.e., if any portion of such credit is so applied after the Free Rent Period pursuant to either or both of the preceding clauses (a) payable in accordance with Section 12 hereof and (iiib)) the sums payable by Tenant in accordance with Section 36 hereof for use of parking spaces located at the Development.or (2)

Annual Base Rent. During For the Initial Term Tenant agrees to pay Landlord annual base rent for year January 1, 2008, through December 31, 2008 $ 313,644.00 For the Premises (the "ANNUAL BASE RENT") at the rate of Three Million and 00/100 Dollars ($3,000,000.00) per annum (the "INITIAL ANNUAL BASE RENT AMOUNT"). In addition to Annual Base Rentyear January 1, Tenaxx agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by Tenant pursuant to the terms of this Lease. Annual 2009, through December 31, 2009 $ 316,788.00 Total Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual for Additional Term $ 630,432.00 The Base Rent anddue under the Lease, except as provided otherwise hereinamended hereby, Additional Rentshall be payable in monthly installments, in equal monthly installments advance, without deduction or setoff, commencing on January 1, 2008, and continuing thereafter on the first 1st day of each and every month (each such equal during the Additional Term. The monthly installment payable during each year respectively of Annual the Additional Term shall be determined by dividing the annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for any reason the Initial Term (or any Option Period) commences or ends on a day other than the first day of a calendar month (other than a termination resulting from a Default), then Rent for the first month and year in question as set forth above by twelve (12). Anything set forth herein to the contrary notwithstanding, this Amendment is for the last month entire Additional Term and the entire amount of Base Rent for the entire Additional Term is due and payable hereunder (subject, however, to any earlier termination prior to the end of the Term shall be prorated pursuant to paragraph 4 of this Amendment), with the payment of Base Rent in the proportion that the number of days during the first and last months of the Term bears monthly installments being solely an accommodation to the actual number Tenant. Upon the occurrence of days in such months. All an Event of Default under the Lease, the entire unpaid balance of Base Rent for the entire Additional Term, and all other Rent reserved under the Lease, as hereby amended, shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be become immediately due and payable on the first day of each month. Rent shall be paid to Landlord on the date due payable, without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth in this Leaseat Landlord’s option. No payment by Tenant or receipt by In the event that Landlord of a lesser amount than collects the Annual Base entire Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landxxxx'x xight to recover payable under the Lease for the balance of such Annual Base Rent and the Additional Rent or pursue any other remedy provided in this Lease or by law. Cost Abatement Provided that Term from the Tenant after the occurrence of an Event of Default under the Lease, Landlord shall after receipt of written demand from Tenant delivered to Landlord not then be in default later than thirty (30) days after the end of any of Tenant's obligations under this Lease the Additional Term (following notice thereofas if the lease was not earlier terminated), time being of the essence, promptly account to Tenant shall be entitled for any Rent collected by Landlord by reletting the Premises to an aggregate credit other tenants during the period from Tenant’s surrender of $1,000,000 or eviction from the Premises to be applied against (i) the monthly installments end of Common Area Expenses or Operating Expenses the Additional Term (as hereinafter definedif the lease was not earlier terminated), with Landlord to remit to Tenant such Rent collected in connection with reletting the Premises, less all expenses associated with such reletting, including any repairs and replacements to the Premises in connection therewith, except to the extent that the Rent realized by Landlord from such reletting exceeds Rent due under the Lease, as applicablehereby amended, payable by Tenant in accordance with Section 7 hereof, (ii) which case the installments of Taxes (as hereinafter defined) payable in accordance with Section 12 hereof and (iii) the sums payable by Tenant in accordance with Section 36 hereof for use of parking spaces located at the DevelopmentLandlord shall retain such excess.

Annual Base Rent. During Beginning on the Initial Term Commencement Date, Tenant agrees to pay Landlord annual Landlord, without prior demand therefor, and without set-off or deduction, a yearly base minimum rent for in the Premises (the "ANNUAL BASE RENT") at the rate amount of Three Million Twenty-six Thousand Four Hundred Eighteen and 00/100 No/100 Dollars ($3,000,000.0026,418.00), payable in monthly installments, each in the amount of Two Thousand Two Hundred One and 50/100 Dollars ($2,201.50) per annum plus an annual parking charge in an amount pursuant to the paragraph below (collectively, the "INITIAL ANNUAL BASE RENT AMOUNT"base minimum rent and parking charge shall be defined herein as the “Base Rent”). In addition to Annual Base Rent, Tenaxx agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by Tenant pursuant to the terms of this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments on event the first day of each month (each such equal monthly installment of Annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for any reason the Initial Term (or any Option Period) commences or ends Commencement Date falls on a day other than the first day of a calendar month (month, then the monthly installment of Base Rent shall be prorated for such month. In the event this Lease expires or is terminated on a day that is other than the last day of a termination resulting from a Default)calendar month, then the Base Rent for the first month and for the last month of in which the Term expires or is terminated shall be prorated prorated. Tenant shall pay the Base Rent to Landlord at Landlord’s address set forth in the proportion that the number Section 17.5 of days during the first and last months of the Term bears to the actual number of days in such months. All Rent shall be paid to Landlordthis Lease, without prior demand or notice, in lawful money of the United States of America, at such other place as Landlord may from time to time reasonably designate to Tenant in writing and shall be due and payable on the first day of each month. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landxxxx'x xight to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by law. Cost Abatement Provided that Tenant shall not then be in default of any of Tenant's obligations under this Lease (following notice thereof), Tenant shall be entitled to an aggregate credit of $1,000,000 to be applied against (i) the monthly installments of Common Area Expenses or Operating Expenses (as hereinafter defined), as applicable, payable by Tenant in accordance with Section 7 hereof17.5 of this Lease), in funds which at the time of such payment shall be legal tender for the payment of public or private debts in the United States of America. Beginning on the Commencement Date, Tenant shall also pay to Landlord an annual parking charge that shall be part of the Base Rent and initially shall be equal to the product of One Hundred and No/100 Dollars (ii$100.00) multiplied by the installments of Taxes (as hereinafter defined) payable in accordance with Section 12 hereof and (iii) the sums payable by Tenant in accordance with Section 36 hereof for use number of parking spaces located which are allocated for Tenant’s use under Section 2.2 of the REA (initially, 120 spaces), being initially Twelve Thousand and No/100 Dollars ($12,000.00) per year. In the event Tenant should demand the LTACH Exclusive Parking Rights, as provided for in the REA, then from and after the date that Tenant begins to have such exclusive parking, the amount of the parking charge that shall be part of the Base Rent shall be increased to One Hundred Twenty-Five Percent (125%) of the parking charge then in effect at the Developmenttime that Tenant begins to have such exclusive parking, with the amount prorated for any partial calendar year. Both the minimum rent and the parking charge that comprise the Base Rent shall be subject to adjustment pursuant to Section 3.5 below.

Annual Base Rent. During the Initial Term Tenant agrees to pay Landlord annual base rent for the Premises (the "ANNUAL BASE RENT") at the rate of Three Two Million Seven Hundred Fifty Thousand and 00/100 Dollars ($3,000,000.002,750,000.00) per annum (the "INITIAL ANNUAL BASE RENT AMOUNT"). In addition to Annual Base Rent, Tenaxx Tenant agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by Tenant pursuant to the terms of this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments on the first day of each month (each such equal monthly installment of Annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for any reason the Initial Term (or any Option Period) commences or ends on a day other than the first day of a calendar month (other than a termination resulting from a Default), then Rent for the first month and for the last month of the Term shall be prorated in the proportion that the number of days during the first and last months of the Term bears to the actual number of days in such months. All Rent shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of each month. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landxxxx'x xight Landlord's right to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by law. Cost Abatement Provided that Tenant shall not then be in default of any of Tenant's obligations under this Lease (following notice thereof), Tenant shall be entitled to an aggregate credit of $1,000,000 to be applied against (i) the monthly installments of Common Area Expenses or Operating Expenses (as hereinafter defined), as applicable, payable by Tenant in accordance with Section 7 hereof, (ii) the installments of Taxes (as hereinafter defined) payable in accordance with Section 12 hereof and (iii) the sums payable by Tenant in accordance with Section 36 hereof for use of parking spaces located at the Development.

Annual Base Rent. During the Initial Term Tenant agrees to pay Landlord annual base rent for the Premises (the "ANNUAL BASE RENTRent") at the rate of Three Million and 00/100 Dollars ($3,000,000.00) per annum (the "INITIAL ANNUAL BASE RENT AMOUNTAmount"). In addition to Annual Base Rent, Tenaxx Tenant agrees to pay as "ADDITIONAL RENT" (sometimes referred to as "ADDITIONAL RENT") all other charges payable by Tenant pursuant to the terms of this Lease. Annual Base Rent together with all such additional rent is collectively referred to herein as "RENT". Tenant shall pay Annual Base Rent and, except as provided otherwise herein, Additional Rent, in equal monthly installments on the first day of each month (each such equal monthly installment of Annual Base Rent is referred to herein as "MONTHLY BASE RENT"). If for any reason the Initial Term (or any Option Period) commences or ends on a day other than the first day of a calendar month (other than a termination resulting from a Default), then Rent for the first month and for the last month of the Term shall be prorated in the proportion that the number of days during the first and last months of the Term bears to the actual number of days in such months. All Rent shall be paid to Landlord, without prior demand or notice, in lawful money of the United States of America, at such place as Landlord may from time to time reasonably designate in writing and shall be due and payable on the first day of each month. Rent shall be paid to Landlord on the date due without notice or demand, and without abatement, deduction or set-off except as otherwise expressly set forth in this Lease. No payment by Tenant or receipt by Landlord of a lesser amount than the Annual Base Rent or Additional Rent, nor shall any endorsement or statement on any check or in any letter accompanying any check or payment, as Annual Base Rent or Additional Rent, be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landxxxx'x xight Landlord's right to recover the balance of such Annual Base Rent and Additional Rent or pursue any other remedy provided in this Lease or by law. Cost Abatement Provided that Tenant shall not then be in default of any of Tenant's obligations under this Lease (following notice thereof), Tenant shall be entitled to an aggregate credit of $1,000,000 to be applied against (i) the monthly installments of Common Area Expenses or Operating Expenses (as hereinafter defined), as applicable, payable by Tenant in accordance with Section 7 hereof, (ii) the installments of Taxes (as hereinafter defined) payable in accordance with Section 12 hereof and (iii) the sums payable by Tenant in accordance with Section 36 hereof for use of parking spaces located at the Development.