Basic Rent Additional Rent. During the Term, the Tenant shall pay Basic Rent to the Landlord at an annual rate of $636,000.00 in monthly installments of $53,000.00. Basic Rent shall be payable in advance on the 1st day of each month in equal installments to the Landlord at the address set forth above or such other address as the Landlord may thereafter specify by notice to the Tenant, without counterclaim, set off, deduction, abatement or defense, except as otherwise expressly provided herein. This Lease is intended by the parties hereto to be a so-called "triple net" lease and, to the end that the Basic Rent shall be received by the Landlord net of all costs and expenses related to the Premises other than as expressly set forth herein, the Tenant agrees to pay as Additional Rent, in addition to real estate taxes, insurance premiums, utility costs, costs of repairs and maintenance and other costs as specifically set forth herein, all other charges, costs, expenses, and obligations of every kind an nature whatever as may relate to this Lease or the operation or maintenance of the Premises and pro-rated expenses for operation of Oak Park except as otherwise expressly agreed in this Lease, including reasonable attorneys' fees incurred in the reasonable enforcement of rights in pursuit of the remedies of the Landlord under this Lease if Landlord prevails in any such Court action. The Landlord shall in each case, at the time of demand for payment of any such Additional Rent, provide the Tenant with evidence of the liability for such other charges, costs, expenses and obligations.
Appears in 1 contract
Sources: Lease Agreement (Insulet Corp)
Basic Rent Additional Rent. During the Term, the The Tenant shall pay Basic Rent to the Landlord at an the annual rate of Two Hundred Forty-Two Thousand Dollars and No Cents ($636,000.00 in monthly installments of $53,000.00242,000.00). Basic Rent shall be payable in advance on the 1st first day of each month in equal installments at the rate of $20,166.67 per month to the Landlord at the address set forth above or such other address as the Landlord may thereafter specify by notice to the Tenant, without counterclaim, set off, deduction, abatement deduction or defensedefense and, except as otherwise expressly provided herein, without abatement. This Lease is intended by the parties hereto to be a so-called "triple net" lease and, to the end that the Basic Rent shall be received by the Landlord net of all costs and expenses related to the Premises other than Premises, except as expressly set forth herein, the . The Tenant agrees to pay as Additional Rentpay, in addition to the Tenant's obligations with respect to real estate taxes, insurance premiums, utility utilities costs, costs of repairs and maintenance to the Premises and other costs as which are specifically set forth herein, to the Landlord upon demand as Additional Rent, in the same manner as Basic Rent: (i) any and all other charges, costs, expenses, and obligations of every kind an and nature whatever as the Landlord may relate from time to this Lease time actually incur in good faith with regard to the Premises or the operation or maintenance of the Premises and pro-rated expenses for operation of Oak Park thereof, except as otherwise expressly agreed in this Lease, including including, without limiting the generality of the foregoing, reasonable attorneys' fees incurred by the Landlord in connection with any amendments to, consents under and subleases and assignments of this Lease requested by the reasonable Tenant and in connection with the enforcement of rights in and pursuit of the remedies of the Landlord under this Lease if (whether during or after the expiration or termination of the Term of this Lease) and (ii) one hundred percent (100%) of Common Expenses as hereinafter defined. Except as otherwise specifically set forth in Paragraph 10 hereof, "Common Expenses" shall mean any and all charges, costs and expenses of every kind and nature whatever, which the Landlord prevails in any such Court action. The Landlord shall in each casemay from time to time actually incur and the reasonable value, at the time of demand for payment based on competitive rates, of any materials and services which the Landlord may provide in good faith with respect to the ownership, operation and maintenance of the Building and the Premises, including, without limitation, (i) making non-capital repairs (or capital repairs to the extent permitted in the next following paragraph) to and undertaking maintenance of the Building and the Property; (ii) providing utilities and services, other than as provided in Paragraph 9 hereof, to the Premises; (iii) providing daily cleaning and rubbish removal; (iv) providing watering, landscaping and lawn care for the Property; (v) sanding, plowing and removal of snow and ice from the driveways, walkways and parking areas; (vi) maintaining insurance on the Premises; and (vii) reasonable administrative and management costs of the Landlord, which shall be commensurate with those normally charged for suburban office buildings of this nature in the metropolitan Boston area. Notwithstanding anything contained herein to the contrary, Additional Rent on account of operating expenses shall not include the following: amounts received by the Landlord through proceeds of insurance, specific tenant reimbursements, condemnation awards, warranties, or other similar sources; brokerage commissions; taxes (other than as provided in Paragraph 7 below); costs in the nature of fees, fines or penalties arising out of the breach of any obligation, contractual or at law, by the Landlord or its contractors, employees or agents, including attorneys' fees (unless such breach is the result of the acts or omissions of the Tenant or those for whom the Tenant is legally responsible); tenant buildout expenses, including permit, license and inspection costs relating thereto; costs or expenses relating to the correction of latent defects in the Building or noncompliance of the Building with laws in effect as of the date hereof; costs relating to environmental compliance or remediation, unless necessitated as a result of the acts or omissions of the Tenant or those for whom the Tenant is legally responsible; capital expenditures, other than those required to bring the Building into compliance with laws enacted after the date of this Lease; reserves for future expenditures not yet incurred; attorneys' fees and other expenses incurred in connection with negotiations or disputes with present or prospective tenants of the Building (other than the Tenant); overhead and profit increment paid to the Landlord or any of its affiliates to the extent the same exceed market rates; interest, principal, points and fees on any debt or loans; advertising and promotional expenditures; and depreciation. Notwithstanding anything contained herein to the contrary, it is expressly understood that the Tenant shall only be required to pay as Additional Rent, provide : (a) the Tenant with evidence of amount by which real estate taxes for any fiscal year exceed $1.25 per rentable square foot; and (b) the liability amount by which Common Expenses for such other charges, costs, expenses and obligations.any calendar year exceed A-3
Appears in 1 contract
Sources: Lease (Cambridge Heart Inc)