Beginning on. The agreement shall continue after the end of this period, under the same terms and conditions, for additional one year periods unless terminated in writing by either party at least sixty days prior to the scheduled termination. This agreement shall terminate, at the option of the Operator, if Operator ceases to operate the confinement feeding operation. Costs. Operator shall pay % of the cost of application manure. Landowner will be required to pay for application of manure. Manure Management Plan. Landowner shall apply manure in compliance with manure management plan. If requested by Operator, Landowner shall keep and provide Operator with annual crop yield records, beginning three crop years before the date of this agreement if such records are available. Landowner shall keep and provide Operator with records of nutrient applications other than Operator’s manure, including commercial fertilizer and manure. Nutrient applications other than the Operator’s manure, i.e., commercial fertilizers and manure from other sources shall supplement and not replace the Operator’s manure application. Warranty and disclaimer. There is no warranty, representation, or guarantee regarding the manure, express or implied, oral or written, including any warranty or guarantee of merchantability or fitness for a particular purpose of the manure or the quality or quantity of the manure or whether the manure will be beneficial or detrimental to the land, crops or other items on land. Landowner Date
Beginning on the Commencement Date of the Lease, Tenant covenants and agrees to pay Landlord, River East Plaza, L.L.C., a Delaware corporation, 401 East Illinois Street, Suite 324, Chicago, Illinois 60611, or to such other person or at such other place as Landlord shall designate in writing to Tenant from time to time, in legal tender of the United States, Base Rent in an amount equal to six thousand four hundred and seventy-one dollars and twenty-five cents ($6,471.25) per month. Tenant shall pay Base Rent on the first day of each calendar month during the Term of the Lease. In the event this Lease is terminated on any day other than the last day of the month, the Base Rent for said month shall be prorated on a per diem basis and Landlord shall refund the excess Base Rent paid by Tenant within thirty (30) days of the date on which the Lease terminates. Base Rent hereunder is fully serviced. Tenant shall not be required to pay any operating expenses, taxes or other charges under the Lease.
Beginning on. January 1st of the first Comparison Year, and on the first day of January of each subsequent Comparison Year during the Term, or as soon thereafter as is practicable, Sublandlord shall furnish Subtenant with a statement ("Sublandlord's Estimate") setting forth Sublandlord's estimate of the Pass Through Cost Increases for that Comparison Year. On the first day of each calendar month during each Comparison Year, Subtenant shall pay to Sublandlord one-twelfth (1/12th) of Subtenant's Share of the Pass Through Cost Increases, as estimated In Sublandlord's Estimate. On or about the first day of March of each Comparison Year after the first Comparison Year during the Term, or as soon thereafter as is reasonably practicable, Sublandlord shall furnish Subtenant with a statement of the actual Pass Through Costs Increases for the preceding Comparison Year, reconciling the actual amounts paid pursuant to Sublandlord's Estimate and the actual amounts payable hereunder ("Actual Pass Through Cost Increases Statement"). Within thirty (30) days after Sublandlord's giving of such Actual Pass Through Cost Increases Statement, Subtenant shall make a lump sum payment to Sublandlord in the amount, if any, by which the actual Subtenant's Share of Pass Through Cost Increases for such preceding Comparison Year as shown on the Actual Pass Through Cost Increases Statement, exceeds the aggregate of the monthly Installments of the estimated Subtenant's Share of Pass Through Cost Increases paid during such preceding Comparison Year. If Subtenant's Share of Pass Through Cost Increases, as shown on Sublandlord's Actual Pass Through Cost Increases Statement, is less than the aggregate of the monthly installments of Subtenant's Share of Pass Through Cost Increases actually paid by Subtenant during such preceding Comparison Year, then Sublandlord shall apply such amount to the next accruing monthly installment(s) of Subtenant's Share of Pass Through Cost Increases due from Subtenant until fully credited to Subtenant; provided, however, that if no Rent is due, then Sublandlord shall refund such amounts to Subtenant. If the Term ends on a date other than the last day of December, the actual Pass Through Cost Increases for the year in which the Expiration Date occurs, Subtenant's Share of Pass Through Cost Increases for such year shall be represented by a fraction, the numerator of which shall be the number of days during such fractional year falling within the Term, and the denominator of whi...
Beginning on the first anniversary of the Effective Date and every six months thereafter until the first sale of a Licensed Product, Sensus shall submit to Genentech a progress report covering Sensus's activities related to the development of and securing of the requisite approvals to market Licensed Products within [ * ] (each, a "Major Market"). Sensus shall advise Genentech of the date of the first sale of the first Licensed Products in each Major Market and, thereafter, of [*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
Beginning on. “Rent Commencement Date”), Tenant agrees to pay Landlord (or its Agent as directed by Landlord), without notice, demand, deduction or set off, an annual rental of $ , payable in equal monthly installments of $ , in advance on the first day of each calendar month during the term hereof. Upon execution of this Lease, Tenant shall pay to Landlord the first monthly installment of rent due hereunder. Rental for any period during the term hereof which is less than one month shall be the pro-rated portion of the monthly installment of rental due, based upon a 30 day month. If this box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted every Lease Year Anniversary by % over the amount then payable hereunder. In the event renewal of this Lease is provided for in paragraph 2 hereof and effectively exercised by Tenant, the rental adjustments provided herein shall apply to the term of the Lease so renewed, or If this box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted every Lease Year Anniversary by the greater of: (i) percent ( %) over the amount then payable hereunder, or, (ii) the percentage increase (but not any decrease) in the numerical index of the “Consumer Price Index for All Urban Consumers” (1982-84 = 100) published by the Bureau of Labor Statistics of the United States Department of Labor (“CPI”) for the immediately preceding twelve (12) month period over the amount then payable hereunder. If this box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted every Lease Year Anniversary by $ over the amount then payable hereunder. In the event renewal of this Lease is provided for in paragraph 2 hereof and effectively exercised by Tenant, the rental adjustments provided herein shall apply to the term of the Lease so renewed. If this box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted as provided on Exhibit B. If this box is checked, Tenant shall pay all rental to Landlord’s Agent at the following address:
Beginning on or before October 1 of each year during the term hereof the parties shall work diligently and in good faith to develop an annual operating budget of the Venture for the next year, which budget shall include a description of proposed Projects for the next year (the "Annual Budget"). In attempting to develop an Annual Budget, each party shall act in a reasonable, non-arbitrary manner, giving due consideration to the number and magnitude of Projects undertaken in the current year, as well as reasonably expected growth of the Venture during the next year. If the parties are not able to agree, by December 1, on an Annual Budget for the next year, then HOB shall have the right to purchase Platinum's entire interest in the Venture by giving written notice thereof to Platinum by December 31 (the "HOB Option"). If HOB elects to exercise the HOB Option, HOB shall pay to Platinum, within thirty (30) days after the time of the election of the HOB Option (or cause to be paid to Platinum at such time, for example, by locating a third party to assume Platinum's Venture interest) an amount equal to any unpaid loans or advances by Platinum and any cash capital contributions of Platinum not previously distributed hereunder. If HOB does not elect to exercise the HOB Option, and the parties are not otherwise able to agree to an Annual Budget, then the Venture shall continue as provided herein and the Annual Budget for the next year shall be the same as the Annual Budget for the current year, as adjusted for changes in the Wholesale Price Index. HOB shall not be entitled to exercise the HOB Option if the amount of the Annual Budget finally proposed by HOB and rejected by Platinum (i) varies by more than one hundred twenty five percent (125%) from the Annual Budget of the immediately preceding year or (ii) exceeds the amount of the Annual Budget of the immediately preceding year, and the Venture operated at a loss for such period. Each such calculation shall be adjusted for changes in the Wholesale Price Index.