Common use of Covenants Concerning Rental Payments Clause in Contracts

Covenants Concerning Rental Payments. Tenant shall pay the Rent promptly when due, without notice or demand, and without any abatement, deduction or setoff, except as may otherwise be expressly and specifically provided in this Lease. No payment by Tenant, or receipt or acceptance by Agent or Landlord, of a lesser amount than the correct Rent shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or letter accompanying any payment be deemed an accord or satisfaction, and Agent or Landlord may accept such payment without prejudice to its right to recover the balance due or to pursue any other remedy available to Landlord. If the Commencement Date occurs on a day other than the first day of a calendar month, the Rent due for the first calendar month of the Term shall be prorated on a per diem basis (based on a 360 day, 12 month year) and paid to Landlord on the Commencement Date, and the Term will be extended to terminate on the last day of the calendar month in which the Expiration Date stated in Section 1.6 occurs. Simultaneously with the execution and delivery of this Lease, Tenant shall deposit with Landlord or Agent an amount equal to the sum of (i) the first monthly installment of Base Rent payable under this Lease, as set forth in Section 2.2 above and (ii) the sum designated as the Initial Estimated Additional Rent as set forth in Section 1.10 above, in cash. Tenant’s deposit of the foregoing items, together with the amount of the Security deposit specified in Section 1.10 above shall constitute a condition precedent to the Landlord’s obligations under this Lease, and Tenant’s failure to make such deposit shall constitute an event of default by Tenant under this Lease.

Appears in 2 contracts

Samples: Liquidity Services Inc, Liquidity Services Inc

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Covenants Concerning Rental Payments. Tenant shall pay the Rent promptly when due, without notice or demand, and without any abatement, deduction or setoff, except as may otherwise be expressly and specifically provided in this Leaseset forth herein. No payment by Tenant, or receipt or acceptance by Agent or Landlord, of a lesser amount than the correct Rent shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or letter accompanying any payment be deemed an accord or satisfaction, and Agent or Landlord may accept such payment without prejudice to its Landlord’s right to recover the balance due or to pursue any other remedy available to Landlord. If the Commencement Date occurs on a day other than the first day of a calendar month, the Rent due for the first calendar month of the Term shall be prorated on a per diem basis (based on a 360 day, 12 month year) and paid to Landlord on the Commencement Date, and the Term will be extended to terminate on the last day of the calendar month in which the Expiration Date stated in Section 1.6 occurs. Simultaneously with the execution and delivery of this Lease, Tenant shall deposit with Landlord or Agent an amount equal to the sum of (i) the first monthly installment of Base Rent payable under this Lease, as set forth in Section 2.2 above above, and (ii) the sum amount designated as the Initial Estimated Additional Rent as set forth in Section 1.10 1.12 above, in cash. Tenant’s deposit of the foregoing itemsamount, together with the amount of the Security deposit Deposit specified in Section 1.10 1.9 above shall constitute a condition precedent to the Landlord’s obligations under this Lease, and Tenant’s failure to make such deposit shall constitute an event Event of default Default (as defined below) by Tenant under this Lease.

Appears in 1 contract

Samples: Water Now, Inc.

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Covenants Concerning Rental Payments. Tenant shall pay the Rent promptly when due, without notice or demand, and without any abatement, deduction or setoff, except as may otherwise be expressly and specifically provided in this Lease. No payment by Tenant, or receipt or acceptance by Agent or Landlord, of a lesser amount than the correct Rent shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or letter accompanying any payment be deemed an accord or satisfaction, and Agent or Landlord may accept such payment without prejudice to its right to recover the balance due or to pursue any other remedy available to Landlord. If the Rent Commencement Date occurs on a day other than the first day of a calendar month, the Rent due for the first partial calendar month months occurring at the commencement and the expiration of the Term shall be prorated on a per diem basis (based on a 360 day, 12 month year) and paid basis. It is intended that the Net Base Rent provided in this Lease shall be an absolute net return to Landlord on throughout the Commencement DateTerm, and the Term will be extended to terminate on the last day of the calendar month unless otherwise expressly set forth in which the Expiration Date stated in Section 1.6 occurs. Simultaneously with the execution and delivery of this Lease, Tenant shall deposit free of any and all expenses or charges with respect to the Premises. All costs, expenses and charges of every nature relating to or incurred in connection with, the ownership and operation of the Premises that may be attributable to the Term to Landlord or Agent an amount equal third parties, as the case may be, will be paid, on a timely basis, by the Tenant, subject only to the sum of (i) the first monthly installment of Base Rent payable under this Lease, Landlord's obligations as set forth in Sections 13.3, 17, 18 and Section 2.2 above 7 of Exhibit C (as indicated) hereunder. Tenant hereby indemnifies and holds Landlord and all Landlord Affiliates (iidefined below) harmless from and against the sum designated as the Initial Estimated Additional Rent as set forth in Section 1.10 aboveconsequences (excluding consequential and speculative damages) resulting from Xxxxxx's failure, in cash. Tenant’s deposit of the foregoing itemsat any time or from time to time, together to comply with the amount of the Security deposit specified in Section 1.10 above shall constitute a condition precedent to the Landlord’s obligations under this Lease, and Tenant’s failure to make such deposit shall constitute an event of default by Tenant under this Leasepreceding obligation.

Appears in 1 contract

Samples: Golden Books Family Entertainment Inc

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