Common use of Fixed Rent Clause in Contracts

Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is other than the first day of a calendar month), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INC., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 2 contracts

Samples: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)

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Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder for the period Tenant agrees to pay to Landlord, commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning , and thereafter monthly, in advance, on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first full day of each and every calendar month immediately following during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent Commencement Date as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date is shall be other than the first day of a calendar month), the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be based upon a rate payment equal to a proportionate part of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal such monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Annual Fixed Rent for this period is subject the partial month from the Rent Commencement Date to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full succeeding calendar month immediately following month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date (Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Termtimes provided in this Lease. Except as expressly otherwise set forth in this Lease, the Fixed Rental Rate and, correspondingly, the Annual Fixed Rent, payable under Additional Rent and all other charges for which provision is made in this Lease by Sublessee shall be adjusted paid by an amount (eachTenant to Landlord without setoff, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (deduction or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCabatement., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 2 contracts

Samples: Agreement (Decibel Therapeutics, Inc.), Agreement (Decibel Therapeutics, Inc.)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing Tenant agrees to pay to Landlord, on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning , and thereafter monthly, in advance, on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full each and every calendar month immediately following during the Original Lease Term, a sum equal to one-twelfth (1/12th) of the Annual Fixed Rent Commencement Date specified in Section 1.1 hereof. Until notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Boston Properties Limited Partnership, as agent of Landlord. All remittances received by BOSTON PROPERTIES LIMITED PARTNERSHIP, as agent as aforesaid, or by any subsequently designated recipient, shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date is shall be other than the first day of a calendar month), the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be based upon a rate payment equal to a proportionate part of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal such monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Annual Fixed Rent for this period is subject the partial month from the Rent Commencement Date to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full succeeding calendar month immediately following the month. Additional Rent Commencement Date (the “First Adjustment Date”) and thereafter payable by Tenant on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Terma monthly basis, the Fixed Rental Rate andas elsewhere provided in this Lease, correspondingly, the Fixed Rent, payable under this Lease by Sublessee likewise shall be adjusted by an amount (eachprorated, an “Adjustment”) equal to and the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made first payment on the First Adjustment Date the comparison of the Consumer Price Index account thereof shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date similar fashion and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning commence on the Rent Commencement Date and thereafter on the first business day other provisions of each calendar month during the Base Term at the address from time to time designated this Lease calling for monthly payments shall be read as incorporating this undertaking by Sublessor for Tenant. Notwithstanding that the payment of Annual Fixed Rent payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. The Annual Fixed Rent and Additional Rent under all other charges for which provision is made in this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there Lease shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoingpaid by Tenant to Landlord without setoff, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above deduction or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCabatement., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 2 contracts

Samples: Lease Agreement (SEMrush Holdings, Inc.), Lease Agreement (SEMrush Holdings, Inc.)

Fixed Rent. No Fixed Rent or Additional Rent A. Sublessee shall pay to Sublessor, during the term of this Sublease, the annual rental (“fixed rent”), which shall be due or payable hereunder for the period inclusive of Sublessee’s electric charges, of: commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning on the Rent Commencement Date continuing through and including the last day of Expiration Date, at the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is other than the first day of a calendar month), the Fixed Rent shall be based upon a rate of Five Hundred Five Thousand Seven Hundred Sixty One Dollars ($12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”505,761.00) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated 42,146.75. Each monthly installment of fixed rent shall be paid on the first day of each and every calendar month during the term, except the first full monthly installment of fixed rent shall be paid upon execution of this Sublease. The fixed rent for any partial month of the term of this Sublease which does not begin or end on the first or last day of a calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted shall be prorated on a daily basis in accordance with Section 1.4 hereof if the square footage fixed rent due for the calendar month. Since the installment for the first full month’s fixed rent is being paid by Sublessee upon the execution of this Sublease regardless of whether the term shall have commenced on the first day of a calendar month, any adjustment to which Sublessee is entitled on account of the Premises is determined immediately preceding sentence shall be made to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning monthly installment of fixed rent due on the first day of the thirteenth (13th) full calendar month immediately next following the Rent month in which the Commencement Date (the “First Adjustment Date”) occurs. All fixed rent, additional rent and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable other sums and charges due to Sublessor under this Lease Sublease shall be paid by Sublessee shall be adjusted by an amount (eachat the office of Sublessor set forth above, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (or at such other place as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ designate, without any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index notice, setoff or deduction whatsoever. Sublessee’s obligation to measure changes in make such payments shall survive the cost Expiration Date or sooner termination of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCSublease., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Sublease (NPS Pharmaceuticals Inc)

Fixed Rent. No (a) Fixed rent (collectively, "FIXED RENT") paid or payable by tenants in connection with their occupancy shall be adjusted and prorated on an if, as and when collected basis. Any Fixed Rent collected by Purchaser or Additional Seller after the Closing from any tenant who owes Fixed Rent for periods prior to the Closing, shall be due or payable hereunder applied (i) first, in payment of Fixed Rent owed by such tenant for the month next preceding the month in which the Closing Date occurs, (ii) second, in payment of Fixed Rent owed by such tenant for the month in which the Closing Date occurs, (iii) third, in payment of Fixed Rent owed by such tenant for the period commencing on (if any) after the Term Commencement month in which the Closing Date occurs through the end of the month in which such amount is collected and including(iv) fourth, after Fixed Rent for all current periods have been paid in full, in payment of Fixed Rent owed by such tenant for the day period prior to the Rent Commencement Datemonth preceding the month in which the Closing Date occurs. For the period beginning on the Rent Commencement Date through and Each such amount, less any costs of collection (including the last day of the twelfth (12threasonable counsel fees) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is other than the first day of a calendar month)reasonably allocable thereto, the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment prorated as provided above, and the Fixed Rental Rate and Fixed Rent for party who receives such period amount shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable promptly pay over to the calendar month immediately preceding other party the applicable Adjustment Date for portion thereof to which such Adjustment it is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination so entitled. In furtherance and not in limitation of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted preceding sentence, with respect to any 12 calendar month tenant which has paid all Fixed Rent for periods through the Closing, if, prior to the Closing, Seller shall receive any prepaid Fixed Rent from such tenant attributable to a period during following the Base Term be less than Closing, at the Fixed Rental Rate payable for the period from the Rent Commencement Date throughClosing, but not including, the First Adjustment Date whether or not there Seller shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall pay over to Purchaser 13 the amount of any annual Adjustment to the such prepaid Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCRent., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Sale and Purchase Agreement (Ampal American Israel Corp /Ny/)

Fixed Rent. No Fixed rent (the “Fixed Rent”) is payable by Tenant in monthly installments in the amounts set forth in the Rent Schedule attached hereto as Rider No. 1. Fixed Rent or Additional Rent shall be due or is payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period by Tenant beginning on the Rent Commencement Date through earlier to occur of September 15, 2002, or the date that Tenant commences its broadcast operation, and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date is payable without prior notice or demand, and without any setoff or deduction whatsoever, in advance, on the first day of each month at such place as Landlord may direct. Annual Fixed Rent shall include the first full calendar month immediately following the Operating Expense Allowance as set forth in Section 1 of Exhibit “C” hereto. Annual Fixed Rent Commencement Date shall be subject to adjustment as provided in Section 2 of Exhibit “C” hereto. In addition, if the Rent Commencement Date is Lease Term commences on a day other than the first day of a calendar month, Tenant shall pay to Landlord, on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (Including Fixed Rent and any Additional Rent as herein provided), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined such pro rata portion to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change actual number of calendar days remaining in such partial month after the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics Commencement Date of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any Lease Term. If the Lease Term shall expire on other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in than the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business last day of each a calendar month during the Base Term at the address from time to time designated by Sublessor for the payment month, such monthly installment of Fixed Rent and Additional Rent under this Leaseshall be prorated for each calendar day of such partial month. If any portion of Fixed Rent, Additional Rent, or any other sum payable to Landlord hereunder shall be due and unpaid for more than five (5) days, the balance due shall be subject to and include a ten percent (10%) penalty. In no event addition, if any portion of Fixed Rent, Additional Rent or any other sum payable to Landlord hereunder shall the Fixed Rental Rate as adjusted with respect be due and unpaid for more than five (5) days after written notice of non-payment by Landlord to Tenant (which written notice shall not be required more than two times in any 12 calendar month period during the Base Term be less of twelve (12) consecutive months), it shall thereafter bear interest at a rate equal to three percent (3%) per annum greater than the Fixed Rental Rate payable for highest prime rate of interest announced from time to time by Bank of America (or its successor) (the period “Default Rate”), as the same may change from time to time, from the Rent Commencement Date throughdue date until the date of payment thereof by Tenant, but not includingprovided, the First Adjustment Date whether or not there however, that nothing herein contained shall be construed or implemented in such a decrease manner as to allow Landlord to charge or receive interest in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% excess of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCmaximum legal rate then allowed by law., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Lease (Sinclair Broadcast Group Inc)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or rent (the "Fixed Rent") is payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period by Tenant beginning on the Rent Commencement Date through and including the last day in monthly installments equal to one-twelfth (1/12th) of the twelfth total annual Fixed Rent (12ththe "Annual Fixed Rent") full calendar month immediately following payable for the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date applicable Lease Year as set forth in Exhibit "B" attached hereto, without prior notice or demand, and without any setoff or deduction whatsoever, in advance, on the first day of each month at such place as Landlord may direct, except that the Fixed Rent for the first full calendar month immediately following of the Lease Term will be paid on the date of execution of this Lease. The Annual Fixed Rent Commencement Date set forth herein is an annualized amount. In addition, if the Rent Commencement Date is Lease Term commences on a day other than the first day of a calendar month, Tenant shall pay to Landlord, on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (including Fixed Rent and any Additional Rent, as hereinafter defined), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined such pro rata portion to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change actual number of calendar days remaining in such partial month after the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics Commencement Date of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any Lease Term. If the Lease Term shall expire on other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in than the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business last day of each a calendar month during the Base Term at the address from time to time designated by Sublessor for the payment month, such monthly installment of Fixed Rent and Additional Rent shall be prorated for each calendar day of such partial month. Upon the second occurrence and those thereafter within any six-month period during the Lease Term, if any portion of Fixed Rent, Additional Rent or any other sum payable to Landlord hereunder shall be due and unpaid for more than ten (10) days, Tenant shall pay to Landlord, without notice or demand, a late charge equal to 5% of such overdue amount to partially compensate Landlord for its administrative costs. Tenant acknowledges that such late fee is a reasonable approximation of such costs and does not constitute a penalty. In addition, all amounts overdue and unpaid in excess of ten (10) days after notice by Landlord that such amounts are overdue and unpaid shall bear interest at a rate equal to two percent (2%) per annum greater than the prime rate of interest as published in the Wall Street Journal, eastern edition, from time to time (the "Default Rate"), as the same may change from time to time, from the due date until the date of payment thereof by Tenant, provided, however, that nothing contained herein or elsewhere in this Lease shall be construed or implemented in such a manner as to allow Landlord to charge or receive interest in excess of the maximum legal rate then allowed by law. Landlord and Tenant understand and agree that memos written on rental checks or any other payment forms delivered to Landlord do not and shall not, throughout the Lease Term hereunder, constitute satisfaction of any current or outstanding debt of Tenant pursuant to this Lease, and, provided further that any such memo shall not preclude Landlord from recovering any balance of any sum or sums due under this Lease. In addition, a letter or similar type statement accompanying any rental check or payment form delivered to Landlord pursuant to this Lease also shall have no event shall force or effect under this Lease as such may relate to the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount satisfaction of any annual Adjustment to the Fixed Rental Rate exceed the lesser debt of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCTenant hereunder., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Lease (Corporate Office Properties Trust Inc)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or rent (the "Fixed Rent") is payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period by Tenant beginning on the Rent Commencement Date through and including the last day in monthly installments equal to one-twelfth (1/12th) of the twelfth total annual Fixed Rent (12ththe "Annual Fixed Rent") full calendar month immediately following payable for the Rent Commencement Date (this applicable period shall include the partial calendar month between the Rent Commencement Date as set forth in Exhibit "B" attached hereto, without prior notice or demand, and without any setoff or deduction whatsoever, in advance, on the first day of the first full calendar each month immediately following the at such place as Landlord may direct. The Annual Fixed Rent Commencement Date set forth herein is an annualized amount. In addition, if the Rent Commencement Date is Lease Term commences on a day other than the first day of a calendar month, Tenant shall pay to Landlord, on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (including Fixed Rent and any Additional Rent, as hereinafter defined), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined such pro rata portion to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change actual number of calendar days remaining in such partial month after the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics Commencement Date of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any Lease Term. If the Lease Term shall expire on other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in than the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business last day of each a calendar month during the Base Term at the address from time to time designated by Sublessor for the payment month, such monthly installment of Fixed Rent and Additional Rent shall be prorated for each calendar day of such partial month. Upon the second occurrence and those thereafter within any six-month period during the Lease Term, if any portion of Fixed Rent, Additional Rent or any other sum payable to Landlord hereunder shall be due and unpaid for more than ten (10) days, Tenant shall pay to Landlord, without notice or demand, a late charge equal to 5% of such overdue amount to partially compensate Landlord for its administrative costs. Tenant acknowledges that such late fee is a reasonable approximation of such costs and does not constitute a penalty. In addition, all amounts overdue and unpaid in excess of ten (10) days after notice by Landlord that such amounts are overdue and unpaid shall bear interest at a rate equal to two percent (2%) per annum greater than the prime rate of interest as published in the Wall Street Journal, eastern edition, from time to time (the "Default Rate"), as the same may change from time to time, from the due date until the date of payment thereof by Tenant, provided, however, that nothing contained herein or elsewhere in this Lease shall be construed or implemented in such a manner as to allow Landlord to charge or receive interest in excess of the maximum legal rate then allowed by law. Landlord and Tenant understand and agree that memos written on rental checks or any other payment forms delivered to Landlord do not and shall not, throughout the Lease Term hereunder, constitute satisfaction of any current or outstanding debt of Tenant pursuant to this Lease, and, provided further that any such memo shall not preclude Landlord from recovering any balance of any sum or sums due under this Lease. In addition, a letter or similar type statement accompanying any rental check or payment form delivered to Landlord pursuant to this Lease also shall have no event shall force or effect under this Lease as such may relate to the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount satisfaction of any annual Adjustment to the Fixed Rental Rate exceed the lesser debt of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCTenant hereunder., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Lease (Corporate Office Properties Trust Inc)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder Xxxxxx agrees to pay to Lessor the annual net rental for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between Premises from the Rent Commencement Date and thereafter during the Primary Term in amounts equal to the Annual Net Fixed Rent set forth on the Cover Page of this Lease for the related year of the Primary Term (where each such lease year is a full twelve-month period commencing on the first day of the month in which Fixed Rent is payable hereunder), which Lessee agrees to pay to Lessor in equal monthly installments, each in advance, on the first full day of each and every calendar month immediately following during the Primary Term of this Lease provided, however, that in the event that the Rent Commencement Date if the Rent Commencement Date is shall occur on a date other than the first day of a calendar month), the Xxxxxx agrees to pay Fixed Rent in advance on a per diem basis from the Rent Commencement Date to the end of such month in an amount equal to $1,205.32/day provided, further, however that such obligation to pay Fixed Rent may be offset by any Fixed Rent holiday to which the Lessee is entitled pursuant to Section 1(c) hereof. Subject to Section 3(b) hereof, upon the exercise of the initial or subsequent Renewal Options and determination of the respective Fair Market Rentals for the Premises for the applicable Renewal Term pursuant to Section 23 hereof, Lessee agrees to pay to Lessor 100% of such Fair Market Rental, which shall be based upon on a rate of $12.25 per square foot contained in net basis, for the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable related Renewal Term in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning advance on the first day of the thirteenth (13th) full each and every calendar month immediately following during such Renewal Term of this Lease. The first full month of Fixed Rent shall be paid by Lessee simultaneously with the Rent Commencement Date (execution and delivery hereof by Xxxxxx. The foregoing installments of net rent set forth on the “First Adjustment Date”) and thereafter on each subsequent anniversary Cover Page of this Lease under the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Termheader, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee are herein collectively referred to as "Fixed Rent". All rent due or to become due hereunder shall be adjusted by an amount (eachpaid to Lessor at its address first above written, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index unless Lessor shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (designate some other payee or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date address for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted thereof by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time giving written notice to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time that effect to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCXxxxxx., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Lease Agreement (Corporate Realty Income Fund I L P)

Fixed Rent. No Fixed Rent All fixed, minimum or Additional Rent base rentals (other than percentage rent and expense reimbursement amounts) and other tenant charges received in respect to the month in which the Closing Date occurs (the "Current Month") shall be due or payable hereunder prorated. Such fixed rents for the period commencing Current Month which have been received as of the Closing Date shall be prorated on a per diem basis based upon the Term Commencement Date through and including, number of days in the day Current Month prior to the Rent Commencement Closing Date (which shall be allocated to Seller) and the number of days in the Current Month on and after the Closing Date (which shall be allocated to Buyer). Fixed rents which are delinquent as of the Closing Date shall not be prorated on the Closing Date. For All delinquent fixed rents received by Buyer from a tenant after the period beginning on the Rent Commencement Closing Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is other than the first day of a calendar month), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal applied to the Fixed Rental Rate payable for and with respect most recently accrued obligation of such tenant. After application as set forth above, Buyer shall promptly remit to Seller that portion of delinquent fixed rents received after the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment Closing Date attributable to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately periods prior to the Rent Commencement Closing Date and Seller shall promptly remit to Buyer that portion of fixed rents received after the monthly Consumer Price Index last published immediately Closing Date attributable to periods on and after the Closing Date. Buyer shall reasonably cooperate with Seller in collecting any delinquent fixed rents due Seller (but Buyer shall not be required to litigate, declare a default in any Lease, or incur any additional out of pocket costs in order to collect any such delinquent fixed rents due Seller). Seller hereby reserves its right to institute an action against any tenant for delinquent fixed rents attributable to periods prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Closing Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall Seller have any right to institute eviction proceedings with respect thereto, terminate any Lease or attach any tenant's property at the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square footProperty). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INC., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Purchase Agreement (JMB Income Properties LTD V)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing Commencing on the Term date that is one hundred eighty (180) days following the Commencement Date through and including, (the day prior to the Rent Commencement Date. For the period beginning ”), but subject to extension for Landlord Delays in accordance with Exhibit B-1 attached hereto, Tenant agrees to pay to Landlord, and thereafter monthly, in advance, on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1/12) of the Annual Fixed Rent for the Premises specified in Section 1.2 hereof and on the first full day of each and every calendar month immediately following during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent for the Premises as determined in Section 3.2 for the Extended Term. Until notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord by ACH transfer in accordance with the ACH Directive on Exhibit E. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Commencement Date if the Rent Commencement Date is shall be other than the first day of a calendar month), the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be based upon a rate payment equal to a proportionate part of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal such monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Annual Fixed Rent for this period is subject the partial month from the Commencement Date to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full succeeding calendar month immediately following month. Notwithstanding that the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary payment of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Annual Fixed Rent Rate is being made such that beginning with payable by Tenant to Landlord shall not commence until the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base TermCommencement Date, the Fixed Rental Rate Tenant shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used hereinto, the term “Consumer Price Index” and shall mean the Consumer Price Index (1982-84=100) comply with, all items for Urban Wage Earners other provisions of this Lease as and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of times provided in this Lease. The Annual Fixed Rent and Additional Rent under all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement except as expressly provided in this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INC., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: X4 Pharmaceuticals, Inc

Fixed Rent. No Prepaid Fixed Rent or Additional Rent shall will be due or payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning on the Rent Commencement Date through and including the last day prorated as of the twelfth (12th) full calendar month immediately following the Rent Commencement Proration Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is other than the first day of a calendar month), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject with Seller being entitled to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period the Proration Date and Purchaser being entitled to Fixed Rent thereafter. All other Fixed Rent which is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning delinquent on the first day Proration Date will not be prorated. All such arrearages of Fixed Rent unpaid on the thirteenth (13th) full calendar month immediately following Proration Date will remain the Rent Commencement Date (the “First Adjustment Date”) sole and thereafter on each subsequent anniversary exclusive property of the First Adjustment Date (each Seller after Closing, provided, however, if, after Closing, Seller shall receive any such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the delinquent Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal Seller will remit to Purchaser that portion of such delinquent Fixed Rent that is attributable to the Fixed Rental Rate payable for period after the Proration Date, if any. Seller shall retain all right, title, power and with respect authority to enforce payment thereof after Closing, except that Seller will not have the immediately preceding twelve (12) calendar month period multiplied by right to terminate the percentage change Lease of a delinquent tenant after Closing due to such delinquency. Seller is currently in litigation in the Consumer Price Index (as hereafter defined) during Circuit Court of Cxxx County wherein Seller or the immediately preceding 12 calendar month period multiplied by managing agent of Seller is Plaintiff and Bxxxxxxx'x Corporation, a corporation, is the square feet Defendant. Bruegger's formerly occupied Space B-11 at the Property, has vacated the Property and possession of said Property is now in Plaintiff. Seller will transfer possession of Space B-11 to Purchaser along with all of the remaining Space in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined Property at Closing in accordance with the foregoing calculations, then beginning on terms of this Agreement and shall retain all rights to the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment aforedescribed litigation. Copies of Fixed Rent for such period for which an Adjustment is being made but not yet determined, all relevant pleadings shall be in the monthly amount applicable forwarded to the calendar month immediately preceding the applicable Adjustment Date Purchaser and Seller's indemnities provided for hereinafter shall relate to this litigation. If, after Closing, Purchaser or its designee shall receive any delinquent Fixed Rents (this provision shall not relate to percentage rents) Purchaser may first apply such payments to rent delinquencies which such Adjustment is relate to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent period after the determination Proration Date, and Purchaser agrees, on its behalf and on behalf of its designee, to immediately remit the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time balance to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCSeller., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement (Ids JMB Balanced Income Growth LTD)

Fixed Rent. No Tenant shall pay Fixed Rent or Additional for the Premises (the “Fixed Rent”) at the annual rates set forth on Exhibit E annexed hereto. Fixed Rent shall be due or payable hereunder for the period by Tenant in equal monthly installments in advance commencing on the Term Commencement Date through and including, the day prior (subject to the Rent Commencement Date. For the period beginning last sentence herein) and thereafter on the Rent first day of each calendar month thereafter during the Term, at Landlord’s address set forth above, or at such other address as Landlord may specify by at least thirty (30) days’ written notice to Tenant from time to time; provided however; if the Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following and/or the Rent Commencement Date (this period as applicable) shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is occur on a date other than the first (1st) day of a any calendar month), then the first monthly installment of Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning that becomes due on the first day of the thirteenth (13th) full calendar month immediately following Commencement Date and/or the Rent Commencement Date (as applicable), prorated to the “First Adjustment Date”) and thereafter end of said calendar month (based on each subsequent anniversary the actual number of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Termdays in said calendar month), the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Commencement Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to and/or the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior (as applicable). Notwithstanding anything contained in this Section 2.01 or elsewhere in this Lease to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Termcontrary, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly Landlord hereby waives payment of Fixed Rent for such (i) the entire Premises other than the 4th floor portion of the Premises pursuant to, without limitation, Sections 2.03 and 2.04 hereof for the period for which an Adjustment is being made but not yet determined, shall be in from and including the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Commencement Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on until and including the date which is the next same date in the sixteenth (16th) month following the Commencement Date as the date of the Commencement Date (such date, the “Rent Commencement Date”); (ii) the fourth (4th) floor portion of the Premises for the payment of Fixed Rent after period from and including the determination Commencement Date until and including the date which is the same date in the eighth (8th) month following the Commencement Date as the date of the actual amount Commencement Date (such date, the “4th Floor Rent Commencement Date”) and (iii) the fifth (5th) floor portion of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable Premises for the period from the Rent Commencement Date through, but not includinguntil and including the date which is the same date in the sixteenth (16th) month following the Rent Commencement Date (such date, the First Adjustment Date whether or “5th Floor Rent Commencement Date”) provided however that should there be three Events of Default (as hereinafter defined) during the first sixteen months of the Term, then from and after the date of the third Event of Default all payments due and payable from and after such third Event of Default shall not there be waived by Landlord and shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based paid by Tenant on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCdates due hereunder., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Lease (Peloton Interactive, Inc.)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is other than the first day of a calendar month), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICALMEDICAL , INC., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Lease (Salient Surgical Technologies, Inc.)

Fixed Rent. No Sublessee shall pay rent (“Fixed Rent”) at the times and in the amounts set forth in Exhibit C. Notwithstanding anything to the contrary contained herein, in consideration of Sublessee entering into this Sublease and so long as there is no Default under this Sublease, monthly Fixed Rent or Additional Rent shall be due or payable hereunder axxxx for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning on the Rent Commencement Date through and including the last day of the twelfth first six (12th6) full calendar month immediately following months of the Sublease Term (the “Rent Abatement Period”). The total amount of monthly Fixed Rent during the Rent Commencement Date (this period Abatement Period shall include be referred to herein as the partial calendar month between “Abated Rent.” During the Rent Commencement Date Abatement Period all other costs and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is charges specified in this Sublease other than the first day Abated Rent shall remain as due and payable pursuant to the provisions of this Sublease. If a calendar month)Default by Sublessee shall occur while the foregoing Rent Abatement Period is still in effect, such abatement shall be IF "Error! No document variable supplied." = "1" "Error! Unknown document property name." "" suspended during any period in which Sublessee is in default under this Sublease beyond any applicable notice and cure periods and shall resume when such default has been cured, if Sublessor elects to accept such cure, and thereafter remain in effect until Sublessee has received the full 6 months of abated Fixed Rent. If a Default by Sublessee shall occur at any time during the Sublease Term which results in a termination of this Sublease or Sublessee’s right to possession of the Subleased Premises hereunder, the Fixed portion of the Abated Rent shall be based upon a rate unamortized as of $12.25 per square foot contained in the Building per annum date such Default occurs (with the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable Abated Rent being deemed to have been amortized in equal monthly installments together with interest thereon at the rate of $56,145.83 eight percent (equitably pro-rated for any partial 8%) per annum over the number of full calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs months in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed Sublease Term following such abatement period) shall become due and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount to Sublessor within thirty (each, an “Adjustment”30) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement days of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCtermination., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Sublease Agreement (Amarin Corp Plc\uk)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or rent (the "Fixed Rent") is payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period by Tenant beginning on the Rent Commencement Date through and including the last day in monthly installments, each representing one-twelfth (1/12) of the twelfth annual Fixed Rent (12ththe "Annual Fixed Rent") full calendar month immediately in accordance with the following the schedule: monthly installment of total Annual Annual period of Annual Fixed Rent Commencement Date Fixed Rent per Lease Term Fixed Rent due due rentable square foot Fixed Rent shall increase cents (this period shall include the partial calendar month between the $ ) per rentable square foot each year thereafter. Fixed Rent Commencement Date is payable without prior notice or demand, and without any setoff or deduction whatsoever, in advance, on the first day of each month at such place as Landlord may direct, except that the Fixed Rent for the first full calendar month immediately following of the Lease Term will be paid on the date of execution of this Lease. The Annual Fixed Rent Commencement Date set forth herein is an annualized amount. In addition, if the Rent Commencement Date is Lease Term commences on a day other than the first day of a calendar month, Tenant shall pay to Landlord, on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (including Fixed Rent and any Additional Rent as hereinafter defined), the Fixed Rent shall such pro rata portion to be based upon a rate on the actual number of $12.25 per square foot contained days in that portion of the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming from and after the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage Commencement Date of the Premises is determined to be other than 55,000 square feet as determined by the MeasurementLease Term. Thereafter, beginning on the first day If any portion of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, Additional Rent or any other sum payable under this Lease by Sublessee to Landlord hereunder shall be adjusted by an amount due and unpaid for more than ten (each10) days, an “Adjustment”) it shall bear interest at a rate equal to three percent (3%) per annum greater than the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change highest prime rate of interest as published in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base TermWall Street Journal, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby eastern edition from time to time shall be payable beginning on (the Rent Commencement Date and thereafter on "Default Rate"), as the first business day of each calendar month during the Base Term at the address same may change from time to time designated time, from the due date until the date of payment thereof by Sublessor for Tenant, provided, however, that nothing contained herein or elsewhere in this Lease shall be construed or implemented in such a manner as to allow Landlord to charge or receive interest in excess of the maximum legal rate then allowed by law. Landlord and Tenant understand and agree that memos written on rental checks or any other payment forms delivered to Landlord do not and shall not constitute satisfaction of Fixed Rent and Additional Rent any current or outstanding debt of Tenant pursuant to this Lease, and, provided further that any such memo shall not preclude Landlord from recovering any balance of any sum or sums due under this Lease. In addition, a letter or similar type statement accompanying any rental check or payment form delivered to Landlord pursuant to this Lease also shall have no event shall force or effect under this Lease as such may relate to the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount satisfaction of any annual Adjustment to the Fixed Rental Rate exceed the lesser debt of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCTenant hereunder., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Lease

Fixed Rent. No Sub-Sublandlord’s failure during the Sub-Sublease Term to prepare and deliver any statements or bills required to be delivered to Sub-Subtenant hereunder, or Sub- Sublandlord’s failure to make a demand under this Sub-Sublease shall not in any way be deemed to be a waiver of, or cause Sub-Sublandlord to forfeit or surrender its rights to collect any Rental which may have become due pursuant to this Sub-Sublease during the Sub-Sublease Term, unless, with respect to Additional Rent only, such failure continues for more than two (2) years after the later of (i) the Sub-Sublease Expiration Date, (ii) the date such payment was due by Sub- Sublandlord under the Sublease, if applicable, and (iii) the date upon which the invoice or statement in question was delivered to Sub-Sublandlord from the applicable Overlandlord. D. If any statement of Additional Rent due with respect to the Sublease Premises is furnished by Sublandlord to Sub-Sublandlord which shows that there has been an overpayment by Sub-Subtenant of any Additional Rent payable with respect to the Sublease Premises or if Sublandlord shall notify Sub-Sublandlord that Sub-Sublandlord is entitled to a credit against subsequent rent due to a refund of Taxes, Expenses or any other element of Additional Rent payable with respect to the Sublease Premises and as to which Sub-Subtenant paid to Sub- Sublandlord, and if Sublandlord shall actually give Sub-Sublandlord credit therefor under the Sublease as to which Sub-Subtenant paid Additional Rent hereunder, Sub-Sublandlord shall permit Sub-Subtenant on prior notice from Sub-Subtenant to credit the amount of such overpayment or Sub-Subtenant’s portion of such refund, as the case may be, against the next subsequent installment or installments of Additional Rent due under this Sub-Sublease. After the termination of this Sub-Sublease and the payment to Sub-Sublandlord of the balance, if any, of all Rental due hereunder and the surrender of the Sublease Premises to Sub-Sublandlord in the condition required hereunder, Sub-Sublandlord shall promptly pay to Sub-Subtenant the amount of any such refund or credit not previously applied by Sub-Subtenant. E. Notwithstanding anything herein to the contrary, Sub-Subtenant shall pay one month’s Fixed Rent or Additional Rent shall be due or payable hereunder for upon the period commencing on execution of this Sub-Sublease (“Advance Rent”). If the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Sub- Sublease Rent Commencement Date is other than on the first day of a calendar month), the Fixed Advance Rent shall be based upon a rate of $12.25 per square foot contained in credited towards the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublesseefirst month’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period payment. If the Sub-Sublease Rent Commencement Date is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on not the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter a month, then on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately or prior to the Sub-Sublease Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INC., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTSCommencement

Appears in 1 contract

Samples: 0004 000 Agreement (Duolingo, Inc.)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or rent (the "Fixed Rent") is payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period by Tenant beginning on the Rent Commencement Date through and including the last day in monthly installments, each representing one-twelfth (1/12) of the twelfth annual Fixed Rent (12ththe "Annual Fixed Rent") full calendar month immediately in accordance with the following the schedule: monthly installment of total Annual Annual period of Annual Fixed Rent Commencement Date Fixed Rent per Lease Term Fixed Rent due due rentable square foot Fixed Rent shall increase cents (this period shall include the partial calendar month between the $ ) per rentable square foot each year thereafter. Fixed Rent Commencement Date is payable without prior notice or demand, and without any setoff or deduction whatsoever, in advance, on the first day of each month at such place as Landlord may direct, except that the Fixed Rent for the first full calendar month immediately following of the Lease Term will be paid on the date of execution of this Lease. The Annual Fixed Rent Commencement Date set forth herein is an annualized amount. In addition, if the Rent Commencement Date is Lease Term commences on a day other than the first day of a calendar month, Tenant shall pay to Landlord, on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (including Fixed Rent and any Additional Rent as hereinafter defined), the Fixed Rent shall such pro rata portion to be based upon a rate on the actual number of $12.25 per square foot contained days in that portion of the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming from and after the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage Commencement Date of the Premises is determined to be other than 55,000 square feet as determined by the MeasurementLease Term. Thereafter, beginning on the first day If any portion of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, Additional Rent or any other sum payable under this Lease by Sublessee to Landlord hereunder shall be adjusted by an amount due and unpaid for more than ten (each10) days, an “Adjustment”) it shall bear interest at a rate equal to three percent (3%) per annum greater than the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change highest prime rate of interest as published in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base TermWall Street Journal, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby eastern edition from time to time shall be payable beginning on (the Rent Commencement Date and thereafter on "Default Rate"), as the first business day of each calendar month during the Base Term at the address same may change from time to time designated time, from the due date until the date of payment thereof by Sublessor for Xxxxxx, provided, however, that nothing contained herein or elsewhere in this Lease shall be construed or implemented in such a manner as to allow Landlord to charge or receive interest in excess of the maximum legal rate then allowed by law. Landlord and Tenant understand and agree that memos written on rental checks or any other payment forms delivered to Landlord do not and shall not constitute satisfaction of Fixed Rent and Additional Rent any current or outstanding debt of Tenant pursuant to this Lease, and, provided further that any such memo shall not preclude Landlord from recovering any balance of any sum or sums due under this Lease. In addition, a letter or similar type statement accompanying any rental check or payment form delivered to Landlord pursuant to this Lease also shall have no event shall force or effect under this Lease as such may relate to the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount satisfaction of any annual Adjustment to the Fixed Rental Rate exceed the lesser debt of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCTenant hereunder., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Lease

Fixed Rent. No Fixed Rent or Additional Rent shall be due or rent (the “Fixed Rent”) is payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period by Tenant beginning on the Rent Commencement Date through and including the last day in monthly installations each equal to (See Rent Schedule - Rider#l), representing one- twelfth (1/12) of the twelfth annual Fixed Rent (12ththe “Annual Fixed Rent”) full calendar month immediately following the equal to (See Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date Schedule - Rider#l), without prior notice or demand, and without any setoff or deduction whatsoever, in advance, on the first day of each month at such place as Landlord may direct. Annual Fixed Rent shall include the first full calendar month immediately following the Operating Expense Allowance as set forth in Section I(1) of Exhibit “C” hereto. Annual Fixed Rent Commencement Date shall be subject to adjustment as provided in Section II of Exhibit “C” hereto. In addition, if the Rent Commencement Date is Lease Term commences on a day other than the first day of a calendar month, Tenant shall pay to Landlord, on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (Including Fixed Rent and any Additional Rent as herein provided), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined such pro rata portion to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change actual number of calendar days remaining in such partial month after the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics Commencement Date of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any Lease Term. If the Lease Term shall expire on other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in than the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business last day of each a calendar month during the Base Term at the address from time to time designated by Sublessor for the payment month, such monthly installment of Fixed Rent and Additional Rent under this Leaseshall be prorated for each calendar day of such partial month. If any portion of Fixed Rent, Additional Rent, or any other sum payable to Landlord hereunder shall be due and unpaid for more than five (5) days, the balance due shall be subject to and include a 10 percent penalty. In no event addition, if any portion of Fixed Rent, Additional Rent or any other sum payable to Landlord hereunder shall the Fixed Rental Rate as adjusted with respect be due and unpaid for more than five (5) days after written notice of non-payment by Landlord to Tenant (which written notice shall not be required more than two times in any 12 calendar month period during the Base Term be less of twelve (12) consecutive months), it shall thereafter bear interest at a rate equal to three percent (3%) per annum greater than the Fixed Rental Rate payable for highest prime rate of interest announced from time to time by NationsBank (or its successor) (the period “Default Rate”), as the same may change from time to time, from the Rent Commencement Date throughdue date until the date of payment thereof by Tenant, but not includingprovided, the First Adjustment Date whether or not there however, that nothing herein contained shall be construed or implemented in such a decrease manner as to allow Landlord to charge or receive interest in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% excess of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCmaximum legal rate then allowed by law., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Lease (Sinclair Broadcast Group Inc)

Fixed Rent. No Fixed Rent or Additional Rent Subject to this Section 6.8.3, all fixed rent and regularly scheduled items of additional rent under the Third Party Leases, and other tenant charges if, as and when received shall be due prorated as of the Cut-off Time. Seller shall provide a credit in an amount equal to all prepaid rentals for periods after the Closing Date and all refundable cash security deposits (to the extent the foregoing were made by tenants under the Third Party Leases and are not applied or payable hereunder for the period commencing on the Term Commencement Date through and including, the day forfeited prior to the Rent Commencement Closing Date) to Buyer on the Closing Date. For a period of six (6) months following the period beginning Closing, provided that Seller delivers to Buyer all books, records and other documents related to such delinquencies, Buyer shall include such delinquencies in its normal billing and shall use commercially reasonable efforts to pursue the collection thereof in good faith after the Closing Date (but Buyer shall not be required to litigate or declare a default under any of the Third Party Leases). Seller shall deliver to Buyer at Closing any tenant security deposits which are held in the form of letters of credit. Rents and other tenant charges which are delinquent as of the Closing Date shall not be prorated on the Rent Commencement Date through and including Closing Date. To the last day of extent Buyer receives rents or other tenant charges on or after the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is other than the first day of a calendar month)Closing Date, the Fixed Rent such payments shall be based upon a rate applied (i) first, to Buyer’s actual out-of-pocket third-party costs of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and collection incurred with respect to such Tenant to the immediately preceding extent any such rent was delinquent and was collected outside the ordinary course; (ii) second, to rents due from such Tenant for the month in which such payment is received by Buyer, including, as applicable, the month of Closing; (iii) third, to rents attributable to any period after the Closing which are due or past due on the date of receipt in inverse order of maturity (such that amounts shall be applied first against rents which have been outstanding for the shortest period of time); and (iv) finally, to rents and other charges delinquent as of the Closing (and Buyer promptly shall remit such amounts to Seller). Xxxxx agrees that it shall use commercially reasonable efforts to collect any such delinquent rents for a period of twelve (12) calendar month period multiplied by months following the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case Closing Date; provided, however, that Buyer shall have no obligation to institute legal proceedings, including an action for unlawful detainer, against a tenant owing delinquent rents. Buyer may not waive any delinquent rents or other tenant charges nor modify any of the Adjustment leases as to reduce or otherwise affect amounts owed thereunder for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining Seller’s written consent, which consent may be made on the First Adjustment Date the comparison of the Consumer Price Index given or withheld in Seller’s sole and absolute discretion. Seller shall be between the monthly Consumer Price Index last published immediately prior have no right to the Rent Commencement Date take any action against any tenant (other than Buyer) to collect any past due rents from and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of Closing, and Seller hereby waives any rights it may have to take any action against any tenant to collect such past due rents from and after the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted Closing Date; provided, however, with respect to delinquent rents and any 12 calendar month period during other amounts or other rights of any kind respecting tenants who are no longer tenants of the Base Term be less than Real Property on the Fixed Rental Rate payable Closing Date, Seller shall retain all rights relating thereto. Xxxxxx agrees to promptly deliver to Buyer any rents received by Seller for the period from and after the Rent Commencement Date throughClosing Date, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCwithout offset., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Office Lease (PACIFIC GAS & ELECTRIC Co)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing Tenant agrees to pay to Landlord, on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning , and thereafter monthly, in advance, on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1/12) of the Annual Fixed Rent specified in Section 1.1 hereof and on the first full day of each and every calendar month immediately following during each Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the applicable Extended Term. Until notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Boston Properties Limited Partnership, as agent of Landlord, either (i) by ACH transfer to Bank of America in Dallas, Texas, Bank Routing Number 111 000 012 or (ii) by mail to X.X. Xxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000-0000, and in the case of (i) referencing Account Number 3756454460, Account Name of Boston Properties Limited Partnership, Tenant’s name and the Property address. All remittances received by BOSTON PROPERTIES LIMITED PARTNERSHIP, as agent as aforesaid, or by any subsequently designated recipient, shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Commencement Date if the Rent Commencement Date is shall be other than the first day of a calendar month), the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be based upon a rate payment equal to a proportionate part of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal such monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Annual Fixed Rent for this period is subject the partial month from the Commencement Date to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full succeeding calendar month immediately following month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the Rent first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary other provisions of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee calling for monthly payments shall be adjusted read as incorporating this undertaking by an amount (eachTenant. The Annual Fixed Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, an “Adjustment”) equal deduction or abatement, except as otherwise expressly set forth in this Lease. Notwithstanding that the payment of Annual Fixed Rent payable by Tenant to the Fixed Rental Rate payable for and Landlord with respect to the immediately preceding twelve fourth (124th) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case floor of the Adjustment to be made on Office Building shall not commence until the First Adjustment Date the comparison expiration of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base TermAbatement Period, the Fixed Rental Rate Tenant shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used hereinto, the term “Consumer Price Index” and shall mean the Consumer Price Index (1982-84=100) comply with, all items for Urban Wage Earners and Clerical Workers published by the Bureau other provisions of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted Lease with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of fourth (i4th) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% floor of the Fixed Rental Rate for Office Building as and at the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCtimes provided in this Lease., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Boston, Massachusetts (Rapid7, Inc.)

Fixed Rent. No Tenant shall pay to Landlord as fixed annual rent for each Lease Year for the Premises, without notice, set-off, counterclaim, deduction or demand, the following amounts, subject to adjustment as provided in Section 3.2 hereof: Lease Year Fixed Annual Rent or Additional Per Annum Fixed Monthly Rent 1 $ 236,495.00 $ 19,707.92 2 $ 243,589.85 $ 20,299.15 3 $ 250,897.54 $ 20,908.13 4 $ 258,424.46 $ 21,535.37 5 $ 266,177.19 $ 22,181.43 Fixed annual rent shall be due or payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period in equal monthly installments beginning on the Rent Lease Commencement Date through and including thereafter monthly, in advance, on the last first day of each month during the twelfth Lease Term, (12th) full calendar month immediately following each such monthly installment being referred to herein as “fixed monthly rent”). If the Rent Commencement Date (this period shall include defined below) is a date other than on the partial calendar month between the Rent Commencement Date and first day of a month, rent from such date until the first day of the first full calendar following month immediately following the Rent Commencement Date if the Rent Commencement Date is other than the first day of a calendar month), the Fixed Rent shall be based upon a prorated at the rate of $12.25 per square foot contained in the Building per annum one-thirtieth (the “Fixed Rental Rate”1/30th) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on fixed monthly rent for each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month periodday. As used herein, the term first Consumer Price IndexLease Year” shall mean the Consumer Price Index period commencing on the Lease Commencement Date and ending on the last day of the month which completes (198212) twelve full calendar months, and each 12-84=100month period, thereafter commencing on the first day after the end of the immediately preceding Lease Year. The date upon which Tenant is required to begin making fixed rent payments under this Lease shall be the “Rent Commencement Date.” Notwithstanding such abatement of fixed rent, (a) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Bostonother sums due under this Lease, MA (or if there ceases to be any such publicationincluding, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determinedlimited to, additional rent, shall be payable as provided in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with this Lease, and (b) any shortfall or overpayment to be made or credited increases in fixed rent set forth in this Lease shall occur on the date which dates scheduled therefor. The abatement of Tenant’s fixed rent is the next date for the payment conditioned upon Tenant’s full and timely performance of Fixed Rent after the determination all of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent its obligations under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to If at any 12 calendar month period time during the Base Lease Term be less than a default by Tenant occurs, then the Fixed Rental Rate payable abatement of fixed rent provided for herein shall immediately become void, and Tenant shall promptly pay to Landlord, in addition to the period from the Rent Commencement Date through, but not includingother amounts due to Landlord under this Lease, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the full amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCfixed rent herein abated., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Lease Agreement (Dupont Fabros Technology, Inc.)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or rent (the “Fixed Rent”) is payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period by Tenant beginning on the Rent Commencement Date through and including the last day in monthly installations each equal to (See Rent Schedule - Rider#l), representing one-twelfth (1/12) of the twelfth annual Fixed Rent (12ththe “Annual Fixed Rent”) full calendar month immediately following the equal to (See Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date Schedule - Rider#l), without prior notice or demand, and without any setoff or deduction whatsoever, in advance, on the first day of each month at such place as Landlord may direct. Annual Fixed Rent shall include the first full calendar month immediately following the Operating Expense Allowance as set forth in Section I (1) of Exhibit “C” hereto. Annual Fixed Rent Commencement Date shall be subject to adjustment as provided in Section II of Exhibit “C” hereto. In addition, if the Rent Commencement Date is Lease Term commences on a day other than the first day of a calendar month, Tenant shall pay to Landlord, on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (Including Fixed Rent and any Additional Rent as herein provided), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined such pro rata portion to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change actual number of calendar days remaining in such partial month after the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics Commencement Date of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any Lease Term. If the Lease Term shall expire on other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in than the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business last day of each a calendar month during the Base Term at the address from time to time designated by Sublessor for the payment month, such monthly installment of Fixed Rent and Additional Rent under this Leaseshall be prorated for each calendar day of such partial month. If any portion of Fixed Rent, Additional Rent, or any other sum payable to Landlord hereunder shall be due and unpaid for more than five (5) days, the balance due shall be subject to and include a 10 percent penalty. In no event addition, if any portion of Fixed Rent, Additional Rent or any other sum payable to Landlord hereunder shall the Fixed Rental Rate as adjusted with respect be due and unpaid for more than five (5) days after written notice of non-payment by Landlord to Tenant (which written notice shall not be required more than two times in any 12 calendar month period during the Base Term be less of twelve (12) consecutive months), it shall thereafter bear interest at a rate equal to three percent (3%) per annum greater than the Fixed Rental Rate payable for highest prime rate of interest announced from time to time by NationsBank (or its successor) (the period “Default Rate”), as the same may change from time to time, from the Rent Commencement Date throughdue date until the date of payment thereof by Tenant, but not includingprovided, the First Adjustment Date whether or not there however, that nothing herein contained shall be construed or implemented in such a decrease manner as to allow Landlord to charge or receive interest in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% excess of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCmaximum legal rate then allowed by law., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Lease (Sinclair Broadcast Group Inc)

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Fixed Rent. No Tenant agrees to pay to Landlord the Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing (as set forth in PARAGRAPH F OF THE SUMMARY OF LEASE TERMS) in equal monthly installments in advance on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full each calendar month immediately following of the Rent Commencement Date if term of this Lease without deduction, offset, prior notice or demand, in lawful money of the Rent United States, at the office of Landlord at Landlord's address for notice as specified in PARAGRAPH M OF THE SUMMARY OF LEASE TERMS or at such other place as designated by Landlord (the "Fixed Rent"). If the Commencement Date is other than not the first day of a calendar month), or if the Fixed Rent Expiration Date is not the last day of a month, a prorated monthly installment shall be based upon paid at the then current rate for the fractional month during which the Lease commences and/or expires. It is the responsibility of Tenant to ensure that the Rent arrives at the above-mentioned place on or before the due date. If the due date is a rate of $12.25 per square foot contained in weekend or holiday, then Tenant must arrange for earlier delivery. Payments made by mail will be considered late if they do not arrive at the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined place designated by the Measurement. Thereafter, beginning Landlord on the first day designated due date. All amounts of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base TermRent, the Fixed Rental Rate andincluding, correspondinglywithout limitation, the Fixed Rent, payable and other sums due under this Lease by Sublessee if not paid when due shall be adjusted by an amount (each, an “Adjustment”i) bear interest from the due date until paid at a per annum rate equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (ix) the Adjustment based on maximum rate allowed by law, or (y) fifteen percent (15%) (the applicable percentage change in the Consumer Price Index as set forth above or "Default Rate") until fully paid, and (ii) 3% incur a late charge of five percent (5%) of such unpaid amount. Landlord and Tenant agree that the Fixed Rental Rate amount of such interest and late charge is fair and reasonable compensation for costs and expenses incurred by Landlord due to the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate failure by Tenant to timely make any payment of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCRent or other sums due under this Lease as such costs and expenses are extremely difficult to estimate and ascertain., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Antivirals Inc

Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing Tenant agrees to pay to Landlord, on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning , and thereafter monthly, in advance, on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1/12th) of the Annual Fixed Rent specified in Section 1.1 hereof and on the first full day of each and every calendar month immediately during the Extended Term (if exercised), a sum equal to one-twelfth (1/12th) of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Boston Properties Limited Partnership by one of the 3 following methods, chosen by Tenant in its sole discretion: (i) via the VersaPay ARC, Boston Properties on-line Tenant Portal for which an invite will be sent to Tenant from the VersaPay ARC platform from the email address xxxxxxx@xxxxxxxx.xxx (please contact Landlord at XXXxxx@xxx.xxx with any inquiries respecting VersaPay), (ii) by ACH transfer to [**] and the Property address or (iii) by mail to X.X. Xxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000-0000. All remittances received by Boston Properties Limited Partnership, or any other agent or designated recipient of Boston Properties Limited Partnership, shall be treated as payment to Landlord. Annual Fixed Rent Commencement Date for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date is a day other than the first day of a calendar month), the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be based upon a rate payment equal to a proportionate part of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal such monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Annual Fixed Rent for this period is subject the partial month from the Rent Commencement Date to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full succeeding calendar month immediately following month. Additional Rent payable by Tenant on a monthly basis, as hereinafter provided, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion but shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant; provided, however, that Tenant’s obligation to pay Landlord’s Tax Expenses Allocable to the Premises and Operating Expenses Allocable to the Premises shall not commence until the Rent Commencement Date Date, as hereinafter provided. Notwithstanding that the payment of Annual Fixed Rent (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal as well as Landlord’s Tax Expenses Allocable to the Fixed Rental Rate payable for Premises, and with respect Operating Expenses Allocable to the immediately preceding twelve (12Premises) calendar month period multiplied payable by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment Tenant to be made on the First Adjustment Date the comparison of the Consumer Price Index Landlord shall be between the monthly Consumer Price Index last published immediately prior to not commence until the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate Tenant shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used hereinto, the term “Consumer Price Index” and shall mean the Consumer Price Index (1982-84=100) comply with, all items for Urban Wage Earners other provisions of this Lease as and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of times provided in this Lease. The Annual Fixed Rent and Additional Rent under all other charges for which provision is herein made shall be paid by Tenant to Landlord without offset, deduction or abatement except as otherwise specifically set forth in this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INC., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Translate Bio, Inc.

Fixed Rent. No Fixed Rent Tenant agrees to pay to Landlord, or Additional Rent as directed by Landlord at such place as Landlord shall be due or payable hereunder for the period commencing from time to time designate by notice, on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning , and thereafter monthly, in advance, on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full each and every calendar month immediately following during the Original Lease Term, a sum equal to one-twelfth (1/12th) of the Annual Fixed Rent Commencement Date specified in Section 1.2 hereof. Until notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Boston Properties Limited Partnership either (i) by mail to X.X. Xxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000-0000, (ii) by wire transfer to Bank of America in Dallas, Texas, Bank Routing Number 0000-0000-0 or (iii) by ACH transfer to Bank of America in Dallas, Texas, Bank Routing Number 111 000 012, and in the case of (ii) or (iii) referencing Account Number 3756454460, Account Name of Boston Properties, LP, Tenant’s name and the Property address. All remittances received by BOSTON PROPERTIES LIMITED PARTNERSHP, as Agents as aforesaid, or by any subsequently designated recipient, shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date is shall be other than the first day of a calendar month), the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be based upon a rate payment equal to a proportionate part of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal such monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Annual Fixed Rent for this period is subject the partial month from the Rent Commencement Date to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full succeeding calendar month immediately following month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. The Annual Fixed Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement. Notwithstanding anything contained herein or in Section 1.2 to the contrary, it is understood and agreed that in the event Tenant shall default in its obligations under this Lease at any time during the Term of this Lease, Annual Fixed Rent which would have been payable for the period commencing on the Commencement Date and ending on the last day of the Rent Commencement Date (the “First Adjustment Date”) absent such free rent shall immediately become due and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCpayable., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Sublease (Flex Pharma, Inc.)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or rent (the “Fixed Rent”) is payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period by Tenant beginning on the Rent Commencement Date through and including the last day in monthly installations each equal to (See Rent Schedule - Rider #1), representing one-twelfth (1/12) of the twelfth annual Fixed Rent (12ththe “Annual Fixed Rent”) full calendar month immediately following the equal to (See Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date Schedule - Rider #1), without prior notice or demand, and without any setoff or deduction whatsoever, in advance, on the first day of each month at such place as Landlord may direct. Annual Fixed Rent shall include the first full calendar month immediately following the Operating Expense Allowance as set forth in Section I (1) of Exhibit “C” hereto. Annual Fixed Rent Commencement Date shall be subject to adjustment as provided in Section II of Exhibit “C” hereto. In addition, if the Rent Commencement Date is Lease Term commences on a day other than the first day of a calendar month, Tenant shall pay to Landlord, on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (Including Fixed Rent and any Additional Rent as herein provided), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined such pro rata portion to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change actual number of calendar days remaining in such partial month after the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics Commencement Date of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any Lease Term. If the Lease Term shall expire on other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in than the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business last day of each a calendar month during the Base Term at the address from time to time designated by Sublessor for the payment month, such monthly installment of Fixed Rent and Additional Rent under this Leaseshall be prorated for each calendar day of such partial month. If any portion of Fixed Rent, Additional Rent, or any other sum payable to Landlord hereunder shall be due and unpaid for more than five (5) days, the balance due shall be subject to and include a 10 percent penalty. In no event addition, if any portion of Fixed Rent, Additional Rent or any other sum payable to Landlord hereunder shall the Fixed Rental Rate as adjusted with respect be due and unpaid for more than five (5) days after written notice of non-payment by Landlord to Tenant (which written notice shall not be required more than two times in any 12 calendar month period during the Base Term be less of twelve (12) consecutive months), it shall thereafter bear interest at a rate equal to three percent (3%) per annum greater than the Fixed Rental Rate payable for highest prime rate of interest announced from time to time by NationsBank (or its successor) (the period “Default Rate”), as the same may change from time to time, from the Rent Commencement Date throughdue date until the date of payment thereof by Tenant, but not includingprovided, the First Adjustment Date whether or not there however, that nothing herein contained shall be construed or implemented in such a decrease manner as to allow Landlord to charge or receive interest in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% excess of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCmaximum legal rate then allowed by law., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Lease (Sinclair Broadcast Group Inc)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior The Tenant hereby agrees to pay to the Rent Commencement Date. For Landlord an annual base or fixed rental (hereinafter, “Fixed Rent”) throughout the period beginning full Term in the amounts set forth on the Rent Commencement Date through Schedule “B” annexed hereto and including the last day incorporated herein by reference in cash or check, lawful money of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and United States of America, in monthly installments, payable on the first day of each and every month, in advance, throughout the first full calendar month immediately following initial Term of twelve (12) years. Rent shall commence on the date (the “Rent Commencement Date if Date”) which is thirty calendar days after the Commencement Date. If the Rent Commencement Date is before or after June 1, 2012, then Schedule B shall be revised and initialed by the parties to reflect the actual Rent Commencement Date. Fixed Rent for the first full month of the Term after the Rent Commencement Date shall be paid in advance on the date of execution of this Lease. Fixed Rent, Supplemental and Additional Rent (which are sometimes collectively referred to herein as “Rent”) shall be paid at the office of the Landlord or at such other place as may hereafter be designated by the Landlord. Fixed Rent shall be paid to the Landlord without notice or demand and without deduction, set-off or other charge. If the Commencement Date or the Termination Date occurs on a day other than respectively, the first day or the last day of a calendar month), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in for the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming at the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage commencement or termination of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee Term shall be adjusted by an amount (each, an “Adjustment”) equal to prorated based upon the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change number of days in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCmonth., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Lease Agreement (G Iii Apparel Group LTD /De/)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing Tenant agrees to pay to Landlord, on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning , and thereafter monthly, in advance, on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1/12) of the Annual Fixed Rent for the Primary Premises specified in Section 1.2 hereof and one-twelfth (1/12) of the Annual Fixed Rent for the Storage Space and on the first full day of each and every calendar month immediately following 0000 Xxxx Xxxxxx Xxxxxx Xxxxxxxx, Inc. Lease during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent Commencement Date for the Premises as determined in Section 3.2 for the Extended Term. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date is shall be other than the first day of a calendar month), the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be based upon a rate payment equal to a proportionate part of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal such monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Annual Fixed Rent for this period is subject the partial month from the Rent Commencement Date to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full succeeding calendar month immediately following month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant, provided, however, that Tenant’s obligation to pay Landlord’s Tax Expenses Allocable to the Premises pursuant to Section 6.2 and Operating Expenses Allocable to the Premises pursuant to Section 7.5 shall not commence until the Rent Commencement Date (Date. Notwithstanding that the “First Adjustment Date”) and thereafter on each subsequent anniversary payment of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Annual Fixed Rental Rate and, correspondingly, the Fixed Rent, Rent payable under this Lease by Sublessee Tenant to Landlord shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to not commence until the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate Tenant shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used hereinto, the term “Consumer Price Index” and shall mean the Consumer Price Index (1982-84=100) comply with, all items for Urban Wage Earners other provisions of this Lease as and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of times provided in this Lease. The Annual Fixed Rent and Additional Rent under all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement except as expressly provided in this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INC., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Lease (Markforged Holding Corp)

Fixed Rent. No Fixed Rent additional rent and all other charges herein reserved, but no such assignment, subletting, occupancy or Additional Rent collection shall be due deemed a waiver of the provisions of this Section 6.1.6, or payable hereunder for acceptance of the period commencing assignee, subtenant or occupant as tenant, or a release of Tenant from the further performance of the terms, covenants and conditions of this Lease on the Term Commencement Date through and includingpart of Tenant to be performed. In such event, the day prior to after deducting Landlord’s share of the Rent Commencement DateDifferential, equitably determined on a monthly basis, if applicable as hereinafter provided, Landlord agrees to remit to Tenant any excess on a month to month basis. For the period beginning on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is other than the first day If Landlord’s approval of a calendar month)sublease or assignment is necessary and Landlord approves a sublease or assignment, and said sublease or assignment is for a total rental amount which on an annualized basis is greater than the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject additional rent due from Tenant to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable Landlord under this Lease by Sublessee Lease, Tenant shall be adjusted by an amount (eachpay to Landlord, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) forthwith upon Tenant’s receipt of each installment of such excess rent, during the immediately preceding 12 calendar month period multiplied by the square feet term of any approved sublease or assignment, as additional rent hereunder, in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment addition to the Fixed Rent Rate is being made and other payments due under this Lease, an amount equal to fifty percent (50%) of the positive excess between all Fixed Rent and additional rent received by Tenant under the sublease or assignment and the Fixed Rent and the additional rent due hereunder after Tenant has recouped, in full, its reasonable out-of-pocket expenses with respect to such that beginning sublease or assignment, including without limitation, reasonable real estate brokerage commissions, utilities expenses, reasonable legal fees, reasonable free rent, reasonable marketing costs and the reasonable costs of refurbishment of the Premises for such sublease or assignment (the “Rent Differential”). The Rent Differential shall not include the sales or rental proceeds received by Tenant in connection with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject sale or lease of its personal property to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index)a proposed transferee. In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent sublease is for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate full Premises hereunder, the rent payable by Tenant shall be proportionately adjusted in determining the excess (but all expenses to be recouped will be deducted) pro-rated on a square foot basis. Anything contained in the foregoing provisions of this section to the contrary notwithstanding, neither Tenant nor any other person having interest in the possession, use, occupancy or utilization of the Premises shall enter into any lease, sublease, license, concession or other agreement for use, occupancy or utilization of space in the period Premises which provides for rental or other payment for such use, occupancy or utilization based, in whole or primarily on the net income or profits derived by any person from the Rent Commencement Date throughPremises leased, but not includingused, the First Adjustment Date whether occupied or not there utilized (other than an amount based on a fixed percentage or percentages of receipts or sales), and any such purported lease, sublease, license, concession or other agreement shall be absolutely void and ineffective as a decrease conveyance of any right or interest in the Consumer Price Index. Further notwithstanding the foregoingpossession use, in no event shall the amount occupancy or utilization of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% part of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot)Premises. [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INC., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS6.1.7

Appears in 1 contract

Samples: And Attornment Agreement (ConforMIS Inc)

Fixed Rent. No Sublessee shall pay to Sublessor, at the Payment of Rent Address, during the Term, Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is other than the first day of a calendar month), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period)installments, assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning commencing on the Rent Commencement Date and thereafter on the first business day of each and every calendar month during the Base Term Term. The Fixed Rent for any month of the term of this Sublease which does not begin or end on the first or last day of a calendar month shall be prorated on a daily basis in accordance with the Fixed Rent due for the calendar month. All Fixed Rent, Additional Rent and other sums and charges due to Sublessor under this Sublease shall be paid by Sublessee at the address from time Payment of Rent Address set forth above, or at such other place as Sublessor may designate, without any notice, setoff or deduction whatsoever. Sublessee's obligation to time designated by make such payments shall survive the Expiration Date or sooner termination of this Sublease. All other costs and expenses which Sublessee assumes or agrees to pay pursuant to this Sublease shall be deemed Additional Rent and, in the event of non-payment, Sublessor shall have all the rights and remedies provided for the in case of non-payment of Fixed Rent (or its equivalent term) in the Underlying Lease. If Sublessee shall fail to duly and timely pay any installment of Fixed Rent or Additional Rent, Sublessee shall also pay to Sublessor a late charge(s) and interest charges due and payable from Sublessor to Underlying Landlord pursuant to Section 2.3 of the Underlying Lease, such late charge to be payable as Additional Rent hereunder. The payment of such late charge shall be in addition to all other rights and remedies available to Sublessor in the case of non-payment of Fixed Rent. In the event Sublessor incurs any costs or expenses which are directly attributable to services or utilities furnished to the Sublet Premises or repairs made in the Sublet Premises, such costs and expenses shall be deemed Additional Rent under this Lease. In no event Sublease, and Sublessee shall pay Sublessor or the Fixed Rental Rate applicable provider, as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not includingcase may be, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the full amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser such costs and expenses within five (5) days after receipt of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCinvoices., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Sublease (Greenhill & Co Inc)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder for Escalation Rent. (a) Commencing thirty (30) days following the period commencing on Sublease Commencement Date, if the Term Sublease Commencement Date through and includingshall occur on or before December 26, 1996, or forty-five (45) days following the day prior to Sublease Commencement Date if the Sublease Commencement Date shall occur after December 26, 1996, (the "Sublease Rent Commencement Date. For "), Sublessee shall pay Sublessor for the period beginning Demised Premises fixed rent in the amount of $250,780 per annum in equal monthly installments due on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full each calendar month immediately following during the Term (the "Sublease Fixed Rent") . Provided that Sublessee is not in default under this Sublease, the Sublease Fixed Rent payable for the period from the Sublease Commencement Date to the Sublease Rent Commencement Date if shall be abated. Nothing in this paragraph shall affect the amounts payable by Sublessee pursuant to Article 6 of this Sublease. All installments of the Sublease Fixed Rent Commencement Date is (and any additional rent payable by Sublessee to Sublessor hereunder) shall be paid by check, drawn on a member bank of the New York Clearinghouse Association, to the order of Sublessor and shall be delivered or mailed to Sublessor at its address first above set forth, or at such other address as Sublessor may from time to time in writing designate. If the date on which Sublessee's obligation to pay the Sublease Fixed Rent or additional rent shall commence on a date other than the first day of a calendar month), the Fixed Rent month or shall be based upon end on a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be date other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first last day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INC., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTScalendar

Appears in 1 contract

Samples: Sublease (Sapient Corp)

Fixed Rent. No Fixed Rent Xxxxxx agrees to pay to Landlord, or Additional Rent as directed by Landlord at such place as Landlord shall be due or payable hereunder from time to time designate by notice, (1) commencing as of the New 21st Floor Commencement Date with respect to the New 21st Floor Premises, for the period New 21st Floor Premises, and (2) commencing on as of the Term Commencement Date through and including, for the day prior to the Rent Commencement Date. For the period beginning on the Rent Commencement Date through and including the last day -24- balance of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date Premises, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1/12) of the Annual Fixed Rent specified in Section 1.2 hereof and (2) on the first full day of each and every calendar month immediately following during each Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the applicable Extended Term. Until notice of some other designation is given, Annual Fixed Rent and all other charges for which provision is herein made shall be paid by remittance to or to the order of BOSTON PROPERTIES LIMITED PARTNERSHIP, Agents at P.O. Box 3557, Boston, Massachusetts 02241-3557, and all remittances received by BOSTON PROPERTIES LIMITED PARTNERSHIP, as Agents as aforesaid, or by any subsequently designated recipient, shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Commencement Date if in respect of the Rent Commencement Date is New 21st Floor Premises shall be other than the first day of a calendar month), the first payment of Annual Fixed Rent which Tenant shall make to Landlord with respect to the New 21st Floor Premises shall be based upon a rate payment equal to a proportionate part of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal such monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Annual Fixed Rent for this period is subject to being confirmed and further adjusted the partial month from the Commencement Date in accordance with Section 1.4 hereof if the square footage respect of the New 21st Floor Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full succeeding calendar month immediately following the month. Additional Rent Commencement Date (the “First Adjustment Date”) and thereafter payable by Tenant on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Terma monthly basis, the Fixed Rental Rate andas elsewhere provided in this Lease, correspondingly, the Fixed Rent, payable under this Lease by Sublessee likewise shall be adjusted by an amount (eachprorated, an “Adjustment”) equal to and the Fixed Rental Rate payable for first payment on account thereof shall be determined in similar fashion and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made shall commence on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent applicable Commencement Date and the other provisions of this Lease calling for monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process payments shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied read as incorporating this undertaking by the Fixed Rental Rate payable during such 12 calendar month periodTenant. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of The Annual Fixed Rent and Additional Rent under all other charges for which provision is made in this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there Lease shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoingpaid by Tenant to Landlord without setoff, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index deduction or abatement, except as otherwise expressly hereinafter set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCforth., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Havas

Fixed Rent. No Fixed Rent If there is any increase in Taxes for any Tax Year, whether during or Additional Rent after such Tax Year, or if there is any decrease in the Taxes for any Tax Year during such Tax Year, Landlord may, and in the case of a decrease in Taxes Landlord shall, furnish a revised Landlord's Tax Statement for any Tax Year affected, and Tenant's Tax Payment for such Tax Year shall be due adjusted and, (a) within 15 days after Tenant's receipt of such revised Landlord's Tax Statement, Tenant shall (with respect to any increase in Taxes for such Tax Year) pay the appropriate increase in Tenant's Tax Payment to Landlord, or (b) (with respect to any decrease in Taxes for such Tax Year) Landlord shall credit such decrease in Tenant's Tax Payment against the next installment of Escalation Rent payable hereunder for the period commencing on the Term Commencement Date through and includingby Tenant, the day prior to the Rent Commencement Date. For the period beginning on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date or if the overpaid amount exceeds the amount of all remaining Escalation Rent Commencement Date is other than the first day of a calendar month), the Fixed Rent shall be based upon a rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee for the balance of the Term, or if such overpayment shall be adjusted by an determined after the Expiration Date, Landlord shall pay the amount of such overpayment to Tenant within 30 days after demand. If, during the Term, Taxes are required to be paid (each, an “Adjustment”) equal either to the Fixed Rental Rate payable for and with respect appropriate taxing authorities or as tax escrow payments to the immediately preceding twelve (12) calendar month period multiplied by Lessor or the percentage change Mortgagee), in the Consumer Price Index (full or in semi-annual or quarterly or other installments on any other date or dates than as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index presently required, then Tenant's Tax Payments shall be between the monthly Consumer Price Index last published immediately correspondingly accelerated or revised so that Tenant's Tax Payments are due at least thirty (30) days prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior date payments are due to the First Adjustment Date) taxing authorities, the Lessor or the Mortgagee. Landlord shall notify Tenant of same in writing of such acceleration or revision. The benefit of any discount for any early payment or prepayment of Taxes shall accrue solely to the benefit of Landlord and this process Taxes shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of computed without subtracting such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCdiscount., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Lease (Ampex Corp /De/)

Fixed Rent. No Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing Tenant agrees to pay to Landlord, on the Term Commencement Date through and including, the day prior to the Rent Commencement Date. For the period beginning , and thereafter monthly, in advance, on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of each and every calendar month during the initial Lease Term, a sum equal to one-twelfth (1/12) of the Annual Fixed Rent specified in Section 1.1 hereof and on the first full day of each and every calendar month immediately following during each Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent Commencement Date as determined in Section 3.2 for the applicable Extended Term. Until notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Boston Properties Limited Partnership, as agent of Landlord, either (i) by ACH transfer to Bank of America in Dallas, Texas, Bank Routing Number 111 000 012 or (ii) by mail to X.X. Xxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000-0000, and in the case of (i) referencing Account Number 3756454460, Account Name of Boston Properties Limited Partnership, Tenant’s name and the Office Tower address. All remittances received by BOSTON PROPERTIES LIMITED PARTNERSHIP, as agent as aforesaid, or by any subsequently designated recipient, shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date is shall be other than the first day of a calendar month), the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be based upon a rate payment equal to a proportionate part of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal such monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Annual Fixed Rent for this period is subject the partial month from the Rent Commencement Date to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full succeeding calendar month immediately following the month. Additional Rent Commencement Date (the “First Adjustment Date”) and thereafter payable by Tenant on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Terma monthly basis, the Fixed Rental Rate andas elsewhere provided in this Lease, correspondingly, the Fixed Rent, payable under this Lease by Sublessee likewise shall be adjusted by an amount (eachprorated, an “Adjustment”) equal to and the Fixed Rental Rate payable for first payment on account thereof shall be determined in similar fashion and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made shall commence on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding the monthly Consumer Price Index last published immediately prior foregoing, the first payment on account of Additional Rent in respect of Landlord’s Tax Expenses Allocable to the First Adjustment Date) Premises, and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement Additional Rent in respect of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment Operating Expenses Allocable to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate Premises shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning commence on the Rent Commencement Date and thereafter on the first business day other provisions of each calendar month during the Base Term at the address from time this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. The Annual Fixed Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to time designated by Sublessor for Landlord without setoff, deduction or abatement, except as otherwise expressly set forth in this Lease. Notwithstanding that the payment of Annual Fixed Rent, Additional Rent in respect of Landlord’s Tax Expenses Allocable to the Premises, and Additional Rent under this Lease. In no event shall in respect of Operating Expenses Allocable to the Fixed Rental Rate as adjusted Premises payable by Tenant to Landlord with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from Premises shall not commence until the Rent Commencement Date throughDate, but not including, the First Adjustment Date whether or not there Tenant shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoingsubject to, in no event and shall the amount comply with, all other provisions of any annual Adjustment this Lease with respect to the Fixed Rental Rate exceed Premises as and at the lesser of (i) the Adjustment based on the applicable percentage change times provided in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCthis Lease., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement (Rapid7, Inc.)

Fixed Rent. No Fixed Rent or Additional Rent Subject to this Section 6.8.3, all fixed rent and regularly scheduled items of additional rent under the Third Party Leases, and other tenant charges if, as and when received shall be due prorated as of the Cut-off Time. Seller shall provide a credit in an amount equal to all prepaid rentals for periods after the Closing Date and all refundable cash security deposits (to the extent the foregoing were made by tenants under the Third Party Leases and are not applied or payable hereunder for the period commencing on the Term Commencement Date through and including, the day forfeited prior to the Rent Commencement Closing Date) to Buyer on the Closing Date. For a period of six (6) months following the period beginning Closing, provided that Seller delivers to Buyer all books, records and other documents related to such delinquencies, Buyer shall include such delinquencies in its normal billing and shall use commercially reasonable efforts to pursue the collection thereof in good faith after the Closing Date (but Buyer shall not be required to litigate or declare a default under any of the Third Party Leases). Seller shall deliver to Buyer at Closing any tenant security deposits which are held in the form of letters of credit. Rents and other tenant charges which are delinquent as of the Closing Date shall not be prorated on the Rent Commencement Date through and including Closing Date. To the last day of extent Buyer receives rents or other tenant charges on or after the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of the first full calendar month immediately following the Rent Commencement Date if the Rent Commencement Date is other than the first day of a calendar month)Closing Date, the Fixed Rent such payments shall be based upon a rate applied (i) first, to Buyer’s actual out-of-pocket third-party costs of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and collection incurred with respect to such tenant to the immediately preceding extent any such rent was delinquent and was collected outside the ordinary course; (ii) second, to rents due from such tenant for the month in which such payment is received by Buyer, including, as applicable, the month of Closing; (iii) third, to rents attributable to any period after the Closing which are due or past due on the date of receipt in inverse order of maturity (such that amounts shall be applied first against rents which have been outstanding for the shortest period of time); and (iv) finally, to rents and other charges delinquent as of the Closing (and Buyer promptly shall remit such amounts to Seller). Xxxxx agrees that it shall use commercially reasonable efforts to collect any such delinquent rents for a period of twelve (12) calendar month period multiplied by months following the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case Closing Date; provided, however, that Buyer shall have no obligation to institute legal proceedings, including an action for unlawful detainer, against a tenant owing delinquent rents. Buyer may not waive any delinquent rents or other tenant charges nor modify any of the Adjustment leases as to reduce or otherwise affect amounts owed thereunder for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining Seller’s written consent, which consent may be made on the First Adjustment Date the comparison of the Consumer Price Index given or withheld in Seller’s sole and absolute discretion. Seller shall be between the monthly Consumer Price Index last published immediately prior have no right to the Rent Commencement Date take any action against any tenant (other than Buyer) to collect any past due rents from and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of Closing, and Seller hereby waives any rights it may have to take any action against any tenant to collect such past due rents from and after the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted Closing Date; provided, however, with respect to delinquent rents and any 12 calendar month period during other amounts or other rights of any kind respecting tenants who are no longer tenants of the Base Term be less than Real Property on the Fixed Rental Rate payable Closing Date, Seller shall retain all rights relating thereto. Xxxxxx agrees to promptly deliver to Buyer any rents received by Seller for the period from and after the Rent Commencement Date throughClosing Date, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCwithout offset., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (PACIFIC GAS & ELECTRIC Co)

Fixed Rent. No Fixed Rent Tenant agrees to pay to Landlord, or Additional Rent as directed by Landlord, at Landlord's Present Mailing Address specified in Section 1.2 hereof, or at such other place as Landlord shall be due or payable hereunder for the period commencing from time to time designate by notice, (1) on the Term Commencement Date through and including, the day prior to the Rent applicable Commencement Date. For the period beginning , and thereafter monthly, in advance, on the Rent Commencement Date through and including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1/12) of the Annual Fixed Rent specified in Section 1.2 hereof and (2) on the first full day of each and every calendar month immediately following during each extension option period (if exercised), a sum equal to one-twelfth of the applicable Annual Fixed Rent as determined in Section 3.2 for the extension option period. Until notice of some other designation is given, Annual Fixed Rent and all other charges for which provision is herein made shall be paid by remittance to or to the order of BOSTON PROPERTIES, INC., Agents at 0 Xxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, and all remittances received by BOSTON PROPERTIES, INC., as Agents as aforesaid, or by any subsequently designated recipient, shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the applicable Commencement Date if the Rent Commencement Date is shall be other than the first day of a calendar month), the Fixed Rent first payment which Tenant shall make to Landlord shall be based upon a rate payment equal to a proportionate part of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal such monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Annual Fixed Rent for this period is subject the partial month from the applicable Commencement Date to being confirmed and further adjusted in accordance with Section 1.4 hereof if the square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full succeeding calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter month. Other charges payable by Tenant on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Terma monthly basis, the Fixed Rental Rate andas elsewhere provided in this Lease, correspondingly, the Fixed Rent, payable under this Lease by Sublessee likewise shall be adjusted by an amount (eachprorated, an “Adjustment”) equal to and the Fixed Rental Rate payable for first payment on account thereof shall be determined in similar fashion and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made shall commence on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent applicable Commencement Date and the other provisions of this Lease calling for monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process payments shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied read as incorporating this undertaking by the Fixed Rental Rate payable during such 12 calendar month periodTenant. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of The Annual Fixed Rent and Additional Rent under all other charges for which provision is made in this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there Lease shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoingpaid by Tenant to Landlord without setoff, in no event shall the amount of any annual Adjustment to the Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above deduction or (ii) 3% of the Fixed Rental Rate for the first lease year (i.e. $0.3675 assuming a Fixed Rental Rate of $12.25 per square foot). [End of Reference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, a Delaware limited partnership, AS SUBLESSOR, AND TISSUELINK MEDICAL, INCabatement., a Delaware corporation, AS SUBLESSEE, DATED AS OF February 27, 2008 TABLE OF CONTENTS

Appears in 1 contract

Samples: Streamline Inc

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