Common use of Minimum Annual Rental Clause in Contracts

Minimum Annual Rental. Tenant, in consideration of said demise, does hereby covenant and agree with Landlord to pay to Landlord, without deduction or set-off of any kind, the sum of [SEE ADDENDA] DOLLARS ($SEE ADDENDA) per annum as minimum annual rental (the "Minimum Annual Rental") for said leased premises. The Minimum Annual Rental shall be payable in twelve (12) equal monthly installments, in advance, without notice or invoice from Landlord, upon the first day of each and every month during the term hereof, commencing upon the date on which rental is determined to commence under the provisions of ARTICLE 3 hereof and ending upon the termination date of this lease. In the event such rental shall be determined under the provisions of ARTICLE 3 hereof to commence on a day other than the first day of a month, then the Minimum Annual Rental for the period from such commencement date until the first day of the month next following shall be prorated accordingly. All past due rentals, additional rentals, and/or other sums due to Landlord under the terms of this lease shall bear interest at the rate of 18%, from the due date thereof until paid by Tenant. All ROY X. XXXXX xxx W. M. XXXXX d/b/a PADRE STAPLES MALL 5488 PADRE STAPLES MALL CORPUS CHRISTI, TEXAS 78411 or to such other payee or address as Landlord may designate, in writing, to Tenant. Notwithstanding anything to the contrary contained in this lease, in order to cover the extra expense involved in handling delinquent payments, Tenant, at Landlord's sole option, shall pay a "late charge" of $200.00 when any installment of rent (basic percentage or other, as may be considered additional rental under this lease) is received at the address listed above more than five (5) days after. It is hereby understood that this amount is charged as additional rent, and not as penalty or interest, for the purpose of defraying Landlord's expenses incident to the processing of such overdue payments.

Appears in 1 contract

Samples: Casa Ole Restaurants Inc

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Minimum Annual Rental. Tenant, in consideration of said demise, does hereby covenant The Lessee shall yield and agree with Landlord to pay to Landlord, without deduction or set-off of any kind, for the sum of [SEE ADDENDA] DOLLARS ($SEE ADDENDA) per annum as leased premises a minimum annual rental (hereinafter referred to as the "Minimum Annual Rentalminimum annual rental") which shall be at the rate specified in Item 4 of the Second Schedule hereto subject to variation and review as hereinafter provided and the minimum annual rental for said leased premises. The Minimum Annual Rental the time being reserved shall be payable and paid by equal successive monthly instalments in twelve (12) equal monthly installments, in advance, without notice or invoice from Landlord, upon advance payable on the first 1/st/ day of each and every month during the term hereof, commencing upon the date on which rental is determined to commence under the provisions of ARTICLE 3 hereof and ending upon the termination date of this lease. In the event such rental shall be determined under the provisions of ARTICLE 3 hereof to commence on a day other than with the first day of a month, then such instalments (adjusted for any period between the Minimum Annual Rental for the period from such commencement date until the first 1st day of the month next following in which the term commences and such commencing date) to be paid on or before the date of commencement of the term and such minimum annual rental shall be prorated accordinglypaid to the Lessor or office of the Managing Agents or as the Lessor may from time to time nominate in writing. All past due rentals, additional rentals, and/or other sums due Clause 2.03 - Rent Review On the date or dates specified in Item 5 of the Second Schedule hereto the annual rental for the time being reserved hereunder shall be reviewed in relation to Landlord under the terms amount of the annual rental to be paid by the Lessee until the next date fixed for review hereunder and from any such date fixed for review the annual rental to be paid by the lessee shall be the annual rental mutually agreed in writing between the Lessor and the Lessee not later than 2 months prior to the relevant date fixed for review and failing agreement shall be an amount equal to the annual rental payable by the Lessee immediately prior to the relevant date fixed for review plus an increment equal to the same percentage of that sum as the percentage increase in the Consumer Price Index for the number of quarters which end during the period from the date of commencement of the term or the preceding date fixed for review whichever immediately precedes the relevant date fixed for review to that date and ending with the quarter immediately preceding the relevant date fixed for review. For the purposes of this lease provision the expression "Consumer price Index" shall bear interest mean the consumer price index complied by the Australian Bureau of Statistics for the Perth (Capital City) area (all groups) or any substitute therefor accepted by the Government of the Commonwealth of Australia from time to time PROVIDED THAT if the index number base adopted by the Commonwealth Statistician for the index number is at any time updated by the Commonwealth Statistician the index number shall be appropriately adjusted as from the same time. If at any time either or both the Consumer Price Index and the index number is discontinued or suspended or in the opinion of the Lessor is substantially altered there shall be substituted therefor such alternative method of computing changes in the cost of living as is mutually agreed in writing between the lessor and the lessee during the period of 14 days after notice in writing given by the Lessor to the Lessee or failing such agreement as in the opinion of an expert appointed by the President for the time being of the Chartered Institute of Accountants of Australia (Western Australia Division) at the rate request of 18%, from the due date thereof until paid by Tenant. All ROY X. XXXXX xxx W. M. XXXXX d/b/a PADRE STAPLES MALL 5488 PADRE STAPLES MALL CORPUS CHRISTI, TEXAS 78411 Lessor or to such other payee the Lessee or address as Landlord may designate, both of them most closely reflects changes in writing, to Tenant. Notwithstanding anything to the contrary contained in this lease, in order to cover the extra expense involved in handling delinquent payments, Tenant, at Landlord's sole option, shall pay a "late charge" cost of $200.00 when any installment of rent (basic percentage or other, as may be considered additional rental under this lease) is received at the address listed above more than five (5) days after. It is hereby understood that this amount is charged as additional rent, and not as penalty or interest, living for the purpose of defraying Landlord's expenses incident to Perth Metropolitan Area during the processing Rent Period immediately preceding the relevant date fixed for review. The costs of such overdue paymentsexpert shall be borne by the Lessor and the Lessee in equal shares. PROVIDED ALWAYS AND IT IS HEREBY AGREED THAT the Lessor shall not by reason of its failure to give the Rental Notice or make the calculation required forfeit its right to have the annual rental reviewed subsequent the date fixed for review.

Appears in 1 contract

Samples: Lease (Atlas Pacific LTD)

Minimum Annual Rental. Tenant, in consideration of said demise, does hereby covenant and agree with Landlord Tenant agrees to pay to Landlord, without deduction or set-off as rental for the use and occupancy of any kind, the sum of [SEE ADDENDA] DOLLARS ($SEE ADDENDA) per annum as minimum annual rental (Premises the "Minimum Annual Rental") Rental specified in Article 1; although the Minimum Annual Rental is based on the Floor Area of the Building, it shall be the total Minimum Annual Rental due for said leased premisesboth the Building and Tenant's Parcel. The Minimum Annual Rental shall be payable calculated by multiplying the Minimum Annual Rental per square foot listed in Sections 1.4 and 3.4(c) hereof times the square feet of the Floor Area determined as provided in paragraph 9 of Exhibit C hereto. Tenant shall pay Minimum Annual Rental in twelve (12) equal monthly installmentsinstallments during each year, in advance, without notice or invoice from Landlord, upon on the first day of each and every month during calendar month, without setoff, deduction, prior notice or demand, commencing on a date ("Rent Start Date") which shall be the term earlier of (a) ninety (90) days after Landlord delivers to Tenant the Notice of Substantial Completion described in Section 3.2 or (b) the date Tenant opens for business, unless a different date is specified in Article 1 or Exhibit F. Notwithstanding the foregoing, the ninety (90) day period referenced in clause (a) hereof shall be extended one day for each day after Landlord's delivery to Tenant of the Notice of Substantial Completion that the completion of Tenant's Work is delayed as a result of a breach by Landlord of its obligations hereunder, or an event described in Section 26.5 hereof, commencing upon provided, however, that the date on which rental is determined to commence under Rent Start Date shall not be extended as aforesaid until Landlord has received written notice from Tenant describing the provisions of ARTICLE 3 hereof and ending upon the termination date of this leasedelay. In the event Landlord and Tenant have not agreed or settled upon the actual measurement of the Floor Area of the Building as of the Rent Start Date, then until such time as the actual Floor Area has been determined, Tenant shall pay Minimum Annual Rental in the amounts set forth in Section 1.4, and if the Floor Area is determined at such later date to be greater than the Floor Area specified in Section 1.2, Tenant shall pay the additional amount due within thirty (30) days following the date of determination, and if the Floor Area is determined to be less than the Floor Area specified in Section 1.2, Landlord shall credit the amount of such overpayment against Tenant's account hereunder. Should the rental shall be determined under the provisions of ARTICLE 3 hereof to period commence on a day other than the first day of a calendar month, then the Minimum Annual Rental rental for such first fractional month shall be computed on a daily basis for the period from the date of commencement to the end of such commencement date until the first day calendar month and at an amount equal to one three-hundred sixtieth (1/360th) of the month next following said annual rental for each such day, and thereafter shall be prorated accordingly. All past due rentals, additional rentals, and/or other sums due to Landlord under the terms of this lease shall bear interest at the rate of 18%, from the due date thereof until computed and paid by Tenant. All ROY X. XXXXX xxx W. M. XXXXX d/b/a PADRE STAPLES MALL 5488 PADRE STAPLES MALL CORPUS CHRISTI, TEXAS 78411 or to such other payee or address as Landlord may designate, in writing, to Tenant. Notwithstanding anything to the contrary contained in this lease, in order to cover the extra expense involved in handling delinquent payments, Tenant, at Landlord's sole option, shall pay a "late charge" of $200.00 when any installment of rent (basic percentage or other, as may be considered additional rental under this lease) is received at the address listed above more than five (5) days after. It is hereby understood that this amount is charged as additional rent, and not as penalty or interest, for the purpose of defraying Landlord's expenses incident to the processing of such overdue paymentsaforesaid.

Appears in 1 contract

Samples: Lease Agreement (Cinemastar Luxury Theaters Inc)

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Minimum Annual Rental. Tenant, in consideration of said demise, does hereby covenant and agree with Landlord to pay to Landlord, Landlord without deduction or set-off of any kind, the sum of [SEE ADDENDA] DOLLARS ($SEE ADDENDAFIELD(MAR) per annum from the rental commencement date set forth in ARTICLE 3, through the first FIELD(#MO-1ST) months thereafter; FIELD(MAR2) per annum from the FIELD(COMMENC2) month after the rental commencement date through the FIELD(#MO-2ND) month thereafter, and FIELD(MAR3) per annum from the FIELD(COMMENC3) month after the rental commencement date through the expiration of this Lease term as minimum annual rental (the "Minimum Annual Rental") for said leased premisesLeased Premises. The Minimum Annual Rental shall be payable in twelve (12) equal monthly installments, in advance, without notice or invoice from Landlord, upon the first day of each and every month during the term hereof, commencing upon the date on which rental is determined to commence under the provisions of ARTICLE 3 hereof and ending upon the termination date of this leaseLease. In the event such rental shall be determined under the provisions of ARTICLE 3 hereof to commence on a day other than the first day of a month, then the Minimum Annual Rental for the period from such commencement date until the first day of the month next following shall be prorated accordingly. All past due rentals, additional rentals, and/or other sums due to Landlord under the terms of this lease Lease shall bear interest at the rate of 18%maximum legal rate, from the due the date thereof until paid by Tenant. All ROY X. XXXXX xxx W. M. XXXXX d/b/a PADRE STAPLES MALL 5488 PADRE STAPLES MALL CORPUS CHRISTIrentals in this Lease provided (those hereinafter stipulated as well as Minimum Annual Rental) shall be paid or mailed to: FIELD(PAY-ADDCO) X.X. Xxx XXXXX(XXXXX) Xxxxxxx, TEXAS 78411 XX 00000 or to such other payee or address as Landlord may designate, in writing, to Tenant. Notwithstanding anything to the contrary contained in this leaseLease, in order to cover the extra expense involved in handling delinquent payments, Tenant, at Landlord's sole option, shall pay a "late charge" of $200.00 when any installment of rent (basic minimum, percentage or other, as may be considered additional rental under this leaseLease) is received at the address listed above more than five (5) days afterafter the due date thereof. It is hereby understood that this amount is charged as additional rent, and not as penalty or interest, for the purpose of defraying Landlord's expenses incident to the processing of such overdue paymentspayment.

Appears in 1 contract

Samples: Management and Leasing Agreement (Gotham Golf Corp)

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