RENT AND ADDITIONAL RENT. Beginning on the Commencement Date, Sublessee shall pay to Sublessor rent at an annual rate of $911,392.00 ("Base Rent"), in equal monthly installments of $75,949.33 (the "Monthly Base Rent") on the first day of each calendar month during the Sublease Term in lawful money of the United States of America, without demand, deduction, offset or abatement. If the Sublease Term includes a partial calendar month at its beginning or end, the monthly installment of Base Rent for such partial month shall be prorated at the rate of 1/30 of the monthly installment for each day in such partial month within the Sublease Term and shall be payable in advance on the first day of such partial month occurring within the Sublease Term. The Base Rent shall be paid to Sublessor at its offices located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, or such other place as Sublessor may designate in writing. Sublessee shall not be required to pay Sublessor the additional rent payable under the Lease for property taxes, insurance, or operating expenses, but Sublessee shall maintain at its expense worker's compensation, liability and property damage, and such other insurance as required under the Lease. Such insurance shall be adequate in all respects to comply with the provisions of the Lease and shall comply with the provisions of Section 12 below. Sublessee shall also be required to provide or contract for its own cleaning services, and Sublessor shall not be required to perform any cleaning services within the Sublet Premises. In addition to the Base Rent, Sublessee shall also pay all charges for all utilities serving the Sublet Premises. Such amounts shall be paid directly to the utility company providing the particular utility service, or, if such service is provided by and billed to Landlord or Sublessor, Sublessee shall pay to each such party, as applicable, the charges for utilities attributable to the Sublet Premises as additional rent hereunder. In addition to Base Rent, Sublessee shall also pay Sublessor, as additional rent hereunder, any charges imposed by Landlord for Sublessee's failure to comply with the provisions of the Lease. Sublessee shall also pay to Sublessor, as additional rent hereunder, all charges for any additional services requested by Sublessee and provided to Sublessee for the portion of the Sublet Premises during the Sublease Term, including, without limitation, charges and fees for alterations and after-hours heating and air-conditioning services. Sublessee shall be responsible for paying directly to telephone companies providing telephone services to the Sublet Premises all telephone charges in respect of the Sublet Premises. All amounts payable by Sublessee to Sublessor hereunder shall be paid within 10 days of Sublessor's invoice for the same. Sublessee's obligations to pay any and all amounts due under this Sublease shall survive the termination of this Sublease.
Appears in 2 contracts
Sources: Lease (Digitalnet Holdings Inc), Lease (Digitalnet Holdings Inc)
RENT AND ADDITIONAL RENT. Beginning on the Commencement DateSECTION 4.1 Except as set forth herein, Sublessee shall Tenant will pay to Sublessor Base Rent and all additional rent at an annual rate of $911,392.00 ("without any setoff, deduction, recoupment or demand whatsoever. Base Rent")Rent will be paid in monthly installments, in equal monthly installments of $75,949.33 (the "Monthly Base Rent") advance, on the first day of each calendar month during the Sublease Term in lawful money the amount set forth in the Agreement of Lease.
SECTION 4.2 Notwithstanding the foregoing, if the Commencement Date is not the first day of a calendar month, Base Rent and any additional rent for the Partial Month will be prorated on a daily basis using the annual Base Rent divided by three hundred sixty-five (365) days and will be paid on the Commencement Date (and the total Base Rent accruing for the first Lease Year of the United States Term will be the annual Base Rent set forth in the Agreement of AmericaLease plus the prorated rental for the Partial Month). Base Rent for any Partial Month will be calculated by dividing the then annual applicable Base Rent by 365 days.
SECTION 4.3 Tenant will pay to Landlord, without demandas additional rent, deductionTenant's Pro Rata Share of Operating Expenses, offset all as more particularly defined and set forth in Exhibit C. Tenant will pay all charges for electrical power service to the Demised Premises as provided in Exhibit G.
SECTION 4.4 Any and all charges and costs which Tenant is required to pay pursuant to this Lease, together with all interest and penalties that may accrue thereon in the event of Tenant's failure to pay such amounts, and all damages, costs and expenses which the Landlord may incur by reason of any default of Tenant 8 or abatementfailure on Tenant's part to comply with the terms of this Lease, will be deemed to be Additional Rent. If In the Sublease Term includes a partial calendar month at its beginning or endevent of nonpayment by Tenant of any Additional Rent, Landlord will have all of the monthly rights and remedies with respect thereto which Landlord has for the nonpayment of Base Rent.
SECTION 4.5 In addition to any other remedies provided for herein, for each installment of Base Rent or payment of Additional Rent that is more than seven (7) calendar days overdue, then Landlord may charge a one-time "late charge" of four (4%) percent of the amount(s) so overdue. Tenant acknowledges that such late charge is fair and reasonable and the late charge assessed pursuant to this Lease is not interest but constitutes an agreement between Landlord and Tenant as to the estimated compensation for costs and administrative expenses incurred by Landlord due to such partial month late payment(s) by Tenant, the actual amount of which would be extremely difficult to calculate. In addition, Landlord may charge Tenant the lessor of eighteen (18%) percent per year or the maximum percentage allowed by law per year as interest on such late payment(s) from the due date of any amount(s) so overdue. The late charge and interest will be in addition to and not in lieu of any other remedy Landlord may have under the circumstances and in addition to any reasonable fees and charges of any agents or attorneys Landlord may employ in the event of a default hereunder, whether authorized herein or by law. Any such late charge and/or interest, it not previously paid, shall be prorated at the rate of 1/30 added to and become part of the monthly installment for each day in such partial month within the Sublease Term next succeeding payment of Base Rent to be made hereunder and shall be payable in advance on the first day of such partial month occurring within the Sublease Term. The Base Rent shall be paid deemed to Sublessor at its offices located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, or such other place as Sublessor may designate in writing. Sublessee shall not be required to pay Sublessor the additional rent payable under the Lease for property taxes, insurance, or operating expenses, but Sublessee shall maintain at its expense worker's compensation, liability and property damage, and such other insurance as required under the Lease. Such insurance shall be adequate in all respects to comply with the provisions of the Lease and shall comply with the provisions of Section 12 below. Sublessee shall also be required to provide or contract for its own cleaning services, and Sublessor shall not be required to perform any cleaning services within the Sublet Premises. In addition to the Base constitute Additional Rent, Sublessee shall also pay all charges for all utilities serving the Sublet Premises. Such amounts shall be paid directly to the utility company providing the particular utility service, or, if such service is provided by and billed to Landlord or Sublessor, Sublessee shall pay to each such party, as applicable, the charges for utilities attributable to the Sublet Premises as additional rent hereunder. In addition to Base Rent, Sublessee shall also pay Sublessor, as additional rent hereunder, any charges imposed by Landlord for Sublessee's failure to comply with the provisions of the Lease. Sublessee shall also pay to Sublessor, as additional rent hereunder, all charges for any additional services requested by Sublessee and provided to Sublessee for the portion of the Sublet Premises during the Sublease Term, including, without limitation, charges and fees for alterations and after-hours heating and air-conditioning services. Sublessee shall be responsible for paying directly to telephone companies providing telephone services to the Sublet Premises all telephone charges in respect of the Sublet Premises. All amounts payable by Sublessee to Sublessor hereunder shall be paid within 10 days of Sublessor's invoice for the same. Sublessee's obligations to pay any and all amounts due under this Sublease shall survive the termination of this Sublease.
Appears in 1 contract
RENT AND ADDITIONAL RENT. Beginning on the Commencement DateSECTION 4.1 Tenant will pay Base Rent and all additional rent without any setoff, Sublessee shall pay to Sublessor rent at an annual rate of $911,392.00 ("deduction, recoupment or demand whatsoever. Base Rent")Rent will be paid in monthly installments, in equal monthly installments of $75,949.33 (the "Monthly Base Rent") advance, on the first day of each calendar month during the Sublease Term in lawful money the amount set forth in the Agreement of Lease.
SECTION 4.2 Notwithstanding the foregoing, if the Commencement Date is not the first day of a calendar month, Base Rent and any additional rent for the Partial Month will be prorated on a daily basis using the annual Base Rent divided by three hundred sixty-five (365) days and will be paid on the Commencement Date (and the total Base Rent accruing for the first Lease Year of the United States Term will be the annual Base Rent set forth in the Agreement of AmericaLease plus the prorated rental for the Partial Month).
SECTION 4.3 Tenant will pay to Landlord, without demandas additional rent, deductionTenant's Pro Rata Share of Operating Expenses, offset all as more particularly defined and set forth in Exhibit C. Tenant will pay all charges for electrical power service to the Demised Premises as provided in Exhibit G.
SECTION 4.4 Any and all charges and costs which Tenant is required to pay pursuant to this Lease, together with all interest and penalties that may accrue thereon in the event of Tenant's failure to pay such amounts, and all damages, costs and expenses which the Landlord may incur by reason of any default of Tenant or abatementfailure on Tenant's part to comply with the terms of this Lease, will be deemed to be Additional Rent. If In the Sublease Term includes a partial calendar month at its beginning or endevent of nonpayment by Tenant of any Additional Rent, Landlord will have all of the monthly rights and remedies with respect thereto which Landlord has for the nonpayment of Base Rent.
SECTION 4.5 In addition to any other remedies provided for herein, for each installment of Base Rent or payment of Additional Rent that is more than seven (7) calendar days overdue, then Landlord may charge a one-time "late charge" of four (4%) percent of the amount(s) so overdue. Tenant acknowledges that such late charge is fair and reasonable and the late charge assessed pursuant to this Lease is not interest but constitutes an agreement between Landlord and Tenant as to the estimated compensation for costs and administrative expenses incurred by Landlord due to such partial month late payment(s) by Tenant, the actual amount of which would be extremely difficult to calculate. In addition, Landlord may charge Tenant the lesser of eighteen (18%) percent per year or the maximum percentage allowed by law per year as interest on such late payment(s) from the due date of any amount(s) so overdue. The late charge and interest will be in addition to and not in lieu of any other remedy Landlord may have under the circumstances and in addition to any reasonable fees and charges of any agents or attorneys Landlord may employ in the event of a default hereunder, whether authorized herein or by law. Any such late charge and/or interest, if not previously paid, shall be prorated at the rate of 1/30 added to and become part of the monthly installment for each day in such partial month within the Sublease Term next succeeding payment of Base Rent to be made hereunder and shall be payable in advance on the first day of such partial month occurring within the Sublease Term. The Base Rent shall be paid deemed to Sublessor at its offices located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, or such other place as Sublessor may designate in writing. Sublessee shall not be required to pay Sublessor the additional rent payable under the Lease for property taxes, insurance, or operating expenses, but Sublessee shall maintain at its expense worker's compensation, liability and property damage, and such other insurance as required under the Lease. Such insurance shall be adequate in all respects to comply with the provisions of the Lease and shall comply with the provisions of Section 12 below. Sublessee shall also be required to provide or contract for its own cleaning services, and Sublessor shall not be required to perform any cleaning services within the Sublet Premises. In addition to the Base constitute Additional Rent, Sublessee shall also pay all charges for all utilities serving the Sublet Premises. Such amounts shall be paid directly to the utility company providing the particular utility service, or, if such service is provided by and billed to Landlord or Sublessor, Sublessee shall pay to each such party, as applicable, the charges for utilities attributable to the Sublet Premises as additional rent hereunder. In addition to Base Rent, Sublessee shall also pay Sublessor, as additional rent hereunder, any charges imposed by Landlord for Sublessee's failure to comply with the provisions of the Lease. Sublessee shall also pay to Sublessor, as additional rent hereunder, all charges for any additional services requested by Sublessee and provided to Sublessee for the portion of the Sublet Premises during the Sublease Term, including, without limitation, charges and fees for alterations and after-hours heating and air-conditioning services. Sublessee shall be responsible for paying directly to telephone companies providing telephone services to the Sublet Premises all telephone charges in respect of the Sublet Premises. All amounts payable by Sublessee to Sublessor hereunder shall be paid within 10 days of Sublessor's invoice for the same. Sublessee's obligations to pay any and all amounts due under this Sublease shall survive the termination of this Sublease.
Appears in 1 contract
RENT AND ADDITIONAL RENT. Beginning on the Commencement Date, (A) Sublessee shall pay to Sublessor rent Sublessor, without deduction, setoff, notice or demand, at an annual rate Sublessor’s address for payments as set forth below, the sum of $911,392.00 49,768.00 per month ("based upon $4.00 per rentable square foot of the Premises) (“Base Rent"), in equal monthly installments of $75,949.33 (the "Monthly Base Rent"”) on the first day of each calendar month during the Sublease Term in lawful money of the United States Term. Sublessee shall pay to Sublessor concurrently with the occurrence of America, without demand, deduction, offset or abatement. If the Sublease Term includes a partial calendar Commencement Date the sum of $80,214.00 as prepayment of the first month at its beginning or end, the monthly installment of Base Rent for such partial month and estimated Operating Expenses, Amenities Fees and property management fees due hereunder, which shall be prorated at applied to sums due by Sublessee to Sublessor hereunder for the rate of 1/30 period from the Commencement Date until the last day of the monthly installment for each day in such partial month within during which the Sublease Term and Commencement Date occurs. Sublessee shall be payable in advance pay any balance owing with respect to first full month following the Commencement Date, remaining owing after the application of the Rent prepayment referred to above, on the first day of such partial month occurring within the Sublease Termmonth. The Any overpayment of Rent shall be credited to sums hereinafter due from Sublessee to Sublessor. Base Rent shall be paid to Sublessor at its offices located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, or such other place escalate as Sublessor may designate provided in writing. Sublessee shall not be required to pay Sublessor the additional rent payable under the Lease for property taxes, insurance, or operating expenses, but Sublessee shall maintain at its expense worker's compensation, liability and property damage, and such other insurance Master Lease.
(B) Commencing as required under the Lease. Such insurance shall be adequate in all respects to comply with the provisions of the Lease Commencement Date and shall comply with continuing thereafter throughout the provisions Term of Section 12 below. Sublessee shall also be required to provide or contract for its own cleaning services, and Sublessor shall not be required to perform any cleaning services within the Sublet Premises. In addition to the Base Rent, Sublessee shall also pay all charges for all utilities serving the Sublet Premises. Such amounts shall be paid directly to the utility company providing the particular utility service, or, if such service is provided by and billed to Landlord or Sublessorthis Sublease, Sublessee shall pay to each such partyas “Operating Expenses” its Pro Rata Share of all Operating Expenses (which includes utilities used within the Premises), Amenities Fees and Taxes, as applicable, defined in Master Lease. Sublessee’s Pro Rata Share is hereby agreed to be 32.83% subject to adjustment in the charges for utilities attributable event of a remeasurement of the Building or Premises pursuant to the Sublet Premises as additional rent hereunder. In addition to Base Rent, Sublessee shall also pay Sublessor, as additional rent hereunder, any charges imposed by Landlord for Sublessee's failure to comply with the provisions of the LeaseMaster Lease (“Pro Rata Share”). Sublessee shall also pay Operating Expenses based on estimates provided by Sublessor (which shall be based upon the estimates provided by Lessor under the Master Lease), at the same time and in the same manner as the payment of Base Rent. Upon Sublessor’s receipt of an Annual Statement (as defined in the Master Lease), Sublessee will be credited with its Pro Rata Share of any overpayment shown in such Annual Statement, or will pay, within fifteen (15) days after demand, its Pro Rata Share of any underpayment as shown in such Annual Statement. Incorporated into Operating Expenses is a property management fee imposed by Lessor under the Master Lease in an amount equal to Sublessor, as additional rent hereunder, all charges for any additional services requested three percent (3%) of the Base Rent. All sums payable by Sublessee and provided to Sublessee for the portion of the Sublet Premises during the Sublease Termhereunder, including, without limitationlimitation Operating Expenses (which includes the property management fee), charges and fees for alterations and after-hours heating and air-conditioning services. Sublessee shall may be responsible for paying directly referred to telephone companies providing telephone services to the Sublet Premises all telephone charges in respect of the Sublet Premises. All amounts payable by Sublessee to Sublessor hereunder shall be paid within 10 days of Sublessor's invoice for the same. Sublessee's obligations to pay any as “Additional Rent” and all amounts due under this Sublease shall survive the termination of this SubleaseAdditional Rent, together with Base Rent may be referred to herein as “Rent.”
Appears in 1 contract
Sources: Sublease (ONCOSEC MEDICAL Inc)
RENT AND ADDITIONAL RENT. Beginning For any portion of the initial Term or any renewal Term of this Lease which consists of a partial calendar month, Tenant shall pay the Rent to the Landlord for such partial month, which shall be based on the Commencement Datenumber of days in such month which are within the initial Term of this Lease, Sublessee shall pay to Sublessor rent at an annual rate of $911,392.00 ("Base Rent")the Landlord's address, in equal monthly installments of $75,949.33 (the "Monthly Base Rent") on the first day of each calendar month during the Sublease Term in lawful money of the United States of Americaadvance, without demand, deduction, offset set off or abatement. If the Sublease Term includes a partial calendar month at its beginning or end, the monthly installment of Base Rent for such partial month shall be prorated at the rate of 1/30 of the monthly installment for each day in such partial month within the Sublease Term and shall be payable in advance deduction whatsoever on the first day of such partial month, together with prorated additional changes as herein provided. For each full calendar month occurring within the Sublease Terminitial Term or any renewal Term of this Lease, Tenant shall pay the Rent to the Landlord at the Landlord's address in equal monthly installments, in advance, without demand, set off or deduction whatsoever on the first day of each such month during the Term of the Lease, together with additional changes as herein provided. The Base Landlord and Tenant agree that the Landlord will be entitled to receive from the Tenant a charge of five (5%) of the monthly installment of Rent where the Tenant fails to pay any month's Rent prior to the tenth (10th) business day of the month. Business days under this Lease shall be paid to Sublessor at its offices located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, or such other place as Sublessor may designate in writing. Sublessee considered Monday through Friday and shall not include Saturday and Sunday. The late charge of five percent (5%) will be required due and payable as "additional rent" from Tenant to pay Sublessor the additional rent payable under the Lease for property taxes, insurance, or operating expenses, but Sublessee shall maintain at its expense worker's compensation, liability Landlord and property damage, and such other insurance as required under the Lease. Such insurance shall be adequate in all respects collected by Landlord with the next following month's installment of Rent. If the Tenant fails to comply with any agreement in the provisions Lease, the Landlord may do so on behalf of the Lease Tenant. The Landlord may charge the cost to comply, including reasonable attorney's fees, to the Tenant as "additional rent". The additional rent shall be due and shall comply payable as Rent with the provisions next monthly Rent payment. Non-payment of Section 12 below. Sublessee shall also be required to provide or contract for its own cleaning services, and Sublessor shall not be required to perform any cleaning services within the Sublet Premises. In addition to the Base Rent, Sublessee shall also pay all charges for all utilities serving the Sublet Premises. Such amounts shall be paid directly to the utility company providing the particular utility service, or, if such service is provided by and billed to Landlord or Sublessor, Sublessee shall pay to each such party, as applicable, the charges for utilities attributable to the Sublet Premises as additional rent hereunder. In addition to Base Rent, Sublessee shall also pay Sublessor, give the Landlord the same rights against the Tenant as additional rent hereunder, any charges imposed by Landlord for Sublessee's failure to comply with if the provisions of the Lease. Sublessee shall also pay to Sublessor, as additional rent hereunder, all charges for any additional services requested by Sublessee and provided to Sublessee for the portion of the Sublet Premises during the Sublease Term, including, without limitation, charges and fees for alterations and after-hours heating and air-conditioning services. Sublessee shall be responsible for paying directly to telephone companies providing telephone services to the Sublet Premises all telephone charges in respect of the Sublet Premises. All amounts payable by Sublessee to Sublessor hereunder shall be paid within 10 days of Sublessor's invoice for the same. Sublessee's obligations Tenant failed to pay any and all amounts due under this Sublease shall survive the termination of this SubleaseRent.
Appears in 1 contract
RENT AND ADDITIONAL RENT. Beginning on the Commencement Date, (A) Sublessee shall pay to Sublessor rent Sublessor, without deduction, setoff, notice or demand, at an annual rate Sublessor’s address for payments as set forth below, the sum of $911,392.00 95,738.90 per month ("based upon $2.82 per rentable square foot of the Premises) (“Base Rent"), in equal monthly installments of $75,949.33 (the "Monthly Base Rent"”) on the first day of each calendar month during the Sublease Term in lawful money of the United States Term. Sublessee shall pay to Sublessor concurrently with the occurrence of America, without demand, deduction, offset or abatement. If the Sublease Term includes a partial calendar Commencement Date the sum of $131,419.30 as prepayment of the first month at its beginning or end, the monthly installment of Base Rent for such partial month and estimated Operating Expenses, Amenity Center Fees and property management fees due hereunder.
(B) Commencing as of the Commencement Date and continuing thereafter throughout the Term of this Sublease, Sublessee shall pay as “Operating Expenses” its Pro Rata Share of all Operating Expenses (which includes utilities used within the Premises), Amenities Fees and Taxes, as defined in Master Lease. Sublessee’s Pro Rata Share is hereby agreed to be 100% (“Pro Rata Share”). Sublessee shall pay Operating Expenses based on estimates provided by Sublessor (which shall be prorated based upon the estimates provided by Lessor under the Master Lease), at the rate same time and in the same manner as the payment of 1/30 Base Rent. Upon Sublessor’s receipt of an Annual Statement (as defined in the Master Lease), Sublessee will be credited with its Pro Rata Share of any overpayment shown in such Annual Statement, or will pay, within fifteen (15) days after demand, its Pro Rata Share of any underpayment as shown in such Annual Statement. Incorporated into Operating Expenses is a property management fee imposed by Lessor under the Master Lease in an amount equal to three percent (3%) of the monthly installment for each day in such partial month within Base Rent. All sums payable by Sublessee hereunder, including, without limitation Operating Expenses (which includes the Sublease Term property management fee), may be referred to as “Additional Rent” and shall all Additional Rent, together with Base Rent may be payable in advance referred to herein as “Rent.”
(C) If the Commencement Date occurs other than on the first day of such partial a month, then should Sublessee have previously paid Lessor in full for the subject month occurring within as tenant under the Sublease Term. The Base Master Lease, Sublessee’s obligations under this Sublease, with respect to Rent hereunder, shall be paid prorated so that Sublessee is liable to Sublessor at its offices located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, for Rent only with respect to the portion of such month falling on or such other place as Sublessor may designate in writingafter the Commencement Date. Since Sublessee shall not be required to pay Sublessor the additional rent payable under the Lease for property taxes, insurance, or operating expenses, but Sublessee shall maintain at its expense worker's compensation, liability and property damage, and such other insurance as required under the Lease. Such insurance shall be adequate have paid Lessor in all respects to comply full with the provisions of the Lease and shall comply with the provisions of Section 12 below. Sublessee shall also be required to provide or contract for its own cleaning services, and Sublessor shall not be required to perform any cleaning services within the Sublet Premises. In addition respect to the Base Rententire subject month, as aforesaid, Sublessee shall also pay all charges for all utilities serving be credited hereunder, in the Sublet Premises. Such amounts shall be paid directly pro-rated amount of such payment to the utility company providing the particular utility service, or, if such service is provided by and billed to Landlord or Sublessor, Sublessee shall pay to each such party, as applicable, the charges for utilities Lessor attributable to the Sublet Premises as additional rent hereunder. In addition to Base Rentperiod from and after the Commencement Date, Sublessee shall also pay Sublessor, as additional rent so that the first payment of Rent owing hereunder, any charges imposed by Landlord for Sublessee's failure to comply with the provisions of the Lease. Sublessee shall also pay to Sublessor, as additional rent hereunder, all charges for any additional services requested by Sublessee and provided to Sublessee for shall take place on the portion first day of the Sublet Premises during the Sublease Term, including, without limitation, charges and fees for alterations and after-hours heating and air-conditioning services. Sublessee shall be responsible for paying directly to telephone companies providing telephone services to the Sublet Premises all telephone charges in respect of the Sublet Premises. All amounts payable by Sublessee to Sublessor hereunder shall be paid within 10 days of Sublessor's invoice for the same. Sublessee's obligations to pay any and all amounts due under this Sublease shall survive the termination of this Subleasenext following month.
Appears in 1 contract
RENT AND ADDITIONAL RENT. Beginning on Section 3.1. During the Commencement Datefirst year of the Initial Term, Sublessee Tenant shall pay to Sublessor Landlord, as fixed rent at an annual rate of (the “Fixed Rent” ) for the Demised Premises $911,392.00 ("Base Rent"), 302,750.00 per annum payable in equal monthly installments of $75,949.33 (the "Monthly Base Rent") on the first day of installments, each calendar month during the Sublease Term in lawful money of the United States of America, without demand, deduction, offset or abatement. If the Sublease Term includes a partial calendar month at its beginning or end, the monthly installment of Base Rent for such partial month shall be prorated at the rate of 1/30 of the monthly installment for each day in such partial month within the Sublease Term and shall be payable in advance on the first day of such partial each month occurring within during the Sublease first year of the Initial Term hereof, and without offset or deduction of any kind whatsoever, except as herein specifically set forth. Commencing on the first anniversary of the Commencement Date and on each anniversary of the Commencement Date thereafter during the Initial Term and Renewal Term. The Base , the Fixed Rent shall be paid increased by an amount equal to Sublessor at its offices located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇the product of three percent (3%) multiplied by the Fixed Rent for the immediate preceding twelve month period. During the Term, ▇▇▇▇▇▇▇▇▇Tenant shall pay to Landlord the Fixed Rent payable in equal monthly installments, ▇▇ ▇▇▇▇▇each in advance on the first day of each month during the term hereof, without offset or deduction of any kind whatsoever, except as herein specifically set forth.
Section 3.2. Tenant shall also pay and discharge as additional rent (the “Additional Rent”) all other amounts, liabilities and obligations of whatsoever nature that Tenant assumes or agrees to pay under this Lease. In the event of any failure on the part of Tenant to pay any of the Additional Rent, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of nonpayment of the Fixed Rent.
Section 3.3. Except as provided in Section 3.6, Tenant further agrees to pay, in addition to, but not in lieu of, the Fixed Rent or Additional Rent any and all sales and use tax now or hereafter imposed by any governmental entity upon, applicable to, or measured by or on the Fixed Rent and Additional Rent and any other charge payable to Landlord under this Lease. Tenant shall pay to Landlord, concurrently with each such payment of Fixed Rent and Additional Rent, or such other place as Sublessor may designate in writingcharges hereunder, the amount of sales and use tax attributable to the payment being made to Landlord. Sublessee shall not be If any such tax is required to pay Sublessor be paid to the additional rent payable under governmental taxing authority directly by Landlord, whether during the Lease for property taxes, insurance, or operating expenses, but Sublessee shall maintain at its expense worker's compensation, liability and property damage, and such other insurance as required under the Lease. Such insurance shall be adequate in all respects to comply with the provisions Term of the Lease or subsequent to the termination of this Lease (including any underpayments, if such tax is levied on the amounts paid by Tenant), then Landlord upon demand shall be fully reimbursed by Tenant for such payment.
Section 3.4. All Fixed Rent and Additional Rent payable hereunder shall be made payable to Landlord and sent to Landlord’s address as above set forth, or to such other person or persons or at such other place as may be designated by notice from Landlord or Landlord’s successors, to Tenant, from time to time, and shall comply with be made in United States currency which shall be legal tender for all debts, public and private.
Section 3.5. This Lease shall be deemed and construed to be a “net lease” and Tenant shall pay to Landlord, absolutely net through the provisions Expiration Date, the Fixed Rent and Additional Rent without deduction, abatement, or set-off whatsoever, except for any deduction, set-off, or abatement permitted under this Lease. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of Section 12 below. Sublessee the parties, shall also Landlord be expected or required to provide make any payment of any kind whatsoever or contract be under any other obligation or liability hereunder, except as otherwise provided in this Lease.
Section 3.6. Landlord shall be responsible for its own cleaning services, the payment of “Taxes” (as hereinafter defined) and Sublessor shall not be required to perform any cleaning services within “Insurance Expenses” (as hereinafter defined”) for the Sublet Demised Premises. In addition to the Base Rentmonthly payment of Fixed Rent as set forth above, Sublessee shall also pay all charges for all utilities serving the Sublet Premises. Such amounts shall be paid directly to the utility company providing the particular utility service, or, if such service is provided by and billed to Landlord or Sublessor, Sublessee shall pay to each such party, as applicable, the charges for utilities attributable to the Sublet Premises as additional rent hereunder. In addition to Base Rent, Sublessee shall also pay Sublessor, as additional rent hereunder, any charges imposed by Landlord for Sublessee's failure to comply with the provisions of the Lease. Sublessee shall also pay to Sublessor, as additional rent hereunder, all charges for any additional services requested by Sublessee and provided to Sublessee for the portion of the Sublet Premises during the Sublease Term, including, without limitation, charges and fees for alterations and after-hours heating and air-conditioning services. Sublessee Tenant shall be responsible for paying directly an additional amount to telephone companies providing telephone services to be computed annually based on the Sublet Premises all telephone charges in respect amount of the Sublet Taxes and Insurance Expenses covering the Demised Premises (hereinafter referred to as the “Premium”). The Premium shall be adjusted annually based upon increases in the Taxes and Insurance Expenses covering the Demised Premises. All amounts payable by Sublessee to Sublessor hereunder This Premium shall be construed as Additional Rent and shall be paid within 10 days of Sublessor's invoice for the same. Sublessee's obligations monthly in addition to pay any and all amounts due under this Sublease shall survive the termination of this Subleasemonthly Fixed Rent.
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RENT AND ADDITIONAL RENT. Beginning on (a) Commencing with the Sublease Commencement Date, Sublessee Subtenant shall pay to Sublessor as base rent at an annual rate of $911,392.00 ("Base Sublease Fixed Rent"), ) for the Subleased Premises: One hundred Ninety Three Thousand Nine Hundred Seventy One and 48/100 ($193,971.48) per annum payable in equal monthly installments of Sixteen Thousand One Hundred Sixty Four and 29/100 Dollars ($75,949.33 16,164.29), subject to adjustments as provided in the Principal Lease. (Sublessor covenants that any Subletting Profit (as such term is defined in the "Monthly Base Rent"Principal Lease) on the first day of each calendar month during the Sublease Term in lawful money of the United States of America, without demand, deduction, offset or abatement. If the Sublease Term includes a partial calendar month at its beginning or end, the monthly installment of Base Rent for such partial month shall be prorated at the rate paid to Principal Landlord. The monthly installments of 1/30 of the monthly installment for each day in such partial month within the Sublease Term and base rent shall be payable in advance on the first day of such partial each month occurring within during the Sublease Termterm of this Agreement. The Base Rent first payment, however, in the amount of a full monthly installment, shall be paid payable upon execution hereof and shall be credited to the first rents payable hereunder;
(b) In addition to the base rent provided for in subparagraph (a) of this paragraph 5, Subtenant covenants and agrees to pay to Sublessor on five (5) days notice as additional rent, any and all sums Sublessor is required to pay pursuant to the Principal Lease during or attributable to the term of this Agreement; and
(c) All additional rent payable by Subtenant shall be payable by Subtenant to Sublessor at its offices located such times as Sublessor is required to make such payments to the Principal Landlord.
(d) The rent shall be payable by Subtenant to Sublessor at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇Sublessor's address, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇set forth in the first paragraph of this Agreement, or at such other place address as Sublessor may designate in writing. Sublessee shall not be required writing from time to pay Sublessor the additional rent payable under the Lease for property taxes, insurance, or operating expenses, but Sublessee shall maintain at its expense worker's compensation, liability and property damage, and such other insurance as required under the Lease. Such insurance shall be adequate in all respects to comply with the provisions of the Lease and shall comply with the provisions of Section 12 below. Sublessee shall also be required to provide or contract for its own cleaning services, and Sublessor shall not be required to perform any cleaning services within the Sublet Premises. In addition to the Base Rent, Sublessee shall also pay all charges for all utilities serving the Sublet Premises. Such amounts shall be paid directly to the utility company providing the particular utility service, or, if such service is provided by and billed to Landlord or Sublessor, Sublessee shall pay to each such party, as applicable, the charges for utilities attributable to the Sublet Premises as additional rent hereunder. In addition to Base Rent, Sublessee shall also pay Sublessor, as additional rent hereunder, any charges imposed by Landlord for Sublessee's failure to comply with the provisions of the Lease. Sublessee shall also pay to Sublessor, as additional rent hereunder, all charges for any additional services requested by Sublessee and provided to Sublessee for the portion of the Sublet Premises during the Sublease Term, including, without limitation, charges and fees for alterations and after-hours heating and air-conditioning services. Sublessee shall be responsible for paying directly to telephone companies providing telephone services to the Sublet Premises all telephone charges in respect of the Sublet Premises. All amounts payable by Sublessee to Sublessor hereunder shall be paid within 10 days of Sublessor's invoice for the same. Sublessee's obligations to pay any and all amounts due under this Sublease shall survive the termination of this Subleasetime.
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RENT AND ADDITIONAL RENT. Beginning on the Commencement Date, Sublessee (a) Tenant shall pay to Sublessor rent at an one-twelfth (1/12) of the annual rate of $911,392.00 ("Base Rent"), in equal monthly installments of $75,949.33 (the "Monthly Base Rent") advance, on the first day of each calendar month during the Sublease Term in lawful money Term. For any partial month at the beginning or end of the United States Term, Tenant shall pay a proportional share of America, without demand, deduction, offset or abatement. If the Sublease Term includes amount that would be due for a full month and with respect to a partial calendar month at its the beginning of the Term, Tenant shall pay such proportional share on the Commencement Date. In addition to the Rent, Tenant shall pay all additional rent and rental adjustments provided herein at the times set forth herein, or endif no time for payment is specified, the monthly installment of Base Rent for such partial month then payment shall be prorated at the rate made within fifteen (15) days after Tenant’s receipt of 1/30 of the monthly installment for each day in such partial month within the Sublease Term and an invoice from Landlord or another billing authority. All payments shall be payable in advance on the first day of such partial month occurring within the Sublease Term. The Base Rent shall be paid made to Sublessor Landlord at its offices located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Landlord’s Address or such other place as Sublessor Landlord may designate in writing, without prior demand and without deduction or offset except as may be specifically set forth herein. Sublessee Tenant shall not be required to pay Sublessor pay, and Landlord shall not accept, any rental payment more than one month in advance.
(b) At its option the Landlord may set off Rent and any additional rent payable owed by Tenant under this Lease against monies due Tenant, based on invoices submitted by Tenant to Landlord, uncontested by Landlord, and pursuant to a separate contract between the parties, more particularly described as Subcontract 05-C-1277-03 (the “Rent Setoff Option”). Should Landlord elect the Rent Setoff Option, Tenant shall, prior to the first day of each calendar month during the Term for which Rent is due, deduct amounts from any invoices from Tenant to Landlord under the Lease Subcontract for property taxes, insurance, or operating expenses, but Sublessee shall maintain at its expense worker's compensation, liability the total sum of Rent and property damage, and such other insurance as required under the Lease. Such insurance shall be adequate in all respects to comply with the provisions of the Lease and shall comply with the provisions of Section 12 below. Sublessee shall also be required to provide or contract for its own cleaning services, and Sublessor shall not be required to perform any cleaning services within the Sublet Premises. In addition to the Base Rent, Sublessee shall also pay all charges for all utilities serving the Sublet Premises. Such amounts shall be paid directly to the utility company providing the particular utility service, or, if such service is provided by and billed to Landlord or Sublessor, Sublessee shall pay to each such party, as applicable, the charges for utilities attributable to the Sublet Premises as additional rent hereunder. In addition to Base Rent, Sublessee shall also pay Sublessor, as additional rent hereunder, any charges imposed by Landlord for Sublessee's failure to comply with the provisions of the Lease. Sublessee shall also pay to Sublessor, as additional rent hereunder, all charges for any additional services requested by Sublessee and provided to Sublessee for the portion of the Sublet Premises during the Sublease Term, including, without limitation, charges and fees for alterations and after-hours heating and air-conditioning services. Sublessee shall be responsible for paying directly to telephone companies providing telephone services to the Sublet Premises all telephone charges in respect of the Sublet Premises. All amounts payable by Sublessee to Sublessor hereunder shall be paid within 10 days of Sublessor's invoice for the same. Sublessee's obligations to pay any and all amounts due under this Sublease Lease. In the event Tenant does not furnish an invoice, Tenant shall survive the termination of this Subleasepromptly mail Rent to Landlord’s Address.
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Sources: Lease Agreement (Gulfstream International Group Inc)
RENT AND ADDITIONAL RENT. Beginning (a) As consideration for this Lease, Tenant shall pay Landlord, without any setoff or reduction, the Base Rent and all Additional Rent when due under this Lease, except as stated to the contrary elsewhere in the Lease. Tenant shall commence paying Base Rent, the Utility Fee and Tenant’s Pro Rata Share of Operating Expenses and Real Estate Taxes (as such terms are defined below) on the date (the “Rent Commencement Date”) which is the earlier to occur of (i) the date when Tenant’s Work is Substantially Complete (as defined in Exhibit C) and (ii) the Outside Date (as defined below). Once the Rent Commencement Date is known, Sublessee the parties shall pay enter into a letter agreement confirming such date. “Additional Rent” means the Utility Fee, Pro Rata Share of Operating Expenses and Real Estate Taxes and any other cost or charge due from Tenant to Sublessor rent at an annual rate of $911,392.00 ("Landlord under this Lease other than Base Rent"), . Additional Rent and Base Rent are sometimes collectively referred to as “Rent.” Base Rent and recurring monthly charges of Additional Rent shall be due and payable in equal monthly installments of $75,949.33 (the "Monthly Base Rent") advance on the first day of each calendar month without notice or demand. All other items of Rent shall be due and payable by Tenant on or before 30 days after billing by Landlord. All payments of Rent shall be by good and sufficient check or by other means (such as automatic debit or electronic transfer) acceptable to Landlord. If Tenant fails to pay any item or installment of Rent when due past applicable notice and cure periods, Tenant shall pay Landlord an administrative fee equal to 5% of the past due Rent. Landlord’s acceptance of less than the correct amount of Rent shall be considered a payment on account and shall be applied to outstanding amounts due as Landlord in its sole discretion shall determine. No endorsement or statements on a check or letter accompanying a check or payment shall be considered an accord and satisfaction, and Landlord may accept the check or payment without prejudice to Landlord’s right to recover the balance or pursue other available remedies. Tenant’s covenant to pay Rent is independent of every other covenant in this Lease. Rent for partial months during the Sublease Term in lawful money of the United States of America, without demand, deduction, offset or abatement. If the Sublease Term includes a partial calendar month at its beginning or end, the monthly installment of Base Rent for such partial month shall be prorated at the rate of 1/30 of the monthly installment for each day in such partial month within the Sublease Term and shall be payable in advance based on the first day number of such partial month occurring within days in the Sublease Termmonth. The Base Rent Tenant shall be paid pay to Sublessor at Landlord, in addition to Tenant’s obligation to pay the Utility Fee and its offices located at ▇▇▇ ▇Pro Rata Share of Operating Expenses and Real Estate Taxes, all other costs which are specifically set forth herein, to Landlord, upon demand as Additional Rent, and Landlord’s reasonable costs incurred, in connection with any amendments to, consents under and subleases and assignments of this Lease requested by ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, or such other place as Sublessor may designate and in writing. Sublessee shall not be required to pay Sublessor the additional rent payable under the Lease for property taxes, insurance, or operating expenses, but Sublessee shall maintain at its expense worker's compensation, liability and property damage, and such other insurance as required under the Lease. Such insurance shall be adequate in all respects to comply connection with the provisions enforcement of rights and pursuit of the Lease and shall comply with the provisions of Section 12 below. Sublessee shall also be required to provide or contract for its own cleaning services, and Sublessor shall not be required to perform any cleaning services within the Sublet Premises. In addition to the Base Rent, Sublessee shall also pay all charges for all utilities serving the Sublet Premises. Such amounts shall be paid directly to the utility company providing the particular utility service, or, if such service is provided by and billed to Landlord or Sublessor, Sublessee shall pay to each such party, as applicable, the charges for utilities attributable to the Sublet Premises as additional rent hereunder. In addition to Base Rent, Sublessee shall also pay Sublessor, as additional rent hereunder, any charges imposed by Landlord for Sublessee's failure to comply with the provisions remedies of the Lease. Sublessee shall also pay to Sublessor, as additional rent hereunder, all charges for any additional services requested by Sublessee and provided to Sublessee for Landlord under this Lease (whether during or after the portion expiration or termination of the Sublet Premises during the Sublease Term, including, without limitation, charges and fees for alterations and after-hours heating and air-conditioning services. Sublessee shall be responsible for paying directly to telephone companies providing telephone services to the Sublet Premises all telephone charges in respect of the Sublet Premises. All amounts payable by Sublessee to Sublessor hereunder shall be paid within 10 days of Sublessor's invoice for the same. Sublessee's obligations to pay any and all amounts due under this Sublease shall survive the termination term of this SubleaseLease).
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