Rent. A. LESSEE agrees to pay as rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below. B. THIRD PARTY GUARANTY ▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises. D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Rent. A. LESSEE agrees to The Sublessee shall pay as rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum under this Sublease Basic Rent to Sublessor, which shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ Universityat the times provided on Schedule 1, [Include if aircraft is BNDES-financed and subleased while Sublessee remains a Specified Affiliate of Sublessor: for so long as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will Sublessee shall be a $30.00 service charge for Specified Affiliate,] and Supplemental Rent to the person entitled thereto immediately upon demand thereof, to the end that the Sublessee will pay directly to the party entitled thereto any check returned and all Supplemental Rent amounts payable by the bank for any reason. LESSEE agrees to pay Sublessor; provided, that if the Aircraft shall become an Uncovered Aircraft under the terms of the Capacity Purchase Agreement, then from and after the date on which the Aircraft becomes an Uncovered Aircraft, the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees Basic Rent payable under this Sublease shall be deemed unpaid recalculated by increasing the relevant interest rate used in the original calculations of Basic Rent on the Delivery Date by the number of basis points set forth in Schedule 2 hereto opposite the caption "Uncovered Aircraft Basic Rent Adjustment". [Include if aircraft is BNDES-financed and subleased while Sublessee remains a Specified Affiliate of Sublessor: If Sublessee shall cease to be a Specified Affiliate, then Sublessee shall pay as rent for under this Sublease Revised Basic Rent, which shall be paid at the purposes times provided on Schedule 1; provided, that if the Aircraft shall become an Uncovered Aircraft under the terms of the five (5) day statutory notice requirement for unpaid rent. Any payments received Capacity Purchase Agreement, then from LESSEE shall first be applied to service charges and utilities owed from after the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to date on which the rent due Aircraft becomes an Uncovered Aircraft, the amount of Revised Basic Rent payable under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet Sublease shall be recalculated by increasing the LESSEE’S financial obligations pursuant to this Lease may result relevant interest rate used in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy original calculations of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred Revised Basic Rent by the LESSOR to be added to number of basis points set forth in Schedule 2 hereto opposite the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowcaption "Uncovered Aircraft Basic Rent Adjustment".
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.]
Appears in 3 contracts
Sources: Capacity Purchase Agreement (Continental Airlines Inc /De/), Capacity Purchase Agreement (Expressjet Holdings Inc), Capacity Purchase Agreement (Expressjet Holdings Inc)
Rent. A. LESSEE agrees Sublessee shall pay to pay the order of Sublessor, as rent for the aforesaid premises Equipment, a semiannual Rental Payment equal to the amount payable by Sublessor under the Lease, on the dates and residence privileges in the sum amounts as set forth in Exhibit D attached hereto (such payment due dates are referred to herein as "Sublease Payment Dates"). Sublessor hereby directs Sublessee to make all Payments otherwise payable by Sublessor to Lessor under the Lease directly to Lessor, or to the assignee of $9,399.00Lessor, if any, at the address set forth in the records maintained pursuant to Section 19 of the Lease. Said sum Rental Payments due to Lessor from Sublessee shall be paid due and payable on each Sublease Payment Date, which date shall be fifteen (15) days prior to the corresponding Master Lease Payment Date, in immediately available funds at the address specified by LESSEE Lessor. Sublessee's periodic obligation for Rental Payments as set forth in Exhibit D attached hereto may be amended from time to ▇▇▇▇▇▇▇▇ Universitytime as provided in the Lease. In addition, to the extent permitted by law, Sublessee shall pay when due to Sublessor or to Lessor, as LESSOR’S designated collection/billing agent the case may be, such other amounts from time to time as are due and owing by Sublessor or Sublessee under the Lease or this Sublease, including, without limitation, those amounts payable under Sections 8 and 9 hereof and any late charges due and owing under the Lease or this Sublease (the "Additional Payments"). The term "Payments", as used herein, shall refer to Rental Payments and Additional Payments. Sublessee's obligations to make Payments may become accelerated under certain circumstances described herein and under other circumstances described in the Lease. SUBLESSEE'S OBLIGATIONS TO MAKE PAYMENTS WILL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND WILL NOT BE SUBJECT TO ANY SET-OFF, DEFENSE, COUNTERCLAIM, ABATEMENT OR RECOUPMENT FOR ANY REASON WHATSOEVER. Sublessee hereby covenants to make all Payments hereunder during the entire Lease Term. The officials of Sublessee responsible for housing rent preparing and late feespresenting to Sublessee's governing body Sublessee's budget request for each fiscal year shall include in each such budget request for each fiscal year during the Lease Term the Payments to become due in such fiscal year, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge thereby securing the appropriation of moneys for any check returned by the bank for any reason. LESSEE agrees such fiscal year sufficient to pay the Payments coming due therein. Upon adoption of Sublessee's temporary budget and final budget, Sublessee shall immediately notify Lessor and Sublessor if such budgets do not contain sufficient appropriation to pay the Payments coming due in the fiscal year covered by such budgets. Sublessee hereby agrees that, notwithstanding the possibility that either of such budgets may not contain an appropriation for such amount of the returned check plus service charge within 3 daysPayments, Sublessee's obligations to make Payments hereunder when due are absolute and unconditional. Upon LESSEE’S breach Sublessee further covenants that, if such appropriation is not in any such budget, Sublessee will immediately take whatever measures are necessary to ensure that timely payment of any term all Payments will be made when due hereunder, payments due hereunder are accelerated and become immediately due Sublessee will notify Lessor and owing directly Sublessor of same[, which measures include, without limitation, the levy of ad valorem taxes upon all the taxable property within Sublessee, without limitation as to LESSOR. Service fees rate or amount [include for municipal Sublessees only]].[ Payments shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs subject to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure annual appropriation of funds sufficient to meet the LESSEE’S financial obligations pursuant to required Payments [include for school district Sublessees only]]. On or before the first day of each fiscal year of Sublessee during the Lease Term, Sublessee will provide Lessor with an Appropriation Certificate for this Lease may result Sublease in the LESSEE being administratively dis- enrolled form attached hereto as Exhibit G. Sublessee reasonably believes that legally available funds in an amount sufficient to make all Payments during the Lease Term of this Sublease and the Lease can be obtained. Sublessee currently intends to do all things lawfully within its power to obtain and maintain funds from ▇▇▇▇▇▇▇▇ University pursuant to which the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts Payments may be turned over made. Sublessee hereby acknowledges its obligations to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by make payments under all the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowvarious circumstances described above.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 3 contracts
Sources: Sublease Purchase Agreement, Sublease Purchase Agreement, Sublease Purchase Agreement
Rent. A. LESSEE agrees to Lessee shall pay as Lessors rent for the aforesaid premises use of the Equipment pursuant to the terms of this Paragraph 3 (“Rent”). Rent shall accrue during the Initial Term, and residence privileges Lessee shall pay Lessors Rent attributable to the sum Initial Term at the expiration of $9,399.00the Term (in connection with Lessee’s payment under its purchase obligation pursuant to Paragraph 7 below), subject to Lessee’s right to pay Rent currently as it accrues. Said sum Lessee shall pay Rent to Lessors on a quarterly basis during each of the First Renewal Term, the Second Renewal Term and the Third Renewal Term, in each case if Lessee exercises the applicable renewal option. Rent during the Initial Term shall be equal to an annual rate of twelve percent (12%) of the Purchase Price (as defined in the Sale and Leaseback Agreement, taking into account the dates on which each installment of the Purchase Price is actually paid to Lessee), compounded quarterly. The Rent during the First Renewal Term shall be equal to an annual rate of thirteen percent (13%) of the Purchase Price (compounded quarterly if Lessee fails to pay Rent currently as required by LESSEE this Paragraph 3). Rent during the Second Renewal Term shall be equal to ▇▇▇▇▇▇▇▇ Universityan annual rate of fourteen percent (14%) of the Purchase Price (compounded quarterly if Lessee fails to pay Rent currently as required by this Paragraph 3). Rent during the Third Renewal Term shall be equal to an annual rate of fifteen percent (15%) of the Purchase Price (compounded quarterly if Lessee fails to pay Rent currently as required by this Paragraph 3). If any Rent or other amount payable by Lessee is not paid within five days after the day on which it becomes payable, Lessee will pay on demand, as LESSOR’S a late charge, an amount equal to 5% of such unpaid Rent or other amount but only to the extent permitted by applicable law. All payments provided for herein shall be payable to Lessors at the address specified in Paragraph 23 below, or at any other place designated collection/billing agent for housing rent and late feesby Lessors. For purposes of calculating the amount of Rent that accrues during any period, the Purchase Price shall be reduced by 100/105ths of any amounts treated as a reduction of Exercise Price in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount last sentence of Paragraph 7 below, as of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder date such amounts are accelerated and become immediately due and owing directly paid to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowLessors.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 3 contracts
Sources: Lease Agreement (PLM Equipment Growth & Income Fund Vii), Lease Agreement (PLM Equipment Growth Fund Vi), Lease Agreement (PLM Equipment Growth Fund V)
Rent. A. LESSEE agrees (a) Paragraph 3(b) of the Current Lease is hereby deleted and amended and restated to provide as follows:
(b) For each of the lease years beginning April 1, 2011 and April 1, 2012 (the “Carryover Period”), respectively, Minimum Annual Rent shall accrue in an amount equal to the Base Rent for Adjustment Purposes, increased by one half the CPI Adjustment, but in no event shall the Minimum Annual Rent for either such year be (1) less than the Minimum Annual Rent in effect for the preceding year, nor (2) greater than $1,384,000.00 per year. For the purposes of this Section 3(b), the Base Rent for Adjustment Purposes for the lease year beginning April 1, 2011 is $1,194,350.40, being the Minimum Annual Rent in effect for the prior lease year beginning April 1, 2010. Notwithstanding the foregoing, during each year of the Carryover Period, Tenant shall be permitted to pay on account of Minimum Annual Rent the sums as rent for provided in the aforesaid premises schedule below (without any CPI Adjustment to such amounts in the schedule), and residence privileges defer payment of the sum of $9,399.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, difference between Minimum Annual Rent calculated in accordance with ▇▇▇▇▇▇▇▇ Universitythis paragraph and Minimum Annual Rent as set forth in the schedule (hereinafter “Deferred Rent Amount”) until the expiration of the Term of the Lease as extended by this Amendment, without the occurrence of an Event of Default by Tenant, at which time Tenant’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees obligation to pay the amount Deferred Rent Amount shall be excused. The parties agree that upon the occurrence of an Event of Default, the Deferred Rent Amount shall be included as part of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately unpaid rent due and owing directly payable to LESSORLandlord. Service fees After the Carryover Period, during each remaining year of the Lease, Tenant shall be deemed unpaid rent for permitted to pay on account of Minimum Annual Rent the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result sums as provided in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant schedule below (without any CPI Adjustment to such amounts in the University Student Disclosure Statement a copy schedule). For the purpose of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSORthis Section 3(b), with additional attorney fees and/or collection costs incurred by the LESSOR to be added to following terms shall have the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided meanings defined below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.:
Appears in 3 contracts
Sources: Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Fibrocell Science, Inc.)
Rent. A. LESSEE agrees to Sublessee shall pay Sublessor as rent for the aforesaid premises Premises (“Base Rent”) its pro rata share (based on the ratio of the square footage of the Premises to the square footage of the Master Premises (its “Pro Rata Share”)) of the rent payable under the Master Lease, together with an amount equal to Sublessee’s pro rata share (based on the ratio of square footage of the Premises (excluding the Shared Areas) to the square footage of the Master Premises (excluding the Shared Areas), of the rent payable under the Master Lease with respect to the Shared Areas. Such amounts shall be due and residence privileges payable within thirty (30) days of delivery by Landlord of an invoice therefor, without deduction or offset and without prior notice or demand, at the sum address indicated by Sublessor in writing from time to time. Such Base Rent shall increase from time to time based on increases in the base rent under the Master Lease. In addition, Sublessee shall pay, as and when due under the Master Lease, (a) its Pro Rata Share of $9,399.00all operating expenses, taxes, insurance and other costs payable under the Master Lease, but specifically excluding any fees, costs, charges or other consideration paid or payable by Sublessor to Master Lessor in connection with Sublessor’s exercise of any termination right or option that Sublessor may have under the Master Lease to terminate the Master Lease prior to the expiration of the then-scheduled term of the Master Lease (it being understood that Sublessee shall have no obligation to pay any portion of any such fees, costs, charges, penalties or other consideration paid in connection with Sublessor’s exercise of any such early termination right or option, and that Sublessor reserves the right to exercise any such express early termination right or option held by Sublessor under the Master Lease notwithstanding anything to the contrary contained in this Sublease), and (b) all costs directly incurred by or at the request of Sublessee with respect to its use of the Premises. Said sum shall All amounts required to be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees Sublessee under this Sublease other than Base Rent shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 3 contracts
Sources: Real Estate Matters Agreement, Real Estate Matters Agreement (Keysight Technologies, Inc.), Real Estate Matters Agreement (Agilent Technologies Inc)
Rent. A. LESSEE (a) From and after the Commencement Date, Subtenant shall pay to Sublandlord annual fixed rent (the “Fixed Rent”) in the amounts set forth on Schedule 4 attached hereto. Fixed Rent shall be payable in advance in the monthly installments set forth on Schedule 4, pro-rated on a per diem basis in the case of any partial months during the Term. Except as otherwise set forth herein, each monthly installment of Fixed Rent shall be payable on or before the first day of each month, without notice or demand and without abatement, set-off or deduction.
(b) From and after the Commencement Date, Subtenant agrees to pay to Sublandlord, as additional rent hereunder, an amount equal to all of the Real Estate Taxes (as defined in Section 5.(B)(1) of the ▇▇▇▇▇▇▇▇▇) and Operating Expenses (as defined in Section 5.(C)(1) of the ▇▇▇▇▇▇▇▇▇) due from Sublandlord to Overlandlord pursuant to Sections 5.(B) and 5.(C) of the ▇▇▇▇▇▇▇▇▇, respectively (collectively, “Direct Expenses”). Sublandlord shall provide Subtenant with evidence of its payment of the Direct Expenses to Overlandlord within five (5) business days of the date Sublandlord makes such payment to Overlandlord.
(c) So long as Subtenant is not then in material default under this Sublease (beyond any applicable notice and cure period), Fixed Rent and Direct Expenses shall be abated for the aforesaid premises period (the “Free-Rent Period”) beginning on the Commencement Date and residence privileges continuing through March 31, 2011. In addition, during the sum Free-Rent Period, Sublandlord shall pay all utilities and other operating costs for the Subleased Premises. In the event of $9,399.00. Said sum a termination of this Sublease prior to December 31, 2015, as a result of any default by or on behalf of Subtenant, any such Fixed Rent and Direct Expenses previously abated hereunder shall be paid immediately due and payable from Subtenant to Sublandlord.
(d) In addition to the Fixed Rent and Direct Expenses, Subtenant agrees to pay to Sublandlord all Subtenant Surcharges (as hereinafter defined) as additional rent hereunder. As used herein, the term “Subtenant Surcharges” shall mean any and all amounts which become due and payable by LESSEE Sublandlord to the Overlandlord under the ▇▇▇▇▇▇▇▇▇ University(without additional charge or profit to Sublandlord) as “Additional Rent” (as such term is defined in the ▇▇▇▇▇▇▇▇▇) which would not have become due and payable but for the acts and/or failures to act of Subtenant under this Sublease or which are otherwise attributable to the Subleased Premises, as LESSOR’S designated collection/billing agent for housing including, but not limited to: (i) any increases in the Overlandlord’s fire, rent or other insurance premiums resulting from any act or omission of Subtenant, and late fees, in accordance with (ii) any additional rent or charges under the ▇▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned payable by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach Sublandlord on account of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall other additional service as may be deemed unpaid rent for provided under the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE or with the consent of the Overlandlord, Subtenant shall pay utilities as provided belowany Subtenant Surcharge within fifteen (15) business days after Subtenant’s receipt of the Overlandlord’s statements from Sublandlord. In the event that Subtenant disputes the Subtenant Surcharges, Sublandlord agrees to cooperate with Subtenant in seeking a reduction of such disputed amount from the Overlandlord, and shall pay if such reduction is obtained, the LESSOR (The ▇▇▇▇▇, LLC) corresponding reduction of the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE Subtenant Surcharge shall be liable for the aforesaid rents unless said space is leased refunded to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rentSubtenant within thirty (30) days thereof.
Appears in 3 contracts
Sources: Sublease (Acorda Therapeutics Inc), Sublease (Civitas Therapeutics, Inc.), Sublease (Civitas Therapeutics, Inc.)
Rent. A. LESSEE agrees (a) Commencing on the date that is one hundred twenty (120) days after the Sublease Commencement Date (“ Rent Commencement Date ”), Subtenant shall, without deduction, demand, notice from Sublandlord, or right of offset, pay to pay Sublandlord for each month during the Sublease Term as annual basic rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, (“ Basic Rent ”) in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result set forth in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to following table: Rent Commencement Date through first day of calendar month following calendar month in which anniversary of Rent Commencement Date occurs (such period, “First Lease Year”) $ 13,306.88 12- month period following expiration of First Lease Year (“Second Lease Year”) $ 13,706.08 the University Student Disclosure Statement a copy period following Second Lease Year through Sublease Expiration Date $ 14,117.26 All payments of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund Basic Rent shall be made in lawful money of the United States, in advance on the first (1 st ) day of each calendar month during the Sublease Term, the first payment of Basic Rent to be made as of the date this Sublease is executed and applied against the first Basic Rent due hereunder. Payments in respect of a period less than a full calendar month shall be prorated based on the actual number of days in such month during the Sublease Term.
(b) Commencing on November 1, 2010 and continuing through the Sublease Term, in addition to payment of the Basic Rent, Subtenant shall pay to Sublandlord, as to each calendar year or portion thereof during the Sublease Term, as additional rent (“ Passthrough Rent ”), without deduction, demand, notice from Sublandlord, or right of offset, (i) Subtenant’s Percentage Share (as hereafter defined) of the amount by which Operating Expenses (as defined in the Lease) for such calendar year exceed Operating Expenses in calendar year 2010 (“ Subtenant’s Expense Payment ”) and (ii) Subtenant’s Percentage Share of the amount by which Tax Expenses (as defined in the Lease) for such calendar year exceed the Tax Expenses in calendar year 2010 (“ Subtenant’s Tax Payment ”). As used herein, “ Subtenant’s Percentage Share ” shall mean Four and 85/100 percent (4.85%) (7,097 divided by 146,189). At Subtenant’s request, Sublandlord shall deliver to Subtenant any pre-paid rentstatements, invoices, or other materials delivered to Sublandlord by or at the direction of Landlord with respect to the Passthrough Rent. Subtenant shall have no right to dispute the Operating Expenses and Tax Expenses once the same is agreed upon by or adjudicated, pursuant to any dispute mechanism is set forth in the Lease or applicable at law, by Sublandlord and Landlord. The obligations to make payments hereunder, which obligations arise during and relate to the period prior to termination or expiration of this Sublease, shall survive the termination or expiration of this Sublease.
Appears in 2 contracts
Sources: Sublease Agreement (Northwest Biotherapeutics Inc), Sublease Agreement (Northwest Biotherapeutics Inc)
Rent. A. LESSEE 7.1 Tenant shall pay to Landlord as Base Rent for the Premises, commencing on the Term Commencement Date, the sums set forth in Section 2.3. Base Rent shall be paid in equal monthly installments as set forth in Section 2.3, each in advance on the first day of each and every calendar month during the Lease Term.
7.2 In addition to Base Rent, commencing on the Term Commencement Date, Tenant shall pay to Landlord as additional rent ("Additional Rent") at times hereinafter specified in this Lease (a) Tenant's Share (as defined below) of Operating Expenses (as defined below), (b) the Property Management Fee (as defined below) and (c) any other amounts that Tenant expressly assumes or agrees to pay under the provisions of this Lease that are owed to Landlord. Without limitation on other obligations of Tenant which survive the expiration of the Lease Term, the obligations of Tenant to pay Additional Rent shall survive the expiration of the Lease Term.
7.3 Landlord and Tenant hereby agree that it is their intent that all Base Rent, Additional Rent and other rent and charges payable to the Landlord under this Lease (hereinafter individually and collectively referred to as "Rent") shall qualify as "rents from real property" within the meaning of Section 856(d) of the Internal Revenue Code of 1986, as amended, (the "Code") and the Department of the U.S. Treasury Regulations promulgated thereunder (the "Regulations"). Should the Code or the Regulations, or interpretations thereof by the Internal Revenue Service contained in revenue rulings or other similar public pronouncements, be changed so that any Rent no longer so qualifies as "rent from real property" for purposes of Section 856(d) of the aforesaid premises Code and residence privileges the sum of $9,399.00Regulations promulgated thereunder, such Rent shall be adjusted in such manner as the Landlord may require so that it will so qualify; provided, however, that any adjustments required pursuant to this Section 7.3 shall be made so as to produce the equivalent (in economic terms) Rent as payable prior to such adjustment. Said sum Rent shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ UniversityLandlord, as LESSOR’S designated collection/billing agent for housing rent and late feeswithout abatement, deduction or offset, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount lawful money of the returned check plus service charge within 3 daysUnited States of America at the office of Landlord as set forth in Section 2.8 or to such other person or at such other place as Landlord may from time designate in writing. Upon LESSEE’S breach In the event the Lease Term commences or ends on a day other than the first day of any term hereundera calendar month, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees then the Rent for such fraction of a month shall be deemed unpaid rent prorated for such period on the purposes basis of the five a thirty (530) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, month and shall pay be paid at the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowthen-current rate for such fractional month.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 2 contracts
Sources: Lease (Mabvax Therapeutics Holdings, Inc.), Lease (Mabvax Therapeutics Holdings, Inc.)
Rent. A. LESSEE agrees to pay as rent (a) The Rent for the aforesaid premises Term payable by the Tenant shall consist of the monthly basic rent (the “Monthly Basic Rent”) (payable in advance on the 1st day of each and residence privileges every calendar month exclusive of Service Charges, Government Rent, Government Rates and other outgoings) and the monthly additional rent (the “Monthly Additional Rent”).
(b) The Monthly Additional Rent for the Premises of the Term shall be a sum equal to the difference BETWEEN the percentage specified below (the “Specified Percentage”) of $9,399.00the Gross Receipts (defined herein below) of the Tenant’s business at the Premises in that calendar month and the Monthly Basic Rent payable in the manner as set out herein below provided that if the Specified Percentage of the Gross Receipts of any calendar month does not exceed the Monthly Basic Rent in that calendar month, no Monthly Additional Rent is payable for that calendar month but any deficit shall not be carried over to the succeeding month. Said sum Particulars of the Monthly Basic Rent and the Specified Percentage are as follows :- Year Monthly Basic Rent Specified Percentage Years [ ] to [ ] HK$[ ] [ ]%
(c) A provisional Monthly Additional Rent in respect of any calendar month shall be paid in arrears by LESSEE the Tenant in respect of the Gross Receipts of the Tenant’s business during the relevant calendar month by the 15th day of the immediately following calendar month and the following provisions shall apply for the purpose of determining the Monthly Additional Rent :-
(i) The Tenant shall throughout the Term keep or cause to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent be kept complete and accurate and true record of Gross Receipts in each month;
(ii) The provisional Monthly Additional Rent for housing rent and late fees, a calendar month shall be the sum equivalent to the difference between the Specified Percentage (set out in sub-clause (b) above) of the Gross Receipts of the Tenant’s business at the Premises during the relevant calendar month less the Monthly Basic Rent for that calendar month;
(iii) The payment of provisional Monthly Additional Rent in accordance with ▇▇▇▇▇▇▇▇ Universitythe provisions above shall be accompanied by:
(1) a statement (or any additional information that the Landlord may from time to time require) as to the actual amount of Gross Receipts of the Tenant’s published invoicing business during the month in respect of which it is payable (“Statement”); and
(2) extract of daily records of Gross Receipts during the month in respect of which it is payable kept in accordance with sub-clause (c)(i) above; Provided that such Statement and payment schedule. There will be a $30.00 service charge for any check returned extract of daily records, if and whenever required by the bank for any reason. LESSEE agrees Landlord to pay be certified, shall be so certified by the Tenant’s external auditors or external accountants nominated or approved by the Landlord at the Tenant’s costs and expenses (“the Approved Auditors/External Accountants”); Where no provisional Monthly Additional Rent is payable, the Tenant is still obliged to submit to the Landlord the Statement as to the actual amount of Gross Receipts and extracts of daily records of Gross Receipts of the Tenant’s business by the 15th day of the immediately following calendar month.
(1) Within one hundred and eighty (180) days of the expiration of each calendar year of the Term the Tenant shall at its own costs and expenses supply the Landlord with a Statement as to the actual amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach Gross Receipts of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees the Tenant’s business for the said period which Statement shall be deemed unpaid rent certified by the Approved Auditors/External Accountants.
(2) Within one hundred and eighty (180) days of the expiration or sooner determination of the Term, the Tenant shall at its own costs and expenses supply the Landlord with a Statement as to the actual amount of the Gross Receipts of the Tenant’s business for the purposes Term which Statement shall be certified by the Approved Auditors/External Accountants. The aforesaid Statement(s) so certified by the Approved Auditors/External Accountants shall hereinafter be referred to as the “Certified Statement”.
(v) If the actual total sum paid as provisional Monthly Additional Rent for the Term shall exceed the actual Monthly Additional Rent payable for the Term calculated based on the Certified Statement, the Landlord shall refund to the Tenant such sum paid by the Tenant in excess of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges Monthly Additional Rent and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No such refund shall be made within thirty (30) Working Days of the Landlord’s receipt of the Certified Statement, and if the actual total sum paid as provisional Monthly Additional Rent for the Term shall be less than the actual Monthly Additional Rent payable for the relevant calendar year calculated based on the Certified Statement, the Tenant shall pay to the Landlord such sum which has fallen short of the Monthly Additional Rent payable within 14 days of the Landlord’s notice to the Tenant on such shortfall.
(vi) The Landlord may at all times at its own expense itself appoint auditors and the Tenant shall at all times upon prior appointment make its books and records available to any such auditors. If such audit shall show that the Tenant’s Statement of Gross Receipts and extract of daily records under sub-clause (c)(iii) are at variance with the actual Gross Receipts of the Tenant’s business to the extent of one percent (1%) or more resulting in a deficiency in the Monthly Additional Rent, the Tenant shall pay to the Landlord within ten (10) days after demand the reasonable costs of the said audit at current market price in addition to the deficiency.
(vii) For the purpose of calculating the Monthly Additional Rent “Gross Receipts” shall mean the aggregate of all sums of money or other consideration received or receivable in each month for all goods, foods, beverages, drinks sold, leased, hired or otherwise disposed of and for all services sold or performed and from all trades and businesses of any prenature whatsoever conducted at in from or upon the Premises by the Tenant without deduction whatsoever and without prejudice to the generality of the above shall include but not limited to :-paid rent.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Rent. A. LESSEE agrees As rent for this Sublease, Sublessee shall pay to pay Sublessor on the following schedule (“Rent”), together with its proportionate share of all other sums, including without limitation utility costs, insurance costs, operating costs, and taxes paid by Sublessor in its capacity as Tenant under the Base Lease (“Additional Rent”). Year 1: $13,000 NNN per month Year 2: $14,000 NNN per month Year 3: $15,500 NNN per month Year 4: $17,000 NNN per month Year 5: $18,000 NNN per month Such rent shall be payable on the first day of each month based upon a reasonable estimate provided to Sublessee by Sublessor of the other sums payable by Sublessor for that month under the Base Lease. Within 15 days after the actual amount of other sums due under the Base Lease is known by Sublessor, Sublessor shall notify Sublessee thereof and of Sublessee’s portion thereof. If Sublessee has overpaid rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum period in question, such overpayment shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing credited against the next installments of rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check due or returned by the bank for any reason. LESSEE agrees Sublessor to Sublessee, or if Sublessee has underpaid rent, then Sublessee shall pay the amount of such underpayment to Sublessor within twenty days after the returned check plus service charge within 3 daysreceipt of such notice. Upon LESSEE’S breach Payment of Rent and Additional Rent shall be made to Sublessor at its address written below or at such other place Sublessor may designate in writing, without any term hereunder, offset or deduction whatsoever. In addition if the Base Lease requires Tenant to make payments due hereunder of real estate taxes and/or utilities which are accelerated and become immediately due and owing applicable to the Premises directly to LESSOR. Service fees the taxing authorities and/or utility companies, as the case may be, Sublessee shall make such payments in a timely manner and promptly supply Sublessor with evidence thereof, and such shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for additional rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowhereunder.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 2 contracts
Sources: Sublease (FlexEnergy Green Solutions, Inc.), Sublease (FlexEnergy Green Solutions, Inc.)
Rent. A. LESSEE agrees (a) Sublessee shall pay to pay Sublessor as rent Basic Rental as for the aforesaid premises Subleased Premises during the Term of this Sublease Agreement the amount set forth below: Period Monthly Rent ------ ------------ Commencement Date to Expiration $6,118.13 In addition to the Basic Rental, Sublessee shall also pay to Sublessor all Additional Rent payable by Sublessor under the Lease including self insurance costs, to the extent allocable to the Subleased Premises. For purposes of calculating such Additional Rent, Sublessee's "proportionate share" shall be a fraction, the numerator of which is the space contained in the Subleased Premises (8,540 square feet as of the Commencement Date) and residence privileges the sum denominator of $9,399.00which is the entire space contained in the Building (209,088 square feet). Said sum The respective amounts set forth above shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment scheduleon or before the 1st day of each month of the Term. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees If Sublessee fails or refuses to pay any installment of Basic Rental within five (5) business days after the date such installment is due, or Additional Rent within fifteen (15) business days after Sublessee's receipt of written demand therefor, Sublessor shall be entitled to collect a late charge equal to five percent (5%) multiplied by the amount of the returned check plus service late payment to compensate Sublessor for the additional expense involved in handling delinquent payments and not as interest. If the payment of a late charge within 3 days. Upon LESSEE’S breach required by this Section is found to constitute interest notwithstanding the contrary intention of any term hereunderSublessor and Sublessee, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees the late charge shall be deemed unpaid rent for limited to the purposes maximum amount of interest that lawfully may be collected by Sublessor under applicable law, and if any payment is determined to exceed such lawful amount, the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE excess shall first be applied to service charges any unpaid rent then due and utilities owed from payable hereunder and/or credited against the LESSEE to LESSOR next succeeding installment of rent payable hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the If all rent due under this paragraph. LESSEE may cancel or modify this authorization at payable hereunder has been paid in full, any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE excess shall be liable for the aforesaid rents unless said space is leased refunded to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rentSublessee.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Adams Laboratories, Inc.), Sublease Agreement (Adams Respiratory Therapeutics, Inc.)
Rent. A. LESSEE agrees to pay as rent for the aforesaid premises and residence privileges the sum of $9,399.0010,299.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Rent. A. LESSEE agrees (a) Lessee shall pay to pay Lessor in cash or by check as rent for the aforesaid premises Equipment during the Lease Term, the amounts provided for in the Rental Schedule ("Basic Rent") for such Equipment on the dates designated therein ("Payment Dates"), at the location of Lessor set forth therein, or at such other address or to such other person or entity as Lessor, from time to time, may designate.
(b) Lessee shall also pay to Lessor, upon notice by Lessor to Lessee that payment is due, any sums other than for Basic Rent that Lessee at any time shall be required to pay Lessor pursuant to the provisions of this Lease, including but not limited to sums payable by reason of payments by Lessor to any Vendors in advance of the delivery of such Equipment or the commencement of the Lease Term for such Equipment, together with every additional charge, interest and residence privileges cost which may be added for non-payment or late payment of any such sums or of Basic Rent. All such sums shall be additional rent ("Additional Rent") and Lessor shall provide Lessee with notification as to the sum amount of any Additional Rent. If Lessee shall fail to pay any Additional Rent, Lessor shall have all rights, powers and remedies with respect thereto as are provided herein or by law in the case of non-payment of Basic Rent.
(c) With respect to any amount of Basic Rent or Additional Rent not received by Lessor within three days from when due hereunder, Lessee shall pay to Lessor interest on such amount from the due date thereof until payment is received by Lessor at two percent per month or the highest rate of interest on amounts past due that is not unlawful, whichever is lower (the "Default Interest Rate"). Additionally, with respect to each such instance of late payment, Lessee shall pay to Lessor, within three days of notification that such payment is due, a collection fee of $9,399.00. Said sum 500, which fee approximates Lessor's administrative costs, at minimum, to collect such unpaid Basic Rent or Additional Rent.
(d) LESSEE AGREES THAT TIME IS OF THE ESSENCE TO LESSOR IN LESSEE'S MAKING PAYMENTS OF BASIC RENT AND ADDITIONAL RENT WHEN SUCH PAYMENTS BECOME DUE.
(e) This Lease is a net-net-net lease and, notwithstanding any other provisions of this Lease, it is intended that Basic Rent and Additional Rent shall be paid by LESSEE without notice, demand, counterclaim, setoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction. Lessee shall perform all its obligations under this Lease at its sole cost and expense. Except to ▇▇▇▇▇▇▇▇ Universitythe extent otherwise expressly specified herein, as LESSOR’S designated collection/billing agent for housing rent the obligations and late feesliabilities of Lessee hereunder shall in no way be released, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank discharged or otherwise affected for any reason. LESSEE agrees to pay , including, without limitation: (i) any defect in the amount condition, quality or fitness for use of the returned check plus service charge within 3 days. Upon LESSEE’S breach Equipment or any part thereof; (ii) any damage to, removal, abandonment, salvage, loss, scrapping or destruction of or any requisition or taking of the Equipment or any part thereof; (iii) any restriction, prevention or curtailment of or interference with any use of the Equipment or any part thereof; (iv) any defect in title or rights to the Equipment or any lien on such title or rights or on the Equipment; (v) any change, waiver, extension, indulgence or other action or omission in respect of any term hereunderobligation or liability of Lessor; (vi) any bankruptcy, payments due hereunder are accelerated and become immediately due and owing directly insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceedings relating to LESSOR. Service fees shall be deemed unpaid rent for Lessee or any action taken with respect to this Lease by any trustee or receiver of Lessee or by any court, in any such proceeding; (vii) any claim that Lessee has or might have against any Person (as hereinafter defined), including without limitation Lessor; (viii) any failure on the purposes part of Lessor to perform or comply with any of the five terms hereof or of any other agreement; (5ix) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University any invalidity, unenforceability or disaffirmance of this Lease or any provision hereof against or by inserting his Lessee; or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSAx) programs any other occurrence whatsoever, whether similar or dissimilar to the rent due under this paragraphforegoing, whether or not Lessee or Lessor shall have notice or knowledge of any of the foregoing. LESSEE may cancel To the extent permitted by law, Lessee waives all rights now or modify this authorization at any time in writing with notice hereafter conferred by statute or otherwise to LESSOR. [LESSEE’S INITIALS]. By signing quit, terminate, cancel, rescind or surrender this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy any diminution or reduction of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney Basic Rent or collection agency Additional Rent payable by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowLessee hereunder.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 2 contracts
Sources: Master Equipment Lease Agreement (Cinema Ride Inc), Master Equipment Lease Agreement (Orthovita Inc)
Rent. A. LESSEE agrees (a) Tenant covenants to pay to Landlord, as rent for the aforesaid premises Premises during the Interim Term, the Primary Term and residence privileges each Extended Term of this Lease (if Tenant extends the sum of $9,399.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, Term in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing Paragraph 4) the amounts set forth on EXHIBIT 5 attached hereto (herein called the "Basic Rent") in monthly installments, in advance, on the first day of each calendar month (herein called the "BASIC RENT PAYMENT DATES") by wire or other electronic transfer of immediately available funds to the Landlord at the address set forth above or to such other person or such other place or account as Landlord from time to time may designate to Tenant in writing; provided, Landlord may designate to Tenant in writing that all but not less than all of the monthly Basic Rent be paid directly to a Mortgagee (as defined in Subparagraph 23(a)) or an institutional payment agent.
(b) Tenant covenants that all other amounts, liabilities and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE obligations which Tenant assumes or agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations discharge pursuant to this Lease together with every fine, penalty, interest and cost which may result be added for nonpayment or late payment thereof, shall constitute additional rent hereunder (herein called "ADDITIONAL RENT"). In the event of any failure by Tenant to pay or discharge any Additional Rent, Landlord shall have all rights, powers and remedies provided herein or by law in the LESSEE being administratively dis- enrolled case of nonpayment of Basic Rent. Tenant further covenants to pay to Landlord on demand interest on all Basic Rent and Additional Rent due to Landlord from ▇▇▇▇▇▇▇▇ University pursuant the date due until such amount is paid in full at the per annum rate of interest (the "DEFAULT RATE") equal to the University Student Disclosure Statement annual "prime rate" identified in the "Money Rates" column in the Wall Street Journal (the "PRIME RATE") plus four percent (4%), but in no event shall the Default Rate exceed the maximum rate permitted by law. If the Wall Street Journal is no longer published or the Wall Street Journal discontinues publication of the "prime rate," then Landlord shall designate a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over reasonably comparable source to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by identify the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowPrime Rate.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 2 contracts
Sources: Lease Agreement (Radioshack Corp), Purchase and Sale Agreement (Radioshack Corp)
Rent. A. LESSEE Except as otherwise expressly set forth in this Lease, Tenant agrees to pay to Landlord at the first office specified in Section 1.01 (2), or to such other persons, or at such other places, designated by Landlord, without any prior demand therefor in immediately available funds and without any deduction or offset whatsoever, except as rent otherwise set forth in this Lease, all Rent during the Term as and when due pursuant to this Lease. Monthly Base Rent shall be paid monthly in advance on the first day of each month of the Term, except that the installment of Monthly Base Rent for any partial month at the beginning of the Term shall be paid prior to the Commencement Date and the installment of Monthly Base Rent due for the aforesaid premises and residence privileges sixth (6th) month of the sum of $9,399.00. Said sum Term shall be paid by LESSEE Tenant to ▇▇▇▇▇▇▇▇ UniversityLandlord within thirty (30) days following the Date of this Lease. Monthly Base Rent shall be prorated for partial months within the Term. Unpaid Rent shall bear interest at the Default Rate from the date due until paid provided, as LESSOR’S designated collection/billing agent for housing rent however, that Tenant shall be entitled to notice and late fees, an additional three (3) business day grace period before the imposition of Default Interest the first time in accordance with ▇▇▇▇▇▇▇▇ Universityany calendar year that Tenant does not timely pay Rent hereunder. Tenant’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees covenant to pay Rent shall be independent of every other covenant in this Lease. Notwithstanding the foregoing, Tenant’s obligation to pay Rent shall be conditionally abated during the first five (5) full calendar months of the Term (the “Rent Abatement Period”) in an amount not to exceed $958,013.75. Such abatement shall apply to Rent only and shall not apply to any other sums payable under this Lease. The abatement of Rent described above is expressly conditioned on Tenant’s performance of its obligations under this Lease throughout the Term, and the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach abated Rent is based in part on the amount of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent Rent due under this paragraphLease for the full Term. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations If Tenant Defaults under this Lease. LESSEE’S failure Lease and such Default continues beyond the applicable notice and cure period, then Tenant shall immediately, on demand, pay to meet Landlord, in addition to all other amounts and damages to which Landlord is entitled, the LESSEE’S financial obligations pursuant to this Lease may result in unamortized amount of Rent which would otherwise have been due and payable during the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to Rent Abatement Period (based on the University Student Disclosure Statement a copy straight-line amortization of which LESSEE acknowledges receipt the abated Rent across the initial Term plus interest at the rate of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below8% per annum).
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 2 contracts
Sources: Office Lease (Accolade, Inc.), Office Lease (Accolade, Inc.)
Rent. A. LESSEE agrees (a) Sublessee shall pay to pay Sublessor as rent for the aforesaid premises and residence privileges minimum monthly rental hereunder the sum of $9,399.008,666.67 per month commencing on July 1, 2000 and continuing on the first day of each succeeding month thereafter during the term of this Sublease (the "Basic Monthly Rent"). Said sum Basic Monthly Rent shall be paid by LESSEE adjusted from time to time in accordance with the provisions in the ▇▇▇▇▇▇▇▇▇ Universityin respect of adjustments to "fixed rent" (as that term is defined in the ▇▇▇▇▇▇▇▇▇) as provided in Article 1 thereof, such that Basic Monthly Rent shall at all times during the term of the Sublease equal the monthly installments of fixed rent due from time to time under the ▇▇▇▇▇▇▇▇▇. Basic Monthly Rent for any partial month shall be prorated at the rate of 1/30th of the Basic Monthly Rent counting the actual number of days elapsed.
(b) Sublessee shall pay during the term of this Sublease, as LESSOR’S designated collection/billing agent additional rental hereunder (hereinafter referred to as "Additional Rent"), before any fine, penalty, interest or cost may be added thereto for housing rent the nonpayment thereof, (i) all real estate taxes, special assessments, water rates and late charges, sewer rates and charges (including any sum or sums payable for present or future sewer or water capacity), charges for public utilities, street lighting, excise levies, licenses, permits, inspection fees, other governmental charges, and all other charges or burden of whatsoever kind and nature (including costs, fees, and expenses of complying with any restrictive covenants or similar agreements to which the Premises and/or the real property on which the Premises are located are subject) incurred in accordance with the use, occupancy, ownership, operation, leasing or possession of the Premises and/or arising under or related to this Sublease, whether any of the foregoing be general or special, ordinary or extraordinary, foreseen or unforseen (all of which are collectively referred to herein as "Impositions"), which at any time during the term hereof may have been or may be assessed, levied, confirmed, imposed upon, or become a lien on the Premises, or any portion thereof, or any appurtenance thereto, or this Sublease or the rents or income therefrom and (ii) any other amounts due Landlord under the terms of the ▇▇▇▇▇▇▇▇▇ University’s published invoicing (other than minimum rent), including common area maintenance costs, promotional charges, marketing charges and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach all other taxes, assessments, levies and charges of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly nature whatsoever required to LESSOR. Service fees shall be deemed unpaid rent for paid by Sublessor under the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to collectively, the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from "▇▇▇▇▇▇▇▇▇ University pursuant Charges"). Sublessee shall pay to Sublessor any taxes or increases in taxes which result from any improvements to the University Student Disclosure Statement a copy Premises which Sublessee makes at any time during the term hereof. Sublessee shall pay to Sublessor (a) all Impositions, whether heretofore or hereafter levied for assessed upon the Premises, or any portion thereof, and/or this Sublease which are due and payable during the term of which LESSEE acknowledges this Sublease to Sublessor within five days of receipt of a statement specifying such amount from Sublessor and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. (b) all ▇▇▇▇▇▇▇▇▇ University is Charges at the authorized collection/billing agent for The times and in the manner specified therefor in the ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇. Anything herein to the contrary notwithstanding, Sublessor shall pay its prorata portion of any Impositions and/or ▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights Charges due and payable with respect to the leased premises.
D. Withdrawal Premises, or suspension from any portion thereof, and/or this Sublease during the University years in which the term hereof both commences and ends based on the number of days in each said year within the term of this Sublease, and Sublessor shall not terminate pay the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made balance of any pre-paid rentsuch Impositions during said years.
Appears in 2 contracts
Sources: Sublease (Harvey Electronics Inc), Sublease (Harvey Electronics Inc)
Rent. A. LESSEE agrees to Tenant shall pay as rent for hereunder the aforesaid premises Initial Annual Base Rent plus the Rent Adjustment and residence privileges the sum of $9,399.00. Said sum shall Additional Base Rent, as hereinafter defined, and all other sums herein required to be paid by LESSEE paid, to ▇▇▇▇▇ Associates, Ltd., as Agent at ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ University, or to such other person or at such other place as LESSOR’S designated collection/billing agent for housing rent and late fees, Landlord may direct in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedulewriting. There will Annual Base Rent shall be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay paid in equal monthly installments in the amount of the returned check plus service charge within 3 daysInitial Monthly Base Rent set forth in Section 1 hereof, as adjusted annually pursuant to Section 3B hereof, in advance on or before the first day of each month of the Term. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees All such rent shall be deemed unpaid paid without any set-off or deduction whatsoever. Unpaid rent for shall bear interest at the purposes rate set forth in Sections 25M and 26F hereof, from the date due until paid.
B. Commencing on the first day of the five thirteenth (513th) full calendar month of the Term and on the first day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from of each succeeding twelve (12) month period (or portion thereof) thereafter during the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following remainder of the Term of this paragraph to apply eligible funds received by LESSEE Lease the Annual Base Rent payable pursuant to Federal Student Aid the preceding Section 3A (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations as previously adjusted pursuant to this Lease may result Section 3B) shall be increased annually by an amount equal to three percent (3%) of the annual Base Rent payable for the then current calendar year, payable in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University equal monthly installments. Each such adjustment pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to this Section 3B shall be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE prior year's Base Rent as previously adjusted pursuant to this Section 3B. All amounts due hereunder shall pay utilities as provided below, be deemed to be Additional Base Rent and shall pay be paid at the LESSOR (same time and in the same manner as Initial Monthly Base Rent pursuant to Section 3A of Lease. The ▇▇▇▇▇, LLC) Initial Monthly Base Rent and the security deposit Additional Base Rent are collectively sometimes herein referred to as provided below"Base Rent.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent."
Appears in 2 contracts
Sources: Office Lease (Biotel Inc.), Office Lease (Biotel Inc.)
Rent. A. LESSEE agrees to pay as rent (i) The Base Rent rate(s) per rentable square foot for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum Expansion Space shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, the same as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent Base Rent rate(s) per rentable square foot for the purposes of initial Subleased Premises on the five (5) day statutory notice requirement date the term for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided belowExpansion Space commences, and shall pay increase at such times and in such amount as Base Rent for the LESSOR (The ▇▇▇▇▇initial Subleased Premises, LLCit being the intent of Sublandlord and Subtenant that the Base Rent rate(s) per rentable square foot for the security deposit Expansion Space shall always be the same as provided the Base Rent rate(s) per rentable square foot for the initial Subleased Premises, subject to abatement as expressly set forth in Section 6(d)(ii), below.
B. THIRD PARTY GUARANTY(ii) Subtenant shall pay Operating Costs for the Expansion Space on the same terms and conditions set forth in Section 4 of this Sublease, provided that Subtenant's Percentage Share shall be increased appropriately to account for the addition of the Expansion Space.
▇(iii) The Security Deposit will be increased by an amount equal to:
(A) if Subtenant delivers its Exercise Notice prior to the first (1st) anniversary of the Commencement Date, six (6) months' Base Rent initially payable for the Expansion Space; or
(B) if Subtenant delivers its Exercise Notice following the first (1st) anniversary of the Commencement Date, (x) six (6) months Base Rent payable for the Expansion Space multiplied by (y) a fraction, the numerator of which is the number of complete or partial calendar months remaining in the Term as of the date Subtenant delivers its Exercise Notice and the denominator of which is forty (40) (the "Fraction"). ▇▇▇▇▇▇ restricts Subtenant will deliver such increased portion of the Security Deposit prior to Subtenant's occupancy of the Expansion Space (but Subtenant's failure to individuals enrolled at ▇▇▇▇▇▇▇▇ Universitytimely deliver such increased portion of the Security Deposit will not postpone the commencement of Subtenant's obligation to pay Base Rent for the Expansion Space). Any exception such additional Security Deposit will be subject to this must be granted in writing by The ▇▇▇▇▇ management. Payment reduction to an amount equal to forty percent (40%) of rent by third parties shall not give third party any constructive or possessory rights the initial additional Security Deposit amount as, when and if the initial Security Deposit is reduced pursuant to the leased premisesSection 5(c) above.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 2 contracts
Sources: Sublease Agreement (Epocrates Inc), Sublease Agreement (Epocrates Inc)
Rent. A. LESSEE agrees (a) Lessee shall pay rent during the term of this Lease comprising a monthly reservation fee (the "Monthly Reservation Fee"), plus a base rent amount ("Base Rent"), as follows:
(i) the Monthly Reservation Fee shall be (A) *** per month during the first year of the term hereof; and (B) *** per month during the second and third years of the term hereof; and
(ii) the Base Rent shall be (A) *** per month during the first year of the term hereof; (B) *** per month during the second year of the term hereof; and (C) *** per month during the third year of the term hereof. The Base Rent, the Monthly Reservation Fee, the Acquired Site Rent, the Excess Site Rent (defined below), and the Discovered Site Rent (defined below), are collectively referred to pay as rent for "Rent" as adjusted. Rent shall be paid in advance on a monthly basis, commencing on the aforesaid premises first full day of the full calendar month first occurring after the Effective Date and residence privileges continuing on the sum first day of $9,399.00each month thereafter during the term hereof. Said sum The Base Rent, Monthly Reservation Fee and Acquired Site Rent shall be owed by Lessee to Lessor without regard to whether the actual number of Sites leased or occupied by Lessee, or whether Lessee has met the Site Commitment, and without offset or reduction in any manner, except as expressly provided herein regarding undisputed Removed Sites and regarding undisputed Relocation Allowance amounts. The Monthly Reservation Fee shall be paid by LESSEE Lessee to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent Lessor for housing rent and late feesLessor's agreement to allow Lessee to add Additional Sites, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing the terms described elsewhere herein. All of the fees and payment schedule. There costs associated therewith shall be deemed included in the Monthly Reservation Fee.
(b) If Lessee occupies a number of Sites in excess of the applicable Site Commitment, Lessee will be obligated to pay Lessor rent for all such excess Sites (the "Excess Site Rent") on the same date as all other Rent is paid and in addition thereto, an amount equal to the following rate per excess Site (the "Arch Rate").
(A) For each One-Way Site: *** per month (provided the *** per month rate shall be increased to *** effective July 1, 2003 and to *** effective July 1, 2004), except if a $30.00 service charge Net Excess Watt Unit is used at a One-Way Site the rate shall be *** per month for any check returned Site (provided the *** per month rate shall be increased to *** effective July 1, 2003 and to *** effective July 1, 2004).
(B) For each Two-Way Site: *** per month (provided the *** per month rate shall be increased to *** effective July 1, 2003 and to *** effective July 1, 2004).
(c) If a Site becomes a Removed Site and the Removed Site Conditions are satisfied regarding such Removed Site, then subject to and in accordance with the terms of this Section 3(c), the applicable portion of the Rent otherwise owed for such Site shall not be owed, commencing effective on the date on which such Site became a Removed Site hereunder. If a Site becomes a Removed Site as provided herein under the circumstances described in: (i) Section 1(d), then the applicable portion of the Rent for such Removed Site shall be reduced in an amount equal to the greater of the Arch Rate, or if as a result of such removal and lack of a Replacement Site Lessee relocates to a Functionally Equivalent non-Lessor site, the average of the Arch Rate and the rate paid by Lessee for such non-Lessor site; (ii) in Sections 5(d)(ii), 10(a) and 10(b), 11 or 21(a), if the Site Commitment is (A) met at the time, the Excess Site Rent for such Removed Site shall not be owed, or (B) not met at the time, the applicable portion of the Rent for such Removed Site shall be reduced by the bank for any reasonPro Rata Amount (defined in Section 24).
(d) From and after the date that is three (3) months after the Effective Date, if either party learns of or discovers that Lessee has equipment at a space on a Site hereunder or on a site elsewhere in Lessor's network, and such space or site is not then described in and subject to a Site Schedule as a Site under this Lease but was occupied by Lessee before the Effective Date (a "Discovered Site"), Lessor or Lessee, as the case may be, will provide prompt notice in writing to the other party of such Discovered Site, together with a description of the equipment thereon. LESSEE agrees If at such time Lessee has met the minimum Site Commitment, Lessee shall be required to pay rent for such Discovered Site to Lessor ("Discovered Site Rent") for the amount period beginning retroactively to the Effective Date until Lessee removes its equipment from the Discovered Site, at a monthly rate equal to (1) 75% of the returned check plus service charge within 3 daysArch Rate if Lessee first notifies Lessor of the Discovered Site, or (2) 125% of the Arch Rate if Lessor first notifies Lessee of the Discovered Site. Upon LESSEE’S breach Within thirty (30) days following the date a party provides written notice hereunder of any term hereundera Discovered Site, payments due Lessee, at its option, must either remove the subject equipment and restore such Discovered Site to its original condition, normal wear, tear and Casualty excepted, or enter into a Site Schedule for such Discovered Site. If a Site Schedule is entered into for a Discovered Site, such site shall constitute a Site hereunder and shall be included in the calculation of the applicable Site Commitment.
(e) Lessee shall pay all amounts that are accelerated and become immediately due and owing directly to LESSORLessor hereunder by wire transfer or ACH credit to Lessor's account as identified by Lessor, or at Lessee's option, by Lessor ACH debit of Lessee's account as identified by Lessee, no later than the first business day of each calendar month with respect to which it is payable. Service fees shall be deemed unpaid rent for If payment (including any applicable late fee) is not received when due, Lessor has the purposes option to charge a late fee equal to 5/6% per month of the five amount due, but no such late fee will apply to reasonably disputed charges.
(5f) day statutory notice requirement Lessee shall pay all sales or use taxes, fees, and assessments applicable to Rent or as a direct result of Lessee's equipment being located on or Lessee's use of the Leased Premises, but in no event shall Lessee be responsible for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from any local, state or federal capital levy, franchise tax, or revenue tax on profits of Lessor.
(g) As part of the LESSEE to LESSOR consideration hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to , throughout the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing term of this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure Lessee shall provide at no charge to meet the LESSEE’S financial obligations pursuant to this Lease may result Lessor, ten (10) two-way paging devices and related paging services in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant 50,000 character/month per device (with $.0006 character/month charge for excess usage). The use of such devices will be subject to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of Lessee's standard terms and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowconditions.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 2 contracts
Sources: Master Antenna Site Lease (Global Signal Inc), Master Antenna Site Lease (Global Signal Inc)
Rent. A. LESSEE agrees to pay as rent for the aforesaid premises and residence privileges the sum of $9,399.0010,655.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Lease Agreement
Rent. A. LESSEE agrees 4.1 The consideration payable by Subtenant for the Premises shall consist of the Base Rent under Section 4.2, the Additional Rent under Section 4.3 and the Other Charges under Section 4.4. Base Rent, Additional Rent and Other Charges are collectively referred to as "Rent." Subtenant's covenant to pay as rent Rent shall be independent of every other covenant in this Sublease.
4.2 Beginning on the Commencement Date and continuing thereafter on the first day of each month during the Term, Subtenant shall pay to Sublandlord in advance, and without notice, demand, deduction or offset, the monthly Base Rent specified in the Basic Sublease Provisions. Base Rent for any partial month will be prorated, based on a thirty (30) day month. Subtenant shall pay the first full month's Rent on the Execution Date, and if the Commencement Date is not the first day of the month, then Subtenant shall pay the prorated Rent for the aforesaid premises and residence privileges first partial month on the sum Commencement Date.
4.3 Throughout the Term, Subtenant also shall pay as "Additional Rent" an amount equal to Subtenant's Share (as specified in the Basic Sublease Provisions) of $9,399.00all additional rent payable by Sublandlord under the Master Lease, insofar as applicable to the period encompassed by the Term, to reimburse Master Landlord for taxes, insurance, operating expenses, common area maintenance charges, management fees, capital expenditures for required repairs or improvements, and/or other expenses incurred by Master Landlord in connection with the Building (collectively, "Master Lease Pass Through Costs"). Said sum To the extent Master Lease Pass Through Costs are payable on a monthly estimated basis, the Additional Rent in respect thereto shall be paid by LESSEE as and when Base Rent is due based on Master Landlord's estimates; and upon any reconciliation of estimated and actual Master Lease Pass Through Costs, the corresponding Additional Rent shall be adjusted between Sublandlord and Subtenant (with appropriate reimbursements or additional payments) within twenty (20) days after delivery to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach Subtenant of any term hereunderreconciliation statement under the Master Lease. For purposes of calculating Additional Rent, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees Sublandlord shall be deemed unpaid rent for the purposes entitled to rely conclusively on Master Landlord's determination of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges estimated and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this actual Master Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowPass Through Costs.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease (E Centives Inc)
Rent. A. LESSEE agrees Sub-Sublessee shall pay Sub-Sublessor rent on a monthly basis equal to pay as rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum the "Premium Fees" and the "Mutual Fund Fees" (each as hereinafter defined).
A. Subject to the following paragraph, the "Premium Fees" for each month shall be a percentage, as set forth below, of an amount equal to the aggregate value of all Purchasers' premiums paid during said month. The applicable percentage shall depend upon the "Aggregate Net Premiums" as of the end of the immediately preceding month. For purposes of this Sub-Sublease Agreement, the term "Aggregate Net Premiums" shall mean the total of all insurance and annuity premiums paid by LESSEE Purchasers from the inception of the Agreement to ▇▇▇▇▇▇▇▇ Universitythe end of the most recent month, as LESSOR’S designated collection/billing agent for housing rent less all amounts (other than accumulated investment yield) withdrawn by Purchasers to that date. The Premium Fee shall be payable to Sub-Sublessor within 10 days following the end of the month in which said payments in respect of premiums paid by Purchasers are received by Sub-Sublessee. In the event that any Purchaser surrenders a Nondeposit Product during the chargeback period, the Nondeposit Product provider will chargeback some or all of the front-end sales commission paid at the time the Nondeposit Product was sold (a "Chargeback"), and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There Sub-Sublessor agrees that it will be a $30.00 service charge responsible for its pro rata share of any Chargeback to the extent it received Premium Fees with respect to the original premiums sold. The Premium Fees due hereunder shall be reduced as provided herein for any check returned by the bank for any reasonsuch surrender. LESSEE agrees All reductions due to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund Chargebacks shall be made of any prein the same proportion and under the same circumstances as such Chargebacks are applied to Sub-paid rentSublessee's account by the applicable Nondeposit Product provider.
Appears in 1 contract
Sources: Nondeposit Investment Sales Agreement (JMC Group Inc)
Rent. A. LESSEE agrees (a) Tenant covenants to pay to Landlord, as rent for the aforesaid premises Premises during the Interim Term and residence privileges the sum Primary Term of $9,399.00this Lease, the amounts set forth on EXHIBIT 5-1 hereto, and during each Extended Term the amounts determined pursuant to EXHIBIT 5-2 hereto, and during a Short-Term Extension Period the amounts determined below (herein called the "BASIC RENT") in monthly installments in advance on the first day of each calendar month (herein called the "BASIC RENT PAYMENT DATES") by wire or other electronic transfer of immediately available funds to the Landlord at the address set forth above and/or to such other person or such other place or account at Landlord from time to time may designate to Tenant in writing; provided, Landlord may designate to Tenant in writing that all of the monthly Basic Rent be paid directly to a Mortgagee. Said sum The monthly Basic Rent during the Short-Term Extension Period, if any, shall be paid by LESSEE at the rate of the monthly Basic Rent payable for the last full calendar month prior to ▇▇▇▇▇▇▇▇ Universitythe commencement of the Short-Term Extension Period. Subject to the second sentence of subparagraph 7(a), Tenant shall pay when due all taxes payable on Basic Rent and Additional Rent (as LESSOR’S designated collection/billing agent defined below), whether imposed on Landlord or Tenant, including without limitation, all sales taxes on such Basic Rent and Additional Rent, but calculated as if the Basic Rent and the Additional Rent were the sole income of Landlord.
(b) Tenant covenants that all other amounts, liabilities and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease together with every fine, penalty, interest and cost which may be added for housing rent and nonpayment or late fees, payment thereof in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedulethis Lease, shall constitute additional rent hereunder (herein called "ADDITIONAL RENT"). There will be a $30.00 service charge for In the event of any check returned failure by the bank for any reason. LESSEE agrees Tenant to pay or discharge any Additional Rent, Landlord shall have all rights, powers and remedies provided herein or by law in the case of nonpayment of Basic Rent. Tenant also covenants to pay to Landlord on demand an amount (the "LATE CHARGE") equal to four percent (4%) of the returned check plus service charge within 3 days. Upon LESSEE’S breach payment amount then due on all installments of any term hereunder, payments due hereunder Basic Rent or Additional Rent which are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the more than five (5) day statutory notice requirement for unpaid rentdays overdue, to cover Landlord's administrative expenses. Any payments received from LESSEE shall first The actual amount of Landlord's administrative expenses arising by reason of a later payment will be applied difficult to service charges ascertain and utilities owed the parties agree that the Late Charge as calculated above is a reasonable estimate thereof. In addition, Tenant further covenants to pay to Landlord on demand interest at the per annum rate of interest equal to five percent (5%) plus the "prime rate" as reported by the WALL STREET JOURNAL, or at the maximum rate permitted by applicable law, whichever is less, on all overdue Basic Rent and Additional Rent from the LESSEE date due until such amount is paid in full. If the WALL STREET JOURNAL discontinues publication or publication of "prime rate," then Landlord shall substitute a comparable prime rate. Notwithstanding the two prior sentences of this subparagraph 5(b) to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University the contrary, so long as any debt secured by inserting his a first Mortgage against the Premises remains outstanding (including such debt as exists on the date hereof and any such debt incurred in the future), the rate of interest that shall apply under this Lease to all overdue Basic Rent and Additional Rent shall be the least of (i) the maximum rate permitted by applicable law, (ii) fourteen percent (14%) per annum, and (iii) the interest rate applicable to late payments of interest or her initials following principle due with respect to such debt (which interest rate under the existing first Mortgage, is referred to as the "Default Rate"); said lowest rate described in clauses (i), (ii) and (iii) being referred to as the "Mortgage Default Rate"; provided, however, such Mortgage Default Rate shall only apply thereto while Landlord is obligated to pay interest at the Default Rate on said Mortgage debt (and at all other times the rate described in the two prior sentences of this paragraph subparagraph 5(b) shall continue to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of overdue Basic Rent and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowAdditional Rent).
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Lease Agreement (Perry-Judds Inc)
Rent. A. LESSEE Sublessee shall pay to Sublessor rent for the Subleased ---- Premises equal to all rent payable by Sublessor under the Prime Lease (excluding rent payable pursuant to Rider No. 2 of the Prime Lease) multiplied by a fraction with the numerator being the number of rentable square feet in the Subleased Premises and the denominator being the total number of rentable square feet of the Premises under the Prime Lease (excluding space leased pursuant to Rider No. 2 of the Prime Lease) ("Sublessee's Share"). Sublessee's Share of base rent payable to Sublessor shall be the monthly sum of $____________ payable in advance on the first day of each month, commencing with the first payment on _____________, 1999 and continuing on the first day of each calendar month thereafter until September 1, 1999, on which date such monthly sum shall be increased to $______________ and such sum shall be payable to Sublessor on the first day of each calendar month thereafter without demand so long as this Sublease remains in effect. The rent due for any fractional month during the term of this Sublease shall be prorated based on the number of days in such month. Sublessee shall pay as additional rent Sublessee's Share of operating expenses and any other payment of rent or other payments required to be made by Sublessor under the terms of the Prime Lease. Additionally, Sublessee agrees to pay as rent to Sublessor an amount equal to Sublessee's Share of Sublessor's total expenses for security services incurred with respect to the aforesaid premises and residence privileges Premises under the sum of Prime Lease. The initial monthly payment for security services shall be $9,399.00______________. Said Such sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by payable on the bank for any reason. LESSEE agrees to pay the amount due date of the returned check plus service charge within 3 daysfirst monthly installment of rent payable to Sublessor under this Sublease and security expenses for fractional months shall be prorated. Upon LESSEE’S breach any change in the cost of any term hereundersecurity services, payments due hereunder are accelerated Sublessor shall notify Sublessee of such change and become immediately due and owing directly to LESSOR. Service fees Sublessee shall be deemed unpaid rent for the purposes pay Sublessee's Share of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed such revised amount from the LESSEE date of change in the cost of such services and Sublessee shall pay to LESSOR hereunderSublessor the revised monthly amount for security services. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University All sums payable by inserting his or her initials following this paragraph Sublessee to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations Sublessor pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant Paragraph 3 are hereinafter referred to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid "rent."
Appears in 1 contract
Rent. A. LESSEE agrees Collected rent, including, without limitation, fixed rent, prepaid rent, additional rent and percentage rent, if applicable, shall be apportioned as of the Closing Date in accordance with the provisions of this Paragraph 6. With respect to pay as any rent arrearages arising under the Existing Leases for the aforesaid premises and residence privileges period prior to the sum of $9,399.00Closing Date, Buyer shall pay to Seller any rent or payment actually collected after Closing which is designated as applicable to the period preceding the Closing Date. Said sum All rent under the Existing Leases collected by Buyer after Closing that is not so designated shall be applied first to the current month’s rent, then to unpaid rent accruing prior to the Closing Date and then to unpaid rent accruing on or after the Closing Date. During the nine (9) month period following Closing, Buyer shall use good faith commercially reasonable efforts to recover any rent (or other tenant charge) arrearages in respect of the period prior to the Closing Date, provided that Buyer shall not be required to incur any material cost or commence any legal proceeding in connection therewith. Seller (upon notification to Buyer) shall be entitled to s▇▇ a tenant, before and/or after Closing, for any delinquent rent (or other tenant charges) due to Seller (and not previously paid to Seller) under an Existing Lease, so long as such suit does not seek a termination of such Existing Lease or eviction of such tenant. In addition, except for the right to commence litigation in all matters relative thereto, whether before or after Closing, Seller expressly assigns to Buyer all rights to collect on behalf of Seller all amounts due or owed by LESSEE to Urban Investment Trust, Inc. and J▇▇▇ ▇▇▇▇▇▇▇▇ Universitypursuant to that certain Stipulation dated April 22, as LESSOR’S designated collection/billing agent for housing rent 2004 entered into by Seller, Urban Investment Trust, Inc. and late fees, in accordance with J▇▇▇ ▇▇▇▇▇▇▇▇ University’s published invoicing in connection with the settlement of certain lease claims of Seller against Urban Investment Trust, Inc. and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes J▇▇▇ ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph (the “Settlement Agreement”). Buyer shall promptly remit all such payments to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowSeller upon receipt.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Agreement of Sale (Hines Real Estate Investment Trust Inc)
Rent. A. LESSEE The Sublessee covenants and agrees to pay to the Sublessor, or as the Sublessor may in writing direct, in lawful money of Canada, without any claim, set-off, compensation or deduction whatsoever, the aggregate of the following sums:
(a) dollars ($) being rent for in respect of each year or part of a year of the aforesaid premises Term as set out in Schedule C and residence privileges payable in advance on the sum date of $9,399.00. Said sum this Sublease; and
(b) Additional Rent, which shall be paid payable as and when required pursuant to the terms and conditions of this Sublease. The Sublessor has been advised by LESSEE its legal counsel that the sublease of the Leased Premises is not subject to ▇▇▇▇▇▇▇▇ UniversityGoods and Services Tax (“GST”). If it is determined that the disposition by the Sublessor to the Sublessee of the sublease interest in the Leased Premises is subject to GST, the Lessor will pay the GST provided that the Sublessee promptly executes and returns, at no cost to the Sublessor, any and all documents required by the Sublessor, to assign and transfer to the Sublessor any New Housing Rebate that might apply in respect of the sublease of the Leased Premises. The Sublessee hereby irrevocably assigns and transfers to the Sublessor any New Housing Rebate, or refund, or reduction of GST to which Sublessee may be entitled, and authorizes the Sublessor and its agents to apply for and collect any such rebate, refund or reduction. The Sublessor irrevocably appoints the Sublessee and the Sublessee’s authorized signatories as attorney of the Sublessee to execute, on behalf of the Sublessee, all such documents. If it is determined that the Sublessee’s use of the Leased Premises results in Rent being subject to GST, the Sublessee will pay to the Sublessor such GST amounts, when due, as LESSOR’S designated collection/billing agent for housing rent and late feesAdditional Rent. Any purported set-off, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned withholding or deduction of Rent by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees Sublessee shall be deemed unpaid rent for to be a breach of this Sublease, and entitle the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied Sublessor, at its option, to service charges and utilities owed from the LESSEE exercise any right or remedy available to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations it pursuant to this Lease may result Sublease or at law. The Sublessee will have no right to a refund of, and the Sublessor will not be liable to the Sublessee for refunding, any Rent in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to event of the University Student Disclosure Statement a copy termination of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowthis Sublease.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease Agreement
Rent. A. LESSEE As consideration for the use and enjoyment of the Assets, the Lessee has the unconditional obligation to pay to the Lessor the Total Rent specified in the Lease Exhibits, within the terms and in the amounts set forth in the Payment Schedule. Since the term of the leases referred to in the exhibit to this lease is a Fixed Term, the Lessee shall pay the full amount of rent in accordance with the provisions of Articles 2463 and 2464 of the CCF. In addition, the Lessee agrees to pay to the Lessor related financial charges provided in each Lease Exhibit, if any, including without limitation Expenses, insurance or surety bond premiums, deductibles, taxes, etcetera. The Lessee shall pay Rent and applicable related financial charges as rent for follows:
a. By payment of Rent on the aforesaid premises dates indicated in the Payment Schedule included in each Lease Exhibit;
b. The Lessor shall issue and residence privileges send to the sum of $9,399.00. Said sum shall be paid by LESSEE Lessee the invoices corresponding to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, each Rent in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned the Payment Schedule set forth in the Lease Exhibits, to the address of the latter or through the email address(es) indicated in the Lease Exhibits, under the heading “Email”, as indicated by the bank Lessee for any reason. LESSEE such purpose, at the option of the Lessor and in accordance with the provisions of applicable tax laws in effect at the time that the invoice in question is issued;
c. Notwithstanding the sending of invoices as provided in the paragraph above, the Lessee shall pay the respective Rent to the Lessor as indicated in the applicable Payment Schedule;
d. The Lessee agrees to pay the Lessor VAT on the amount of Rent and on those other items or amounts for which such tax is incurred at the returned check plus service charge within 3 daysapplicable rate under applicable tax provisions. Upon LESSEE’S breach Prepayments of the Consideration will not be subject to any term hereunderpenalty, will remain as credit balance, without the right to request reimbursement or refund thereof, and may be applied pursuant to Clause Nine of this Agreement. If prepayments are intended to settle the Consideration, such payments will be applied monthly on the due hereunder are accelerated date, hence such prepayments will not generate any invoice, and become immediately due and owing directly the Lessor will only be required to LESSOR. Service fees shall be deemed unpaid rent issue the invoice for the purposes Consideration and/or charges generated in the month in which they are collected. Prepayments will bear any interest in favor of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowLessee.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Framework Lease Agreement (Murano Global Investments LTD)
Rent. A. LESSEE agrees (a) The Rent (specified in Section 1.1 hereof) and any additional rent or other charges payable pursuant to pay as rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum this Lease shall be paid payable by LESSEE Sublessee to Sublessor by mailing such rent payment to Genzyme Corporation, P.O. ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇-▇▇▇▇ University (▇▇ such other place as Sublessor may from time to time designate by inserting his or her initials following notice to Sublessee).
(b) Rent shall be payable in advance on the first (1st) day of each and every calendar month during the term of this paragraph Sublease.
(c) Rent for any partial month shall be paid by Sublessee to apply eligible funds received Sublessor at such rate on a prorata basis. Other charges payable by LESSEE pursuant to Federal Student Aid Sublessee on a monthly basis, as hereinafter provided, shall likewise be prorated.
(FSAd) programs to the rent All Rent and other amounts due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund Sublease shall be made without demand, offset or deduction. Sublessee shall be entitled to a fair and equitable share of all abatements of rent and rent adjustments set forth in the Prime Lease which Sublessor has been granted with respect to the Premises.
(e) Sublessee represents and Sublessor acknowledges that, as of the Commencement Date and for the period of approximately six months thereafter, Sublessee expects to use the approximately 2,638 rentable square foot portion of the Premises identified on Exhibit A as the "Expansion Space" for only limited purposes. Accordingly, Sublessor hereby agrees that Sublessee shall have no obligation to pay any pre-paid rent with respect to the Expansion Space until May 1, 1997. From and after May 1, 1997, however, full rent shall be due and payable with respect to the Expansion Space. Sublessor shall provide Sublessee with such "free rent" for the Expansion Space by applying to Sublessee's rental account for each month that Sublessee qualifies for free rent, a credit in the amount of $8,353.67.
(f) It is the intention of the parties that Rent payable by Sublessee under this Sublease shall be a "gross rent" that includes amounts on account of base rent, utilities, operating expenses and real estate taxes payable by Sublessee to Sublessor; i.
Appears in 1 contract
Sources: Sublease (Dyax Corp)
Rent. A. LESSEE On the date that Tenant executes this Lease, Tenant shall deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the first month Tenant is required to pay Base Rent), the Additional Security Deposit as described in Section 4, and all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 of this Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Base Rent described in the Basic Lease Information, payable in advance at Landlord's address specified in the Basic Lease Information on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of the Lease. In addition to the Base Rent set forth in the Basic Lease Information, Tenant shall pay Landlord in advance on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease, as rent Additional Rent, Tenant's Share of Operating Expenses. Tax Expenses, Common Area Utility Costs, and Utility Expenses, as well as the Administrative Expenses, Tenant shall also pay to Landlord as Additional Rent hereunder, immediately on Landlord's demand therefor, any and all costs and expenses incurred by Landlord to enforce the provisions of this Lease, including, but not limited to, costs associated with the delivery of notices, delivery and recordation of notice(s) of default, attorneys' fees, expert fees, court costs and filing fees (collectively, the "Enforcement Expenses"). The term "Rent" whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the aforesaid premises waiver of the requirement to pay rental payments shall only apply to waiver of the Base Rent and residence privileges Tenant shall otherwise perform all other obligations of Tenant required hereunder. The Rent for any fractional part of a calendar month at the sum commencement or termination of $9,399.00the Lease term shall be a prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. Said sum The prorated Rent shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ Universityon the Commencement Date and the first day of the calendar month in which the date of termination occurs, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE case may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowbe.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees Sublessee shall pay to Sublessor as base rent (without any deduction, setoff, notice or demand, except as otherwise allowed hereunder) for the Premises the number of rentable square feet (18,161) multiplied by the monthly base rent per rentable square foot specified in the following table, due in advance on the first day of each calendar month of the Term. Through May 31, 2001 $3.25 June 1, 2001 to May 31, 2002 $3.348 June 1, 2002 to May 31, 2003 $3.448 June 1, 2003 to May 31, 2004 $3.558 Sublessee shall prepay June 2001 rent to Sublessor upon Sublease execution. Rent for a partial calendar month at the beginning or end of the Term shall be prorated on a per diem basis. Sublessee shall pay to Sublessor 72.56% (“Sublessee’s Pro Rata Share”) of Sublessor’s share of Excess Expenses, but only to the extent such Excess Expenses are fairly allocable to Sublessee’s use of the Premises or Shared Space. Such payment shall be due when such Excess Expenses are payable by Sublessor to Lessor. If Lessor makes adjustments between estimated and actual Excess Expenses under the Master Lease, the obligations of Sublessor and Sublessee shall be similarly adjusted; and to the extent any such adjustment occurs after the Term, this paragraph shall still apply. Sublessee shall be entitled to Sublessee’s Pro-Rata Share of any refund by Lessor of any overpayment of Excess Expenses relating to any period during the Term. Sublessor shall, upon Sublessee’s request, provide to Sublessee copies of Lessor’s statements of actual or estimated Excess Expenses during the Term. If the Lessor separately meters the electricity for the Master Premises and Premises, the parties shall make appropriate adjustments to the Excess Expenses and then allocate the metered electricity expenses based on the parties’ respective equipment’s amperage draw in the server room. In addition, either party may request the installation of separate electrical metering between the Premises and the Master Premises and the respective uses of the Shared Space, with the costs of such metering to be borne equally by both parties. The party requesting the metering shall be responsible for its installation with repayment by the other party for its share of the costs and expenses of such metering to be paid within thirty (30) days of the completion of installation. Notwithstanding anything to the contrary contained in this Sublease (including, without limitation, provisions of the Master Lease incorporated into this Sublease), Sublessee shall not have any obligation to pay property taxes on any Leased Equipment or Shared Equipment (as rent for defined in the aforesaid premises and residence privileges the sum of $9,399.00Equipment Lease). Said sum Sublessee shall be paid by LESSEE make payments to Epinions, Inc., ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent attn: accounts receivable, or such other place as Sublessor may designate from time to time in writing. Sublessee shall also be required to pay any other Additional Rent charges under the Master Lease that are properly and late fees onlyfairly allocable to Sublessee’s use or occupancy of the Premises or Shared Space. LESSEE shall pay utilities as provided belowNotwithstanding anything to the contrary in the Sublease, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties Sublessee shall not give third party be required to pay any constructive additional rent or possessory rights perform any obligation that is (i) fairly allocable to any period of time prior to the leased premises.
D. Withdrawal Commencement Date of the Sublease or suspension from following the University shall not terminate expiration or sooner termination of the obligation Sublease or (ii) payable as a result of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident a default by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made Sublessor of any pre-paid rentof its obligations under the Master Lease.
Appears in 1 contract
Sources: Sublease (Extended Systems Inc)
Rent. A. LESSEE agrees Sublessee shall pay to pay Sublessor, at such place sublessor may from time to time designate, as rent monthly rental a sum equal to forty-two percent (42%) of the monthly rental payable by Sublessor to Landlord under the Master Lease for the aforesaid premises and residence privileges leased facilities, payable in advance starting on the sum Commencement Date on the 15th day of $9,399.00each month thereafter during the term of the Sublease. Said sum Regardless of whether Sublessee ceases to occupy portion of the Premises during the term of the Sublease, Sublessee shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees obligated to pay the full rental amount set above until the Sublease terminates or expires, provided, however, that at such time as Sublessee vacates ten thousand (10,000) square feet or more of the returned check plus service charge within 3 days. Upon LESSEE’S breach Premises, Sublessor shall adjust the monthly rental payable by Sublessee to Sublessor, one time only, as follows: Commencing on the next day that rent under Sublease becomes due after Sublessee vacates the premises as described above, Sublessee shall pay to Sublessor as monthly rental a sum equal to the product of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly 1) the monthly rental payable by Sublessor to LESSOR. Service fees shall be deemed unpaid rent Landlord under the Master Lease for the purposes leased premises and 2) the quotient of a) the remaining number of square feet of the five (5Premises being occupied by Sublessee and b) day statutory notice requirement for unpaid rentthe square footage of the Common Areas. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this LeaseFurther, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE Sublessee shall pay utilities as provided below, and shall pay the LESSOR twenty-five percent (The ▇▇▇▇▇, LLC25%) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights all utility charges incurred with respect to the leased premisesfacilities during the term of the Sublease upon demand by Sublessor. In addition, the parties agree to share common area maintenance and general operating costs, including, but not limited, to maintenance of the HVAC system, janitorial services, and other such costs, on an equitable basis.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Lease Agreement (Supertex Inc)
Rent. A. LESSEE (a) The Rent Commencement Date shall be May 1, 2004, Sublessee covenants and agrees to pay Sublessor during the term of this Sublease base rent (the “Base Rent”), without deduction or offset and without notice or demand, at the Sublessor’s address, as rent set forth in Paragraph 14 hereof, or to such other entity or at such other place as Sublessor may from time to time designate in writing as follows: 82 Months $ 24,800.00 $ 10.40
(b) In addition to Base Rent, Sublessee covenants and agrees to pay Sublessor during the term of this Sublease the following expense items (collectively, the “Additional Rent”): (a) beginning January 1, 2005, thirty three percent (33%) (“Sublessee’s Proportionate Share”) of any increase in the “Operating Expenses,” as defined in Section 4 of the Lease, incurred by Sublessor pursuant to the terms of the Lease, over the Operating Expenses incurred by Sublessor for the aforesaid premises calendar year 2004, which payments shall payable by Sublessee to Sublessor in such amounts and residence privileges in the sum same manner as Sublessor is obligated to Landlord for said expenses as set forth in Section 4 of $9,399.00the Lease; (b) beginning on the Commencement Date, any costs, fees or charges owed or payable by Sublessee pursuant to any services provided to Sublessee by Landlord or Sublessor, whether with or without Sublessor’s permission, that are directly related to the Sublet Premises, including, but not limited to electricity, excess electricity or other utilities and any overtime HVAC charges related to the Sublet Premises; and (c) beginning on the Commencement Date, such other sums of money as shall become due and payable by Sublessor to the Landlord pursuant to the Lease due to the actions or inactions of the Sublessee in default of this Sublease or the Lease. Said sum The Base Rent and Additional Rent are collectively referred to hereinafter as the “Rent.” Notwithstanding anything contained herein to the contrary, although Sublessee shall not be required to pay Sublessee’s proportionate share of Operating Expenses until January 1, 2005, Sublessee shall nevertheless be required to pay for any overtime charges, including, without limitation, electricity and HVAC, or any additional services used by it, as of the Commencement Date.
(c) Other than Sublessee’s obligation to pay Sublessee’s share of Operating Expenses, which obligation shall commence as of January 1, 2005, all other Rent shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ UniversitySublessor in advance, as LESSOR’S designated collection/billing agent on the first day of each and every month throughout the Term, commencing on the Commencement Date. If the Term shall commence or end on a day other than the first day of a month, then the monthly installments of Base Rent for housing rent the first and late feeslast partial month shall be prorated on a per diem basis. Upon the execution of this Sublease, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing Sublessee shall pay one monthly installment of Base Rent on account of the first full calendar month of the Term and payment schedule. There will be a $30.00 service charge prorated monthly installment of Base Rent for any check returned partial month of the Term that may precede such full calendar month, with the first such monthly payment of Rent being due and payable upon the execution and delivery hereof by the bank for any reasonSublessee to Sublessor. LESSEE agrees If Sublessee fails to pay the any installment of Rent within ten (10) days after same is due, such unpaid amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereundershall incur a five (5%) late charge, payments due hereunder are accelerated and become which amount shall be immediately due and owing directly payable to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rentSublessor. Any payments received from LESSEE sums not paid as required hereunder shall first be applied to service charges and utilities owed bear interest from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs due date until paid in full at a rate equal to the rent due under this paragraphlesser of (a) the highest rate announced from time to time as the prime interest rate by The Wall Street Journal plus three (3) percentage points; or (b) the maximum legal rate allowed by law. LESSEE If Sublessee makes two (2) consecutive payments of Rent which are returned to Sublessor by Sublessee’s financial institution for insufficient funds, Sublessor may cancel or modify this authorization at any time in writing with require, by giving written notice to LESSOR. [LESSEE’S INITIALS]. By signing this LeaseSublessee, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy that all future payments of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund Rent shall be made in immediately available funds by cashier’s check or by wire transfer. The foregoing is in addition to any other remedies of any pre-paid rentSublessor hereunder, at law or in equity.
Appears in 1 contract
Sources: Sublease (Encore Capital Group Inc)
Rent. A. LESSEE agrees The parties shall Prorate all Rent. Additionally, to pay as rent for the aforesaid premises and residence privileges extent received by Sellers prior to Closing, the sum of $9,399.00. Said sum shall following will be paid by LESSEE Sellers to ▇▇▇▇▇▇▇▇ Universitythe Partnership at the Closing: (i) prepaid rent; and (ii) any and all reimbursements or escalations due under Leases (collectively the “CAM/Tax Payments”) for utilities, as LESSOR’S designated collection/billing agent for housing rent insurance premiums and late feesoperating expenses (including, but not limited to, real estate tax payments and special assessments (collectively, “Operating Expenses”) received by Sellers from Tenants and properly allocable to the period, from January 1 of the calendar year in which the Closing occurs (the “Closing Year”) until the Closing Date, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing excess of amounts properly allocable against the CAM/Tax Payments for the Closing Year for (x) those documented amounts actually expended by Sellers for the payment of Operating Expenses during the period from January 1 of the Closing Year, until the Closing Date, and payment schedule(y) any documented Operating Expense amounts that Sellers have become obligated prior to the Closing Date to pay and that Sellers or any Seller agree they or it will pay subsequent to the Closing Date and Sellers agrees to indemnify and hold harmless the Partnership therefrom. There will If any Operating Expenses shall not be a $30.00 service charge for any check returned ascertainable by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunderClosing Date, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund estimate shall be made thereof based on 110% of the most recent bills therefor, with a reproration immediately upon receipt of the actual bills therefor, and Sellers will pay the Partnership, or the Partnership will pay Sellers, as the case may be, upon demand of the party entitled to such payment, any pre-paid rentamount due such party as a result of such reproration. The Partnership and Sellers agree to cooperate in determining the reproration of such Operating Expenses. The Partnership shall not be required to collect any delinquent rents due to Sellers from Tenants. Further, after the Closing Date, Sellers shall not have any right to pursue legal action against Tenants (or any guarantors) who have defaulted, prior to the Closing Date, under the Leases.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Investors Real Estate Trust)
Rent. A. LESSEE agrees Rent for the month of, and any month after, Closing collected by the Partnership prior to Closing shall be apportioned as of the Closing Date. If any tenant is in arrears in the payment of rent on the Closing Date, rents received from such tenant after the Closing shall be applied in the following order of priority: (a) first, to the payment of current rent then due; (b) second, to delinquent rent for any period after the Closing Date; and (c) third, to delinquent rent for any period prior to the Closing Date. Buyer shall either cause the Partnership to use reasonable efforts to collect (at no cost to Buyer or the Partnership), or shall assign to Sellers the right to collect, arrearages in rents due from tenants as of the First Closing Date. If rents or any portion thereof received by Sellers or the Partnership after the Closing Date are payable to the other party by reason of this allocation, the appropriate sum, less a proportionate share of any reasonable attorneys' fees, costs and expenses of collection thereof, shall be promptly paid to the other party, which obligation shall survive the Closing. If any tenants are required to pay as rent percentage rents, escalation charges for the aforesaid premises real estate taxes, operating expenses, cost-of-living adjustments or other charges of a similar nature ("Additional Rents") and residence privileges the sum of $9,399.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned Additional Rents are collected by the bank for Partnership after the Closing which are attributable in whole or in part to any reason. LESSEE agrees period prior to the Closing, then the Partnership shall promptly pay to Sellers the amount of such Additional Rents attributable to the returned check plus service charge within 3 daysperiod prior to the Closing, less a proportionate share of any reasonable attorneys' fees, costs and, expenses of collection thereof, and deliver to Sellers a statement therefor, if and when the tenant paying the same has made all payments of rents and Additional Rent then due to the Partnership pursuant to such tenant's Lease, which obligation shall survive the Closing. Upon LESSEE’S breach written request of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for Sellers (but only until the purposes time of the five (5) day statutory notice requirement for unpaid rent. Any payments received first reconciliation), Buyer shall cause the Partnership to provide Sellers with the then current periodic report of the status of collection of such Additional Rents from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowsuch tenants.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Agreement to Sell Partnership Interests (Corporate Office Properties Trust)
Rent. A. LESSEE agrees to pay as rent As annual fixed rental for the aforesaid premises and residence privileges Premises, Lessee shall pay to Lessor at its office in the sum City of $9,399.00. Said sum shall be paid by LESSEE to Duquesne at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC a sum equal to the monthly mortgage debt service related to the Premises multiplied by 1.1 (the excess of said sum over the monthly mortgage debt service is hereinafter called the "Debt Service Coverage") plus the sum of $7,559 (the "Parking Rent") payable in advance on the first business day of each calendar month beginning on the 1st day of the fifth full month following the Commencement Date (the "Fixed Rent") . The Debt Service Coverage shall be fixed as of the Commencement Date and remain the same throughout the Term or any renewal Term. Notwithstanding the foregoing, the Parking Rent will not be payable unless and until a certificate of occupancy has been issued for rent the Parking Facilities. Lessee hereby covenants and late fees only. LESSEE shall pay utilities as provided below, and shall agrees to pay the LESSOR Fixed Rent hereby reserved as and when due. Lessee further covenants and agrees to pay all sums of money, charges or other amounts required to be paid by the Lessee to the Lessor or to another person under this Lease (the "Additional Rent") in addition to the Fixed Rent provided for herein. Additional Rent shall also include the assumption by Lessee of all obligations including the maintenance obligations imposed on the lessee by URA pursuant to the Parking Lease and all costs of operating the parking facilities. The ▇▇▇▇▇Fixed Rent and Additional Rent are sometimes hereinafter collectively referred to as the "Rent." Lessee shall be in compliance with this Lease if, LLC) being directed in writing to do so, it pays the security deposit Rent, exclusive of the Parking Rent, directly to Dollar Bank, the holder of the first mortgage on the Premises, as provided below.
B. THIRD PARTY GUARANTY
▇and when due. ▇▇▇▇▇▇ restricts occupancy Further, Lessee shall be in compliance with this Lease if it pays the Parking Rent to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must URA or its designee as may be granted directed in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premisesURA.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Lease (Ansaldo Signal Nv)
Rent. A. LESSEE (a) The Rent Commencement Date shall be May 1, 2004, Sublessee covenants and agrees to pay Sublessor during the term of this Sublease base rent (the “Base Rent”), without deduction or offset and without notice or demand, at the Sublessor’s address, as rent set forth in Paragraph 14 hereof, or to such other entity or at such other place as Sublessor may from time to time designate in writing as follows: Period Monthly Base Rent Annual RSF 82 Months $ 24,800.00 $ 10.40
(b) In addition to Base Rent, Sublessee covenants and agrees to pay Sublessor during the term of this Sublease the following expense items (collectively, the “Additional Rent”): (a) beginning January 1, 2005, thirty three percent (33%) (“Sublessee’s Proportionate Share”) of any increase in the “Operating Expenses,” as defined in Section 4 of the Lease, incurred by Sublessor pursuant to the terms of the Lease, over the Operating Expenses incurred by Sublessor for the aforesaid premises calendar year 2004, which payments shall payable by Sublessee to Sublessor in such amounts and residence privileges in the sum same manner as Sublessor is obligated to Landlord for said expenses as set forth in Section 4 of $9,399.00the Lease; (b) beginning on the Commencement Date, any costs, fees or charges owed or payable by Sublessee pursuant to any services provided to Sublessee by Landlord or Sublessor, whether with or without Sublessor’s permission, that are directly related to the Sublet Premises, including, but not limited to electricity, excess electricity or other utilities and any overtime HVAC charges related to the Sublet Premises; and (c) beginning on the Commencement Date, such other sums of money as shall become due and payable by Sublessor to the Landlord pursuant to the Lease due to the actions or inactions of the Sublessee in default of this Sublease or the Lease. Said sum The Base Rent and Additional Rent are collectively referred to hereinafter as the “Rent.” Notwithstanding anything contained herein to the contrary, although Sublessee shall not be required to pay Sublessee’s proportionate share of Operating Expenses until January 1, 2005, Sublessee shall nevertheless be required to pay for any overtime charges, including, without limitation, electricity and HVAC, or any additional services used by it, as of the Commencement Date.
(c) Other than Sublessee’s obligation to pay Sublessee’s share of Operating Expenses, which obligation shall commence as of January 1, 2005, all other Rent shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ UniversitySublessor in advance, as LESSOR’S designated collection/billing agent on the first day of each and every month throughout the Term, commencing on the Commencement Date. If the Term shall commence or end on a day other than the first day of a month, then the monthly installments of Base Rent for housing rent the first and late feeslast partial month shall be prorated on a per diem basis. Upon the execution of this Sublease, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing Sublessee shall pay one monthly installment of Base Rent on account of the first full calendar month of the Term and payment schedule. There will be a $30.00 service charge prorated monthly installment of Base Rent for any check returned partial month of the Term that may precede such full calendar month, with the first such monthly payment of Rent being due and payable upon the execution and delivery hereof by the bank for any reasonSublessee to Sublessor. LESSEE agrees If Sublessee fails to pay the any installment of Rent within ten (10) days after same is due, such unpaid amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereundershall incur a five (5%) late charge, payments due hereunder are accelerated and become which amount shall be immediately due and owing directly payable to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rentSublessor. Any payments received from LESSEE sums not paid as required hereunder shall first be applied to service charges and utilities owed bear interest from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs due date until paid in full at a rate equal to the rent due under this paragraphlesser of (a) the highest rate announced from time to time as the prime interest rate by The Wall Street Journal plus three (3) percentage points; or (b) the maximum legal rate allowed by law. LESSEE If Sublessee makes two (2) consecutive payments of Rent which are returned to Sublessor by Sublessee’s financial institution for insufficient funds, Sublessor may cancel or modify this authorization at any time in writing with require, by giving written notice to LESSOR. [LESSEE’S INITIALS]. By signing this LeaseSublessee, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy that all future payments of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund Rent shall be made in immediately available funds by cashier’s check or by wire transfer. The foregoing is in addition to any other remedies of any pre-paid rentSublessor hereunder, at law or in equity.
Appears in 1 contract
Sources: Sublease (Encore Capital Group Inc)
Rent. A. LESSEE agrees (a) Commencing on January 1, 2018, Sublessee shall pay to pay Sublessor the following amounts as base rent for (the aforesaid premises “Base Rent”) during the Term of this Sublease: Dates Annual Base Rent Per Annum Monthly Base Rent Rent Per Square Foot
(b) Notwithstanding the foregoing, Sublessee shall make the first payment of Base Rent, together with the security deposit described below, at the time of Sublessee’s execution and residence privileges delivery of this Sublease to Sublessor. The Base Rent is intended to be absolutely net of any and all other costs and expenses that may be or become due and payable by Sublessor under the sum Prime Lease (except as otherwise expressly provided in paragraph (c) below), including without limitation Sublessor’s share of $9,399.00. Said sum Operating Expenses, the Property Management Fee and Personal Property Taxes payable by Sublessor to Prime Lessor under the Prime Lease, all of which shall be paid by LESSEE Sublessee as additional rent in addition to ▇▇▇▇▇▇▇▇ Universitythe Base Rent set forth above. Base Rent and additional rent shall sometimes be referred to as “Rent” in this Sublease. All Rent shall be due and payable in monthly installments in advance on the first day of each calendar month, without demand, deduction, counterclaim or setoff, except as LESSOR’S designated collection/billing agent for housing rent and late fees, expressly otherwise provided in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedulethis Sublease. There will be a $30.00 service charge Rent for any check returned partial month shall be prorated and paid on the first day of any partial month. Sublessee shall pay as additional rent for all other expenses for which Sublessor is or would be responsible under the Prime Lease.
(c) As additional rent, Sublessee shall pay all amounts for which Sublessor is required to pay to Prime Lessor under the Prime Lease in connection with the Sublease Premises (other than the Base Rent due under the Prime Lease and any Additional Rent payable by Sublessor to Prime Lessor pursuant to Section 29.4(f) of the bank for any reasonPrime Lease), including without limitation Sublessor’s share (as determined under the Prime Lease) of Operating Expenses, the Property Management Fee and Personal Property Taxes. LESSEE In addition to the Base Rent and additional rent, Sublessee agrees to pay to Sublessor all Sublessee Surcharges (as hereinafter defined) as further additional rent hereunder as hereinafter provided. As used herein, the amount term “Sublessee Surcharges” shall mean any and all amounts which become due and payable by Sublessor to the Prime Lessor under the Prime Lease, and which would not have become due and payable but for the acts and/or failures to act of Sublessee under this Sublease or which are otherwise attributable to the Sublease Premises, including, but not limited to: (i) any increases in the Prime Lessor’s fire, rent or other insurance premiums resulting from any act or omission of Sublessee, and (ii) any additional rent or charges under the Prime Lease payable by Sublessor on account of any other additional service as may be provided for or on behalf of Sublessee under the Prime Lease, or with the consent of the returned check plus service Prime Lessor, and (iii) the reasonable charges for any services that may be provided for Sublessee or the Sublease Premises hereunder where a separate charge is provided for. Sublessee shall pay any Sublessee Surcharge within 3 days. Upon LESSEE’S breach thirty (30) days after the presentation of a statement therefor by the Sublessor to Sublessee, provided that all payments of additional rent shall in any term hereunderevent be made to Sublessor (or, payments due hereunder are accelerated and become immediately due and owing directly if Sublessor directs in writing, to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the Prime Lessor) no later than five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs business days prior to the rent date on which the same will become due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this the Prime Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees The Trustee is not obligated to pay as any rent under this Site Lease. The consideration to the Site Lessor for the aforesaid premises and residence privileges right to use the sum Leased Property during the Site Lease Term is the deposit of $9,399.00proceeds of the Series 2017J Certificates into the Project Account held by the Trustee under the Indenture to finance the Project of the Site Lessor or a charter school for which the Site Lessor is the Chartering Authority. Said sum shall be paid by LESSEE The provisions of Article IV of this Site Lease are intended to ▇▇▇▇▇▇▇▇ Universityassure that the State or another lessee, as LESSOR’S designated collection/billing agent for housing rent and late fees, sublessee or assignee pays Additional Rent in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing the 2017J Lease or an amount equal to the Additional Rent that would have been paid under the 2017J Lease under another instrument executed and payment scheduledelivered pursuant to Article IV of this Site Lease. There will TITLE TO LEASED PROPERTY; ENCUMBRANCES, EASEMENTS, MODIFICATIONS, SUBSTITUTION, DAMAGE, PERSONAL PROPERTY Title to Leased Property. Title to the Leased Property shall be a $30.00 service charge for any check returned by held in the bank for any reason. LESSEE agrees to pay the amount name of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunderSite Lessor, payments due hereunder are accelerated subject to this Site Lease, the 2017J Lease and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes Sublease of the five (5) day statutory notice requirement Site Lessor or a charter school for unpaid rentwhich the Site Lessor is the Chartering Authority. Any payments received from LESSEE Limitations on Disposition of and Encumbrances on Leased Property. Except as otherwise permitted in this Article or Article VII or VIII hereof and except for Permitted Encumbrances, the Site Lessor shall first be applied not sell, assign, transfer or convey any portion of or any interest in the Leased Property or directly or indirectly create, incur or assume any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to service charges the Leased Property. Granting of Easements. The Site Lessor shall, at the request of the Trustee or the State consent to grants of easements, licenses, rights‑of‑way and utilities owed from other rights or privileges in the LESSEE nature of easements with respect to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph the Leased Property on the same terms and in the same manner as the Trustee is required to apply eligible funds received by LESSEE do so pursuant to Federal Student Aid (FSA) programs to Section 7.03 of the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this 2017J Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease Agreement
Rent. A. LESSEE agrees (a) Commencing on the date that is one hundred twenty (120) days after the Sublease Commencement Date (“Rent Commencement Date”), Subtenant shall, without deduction, demand, notice from Sublandlord, or right of offset, pay to pay Sublandlord for each month during the Sublease Term as annual basic rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, (“Basic Rent”) in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result set forth in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to following table: Rent Commencement Date through first day of calendar month following calendar month in which anniversary of Rent Commencement Date occurs (such period, “First Lease Year”) $13,306.88 12- month period following expiration of First Lease Year (“Second Lease Year”) $13,706.08 the University Student Disclosure Statement a copy period following Second Lease Year through Sublease Expiration Date $14,117.26 All payments of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund Basic Rent shall be made in lawful money of the United States, in advance on the first (1st) day of each calendar month during the Sublease Term, the first payment of Basic Rent to be made as of the date this Sublease is executed and applied against the first Basic Rent due hereunder. Payments in respect of a period less than a full calendar month shall be prorated based on the actual number of days in such month during the Sublease Term.
(b) Commencing on November 1, 2010 and continuing through the Sublease Term, in addition to payment of the Basic Rent, Subtenant shall pay to Sublandlord, as to each calendar year or portion thereof during the Sublease Term, as additional rent (“Passthrough Rent”), without deduction, demand, notice from Sublandlord, or right of offset, (i) Subtenant’s Percentage Share (as hereafter defined) of the amount by which Operating Expenses (as defined in the Lease) for such calendar year exceed Operating Expenses in calendar year 2010 (“Subtenant’s Expense Payment”) and (ii) Subtenant’s Percentage Share of the amount by which Tax Expenses (as defined in the Lease) for such calendar year exceed the Tax Expenses in calendar year 2010 (“Subtenant’s Tax Payment”). As used herein, “Subtenant’s Percentage Share” shall mean Four and 85/100 percent (4.85%) (7,097 divided by 146,189). At Subtenant’s request, Sublandlord shall deliver to Subtenant any pre-paid rentstatements, invoices, or other materials delivered to Sublandlord by or at the direction of Landlord with respect to the Passthrough Rent. Subtenant shall have no right to dispute the Operating Expenses and Tax Expenses once the same is agreed upon by or adjudicated, pursuant to any dispute mechanism is set forth in the Lease or applicable at law, by Sublandlord and Landlord. The obligations to make payments hereunder, which obligations arise during and relate to the period prior to termination or expiration of this Sublease, shall survive the termination or expiration of this Sublease.
Appears in 1 contract
Rent. A. LESSEE agrees Sublessee shall pay to Sublessor rent ("Fixed Rent") in the amounts listed on Exhibit C attached hereto. However, Sublessee shall phase into the Premises, effective May 1, 1998, on a stepped basis such that the Sublessee shall only pay as rent Fixed Rent for 15,000 rentable square feet during the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the first five (5) months of the Term, and pay Fixed Rent for 20,000 rentable square feet during months six (6) through eight (8) of the Sublease Term. Sublessee, shall pay Rent for the entire Premises (23,575 rentable square feet) beginning on January 1, 1999. Fixed Rent shall be paid monthly in advance on the first day statutory of each month during the term of this Sublease. Fixed Rent, Sublessee's share of the Operating Expenses, as defined in Section 4.2 of the Main Lease, and all other amounts ("Additional Charges") payable by Sublessee to Sublessor under the provisions of this Sublease or the provisions of the Main Lease shall be paid promptly when due, without notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed or demand therefor (unless Sublessor receives notice or demand therefor from the LESSEE Lessor under the Main Lease), and without deduction, abatement, counterclaim or setoff of any amount for any reason whatsoever. Rent for any partial month of the Sublease Term shall be prorated in the proportion that the number of days this Sublease is in effect during such month bears to LESSOR hereunderthe actual number of days in such month. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his If, based upon Lessor's statement of actual expenses or her initials following this paragraph to apply eligible funds received by LESSEE an audit performed pursuant to Federal Student Aid Paragraph 4.2(g) of the Main Lease (FSA) programs which audit Sublessor agrees to have performed, at Sublessee's expense, if requested by Sublessee in writing), Sublessee has underpaid or overpaid the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University amount of Rent owing pursuant to the University Student Disclosure Statement a copy Master Lease (as incorporated into this Sublease), Sublessee shall (as applicable) pay to Sublessor the amount of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSORsuch underpayment or, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE Sublessor shall pay utilities as provided below, and shall pay to Sublessee the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇amount of such overpayment. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE If Sublessor shall be liable responsible for any Additional Charges due under the aforesaid rents unless said space Main Lease which is leased not attributable to another resident Sublessee's use or occupancy of the Premises, no such Additional Charges shall be payable by LESSOR or unless LESSEE provides Sublessee, including, without limitation, Additional Charges incurred as a SUB-LESSEE suitable result of Sublessor's failure to LESSOR as here below providedprovide Lessor with timely payment of Rent. No refund All Rent payments, Operating Expenses and Additional Charges shall be made payable to Sublessor at the address set forth in Section 26 of this Sublease Agreement, or at such place as may be designated by Sublessor. Fixed Rent and Additional Charges shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth in Section 26 of this Agreement, or to such other person and/or at such other address as Sublessor may from time to time designate by written notice to Sublessee. No payment by Sublessee or receipt by Sublessor of any pre-lesser amount than the amount stipulated to be paid rent.hereunder shall be deemed other than on account
Appears in 1 contract
Sources: Sublease Agreement (Intervu Inc)
Rent. A. LESSEE agrees to pay as The rent reserved under this Sublease for the aforesaid premises Term hereof shall be and residence privileges consist of: (a) the sum Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of $9,399.00this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. Said sum All rent due and payable by Subtenant hereunder shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ Universitypromptly when due, as LESSOR’S designated collection/billing agent for housing rent without notice or demand therefor, and late feeswithout deduction, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge abatement, counterclaim or setoff of any amount or for any check returned reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by the bank for any reason. LESSEE agrees Sublessor to Subtenant of notice to pay the amount same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the returned check plus service charge within 3 daysUnited States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. Upon LESSEE’S breach No payment by Subtenant or receipt by Sublessor of any term hereunder, payments due lesser amount than the amount stipulated to be paid hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes other than on account of the five (5) day statutory notice requirement for unpaid rentearliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any payments received from LESSEE provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall first be applied deemed to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs refer to the rent Fixed Rent and Additional Rent due under this paragraphSublease, except as may otherwise be expressly provided herein. LESSEE may cancel If, in the event of a casualty or modify this authorization at any time in writing with notice condemnation, Sublessor is entitled to LESSOR. [LESSEE’S INITIALS]. By signing this a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, LESSEE is responsible for his or her financial obligations Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Lease. LESSEE’S failure to meet Sublease, provided that Subtenant’s possession of the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney Subleased Premises is affected by such casualty or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowcondemnation.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees to pay as rent (a) In using the Sublease Premises for the aforesaid premises Permitted Use, Subtenant shall regularly market and residence privileges promote the sum Sublease Premises to entrepreneurial business start-ups (“Business Start-Ups”) to locate and operate their businesses within the Sublease Premises. For purposes hereof, “Business Start-Ups” mean businesses that are newly formed and in the early stages of $9,399.00development and operation. Said sum shall be paid by LESSEE to The use of the Sublease Premises for such Business Start-Ups is the essential purpose of this Sublease, and promotes economic development and stimulates business and commercial activity in Addison. In using the Sublease Premises for the Permitted Use, Subtenant shall, at a minimum, conduct the same type and level of operations and functions at the Sublease Premises as it conducts, on the Sublease Effective Date, at its offices located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇, ▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to ▇▇▇▇▇. Those operations and functions are generally outlined and described at the rent due under this paragraph. LESSEE may cancel or modify this authorization Subtenant’s Internet website at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇.▇▇▇▇▇▇.▇▇ University pursuant and in Exhibit attached to this Sublease and incorporated herein. In facilitating Business Start-Ups, Subtenant will require those Business Start-Ups that locate within or use the Sublease Premises to pay a fee, the amount of which is based upon the extent of use by the Business Start-Up of the services to be provided to the University Student Disclosure Statement Business Start-Up by Subtenant (“Business Start-Up Fee”). As of the Effective Date, the opportunity offered by Subtenant to a copy Business Start-Up is referred to by Subtenant as a “membership,” and there are three levels of which LESSEE acknowledges receipt of membership (see Exhibit ) and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added a corresponding Business Start-Up Fee applicable to the LESSEE’S accountmembership level. ▇▇▇▇▇▇▇▇ University is During the authorized collection/billing agent for The ▇▇▇▇▇Term, LLC for rent and late fees only. LESSEE Subtenant shall pay utilities to Sublandlord an amount equal to ten percent (10%) of all Business Start-Up Fees received and/or collected by or on behalf of Subtenant (such amount being referred to herein as provided below, and “Base Rent”) in accordance with the following:
(i) Each month during the Term Subtenant shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing Sublandlord Base Rent calculated and based upon Business Start-Up Fees received and/or collected by The ▇▇▇▇▇ management. Payment or on behalf of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable Sublandlord for the aforesaid rents unless said space is leased to another resident by LESSOR immediately prior month (or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below providedpartial month, if applicable). No refund Such payment shall be made on or before the 10th day of any preeach month, with the first payment of Base Rent being due and payable on or before the 10th day of the month next following the month in which the Commencement Date occurs. Base Rent shall be payable without notice or demand and without set-paid rentoff, deduction, or abatement.
(ii) Simultaneously with the payment of Base Rent, Subtenant shall provide to Sublandlord a written statement that includes: (A) the name of each Business Start-Up,
Appears in 1 contract
Sources: Sublease Agreement
Rent. A. LESSEE agrees to (a) During the Term of this Lease, Lessee shall pay as basic rent for the aforesaid premises and residence privileges the sum ("BASIC RENT") of $9,399.0048,000.00 per year, payable in equal quarterly installments equal to $12,000.00 payable in arrears on the first day of each calendar quarter ("RENTAL PAYMENT DATE"). Said sum All Basic Rent shall be paid by LESSEE Lessee directly to ▇▇▇▇▇▇▇▇ UniversityAgent on behalf of Lessor, not later than 12:00 noon (Nashville, TN time) on each Rental Payment Date in Dollars, at such address as LESSOR’S designated collection/billing agent for housing rent Agent shall designate in a notice to Lessee. If any Rental Payment Date falls on a day that is not a Business Day, Basic Rent shall be due and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by payable on the bank for any reason. LESSEE agrees next succeeding Business Day.
(b) All amounts that Lessee is required to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations discharge pursuant to this Lease in addition to Basic Rent, together with every fine, penalty, overdue interest and cost which may result be added for nonpayment or late payment thereof, and all other amounts, liabilities and obligations of whatsoever nature relating to the Freezer Land, including, without limitation, those arising under any easements, restrictions, or other similar agreements affecting the Freezer Land or any adjoining property thereto, and all interest and penalties that may accrue thereon in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant event of Lessee's failure to pay such amounts when due, and all actual damages, reasonable and documented costs and expenses (including but not limited to reasonable and documented attorneys' fees and disbursements) which Lessor may incur by reason of any default of Lessee or failure on Lessee's part to comply with the terms of this Lease shall constitute additional rent hereunder (all of the foregoing, "ADDITIONAL Rent"). Lessee covenants (A) to pay the Basic Rent and the Additional Rent and (B) to observe, perform and comply with, and to suffer and permit no material violation of, the terms, covenants and conditions of this Lease. In the event of any failure by Lessee to pay or discharge any such Additional Rent, Lessor, except as may be otherwise provided herein, shall have all rights, powers and remedies provided for herein or by Applicable Law or otherwise in the case of nonpayment of Basic Rent. Lessee may pay Additional Rent in respect of amounts due to third parties directly to the University Student Disclosure Statement a copy Persons entitled thereto and such payment, if it fully discharges the claim of which LESSEE acknowledges receipt such third party, shall fully discharge Lessee's obligations with respect to such particular item of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowAdditional Rent.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Lease (O Charleys Inc)
Rent. A. LESSEE agrees (a) Lessee shall pay to pay Lessor in lawful money of the United States as fixed rent for the aforesaid premises Premises, the amounts set forth in Schedule B (Basic Rent) on the dates set forth therein (Payment Dates), at Lessor's address as set forth above, or at such other address or to such person as Lessor from time to time may designate.
(b) All amounts which Lessee is required to pay pursuant to this Lease (other than Basic Rent, amounts payable upon purchase of the Premises, amounts payable to maintain and residence privileges repair the Premises pursuant to paragraph 9, amounts payable for additions to and alterations of the Improvements pursuant to paragraph 10, amounts payable for restoration of the Improvements pursuant to paragraph 11 and amounts payable as liquidated damages pursuant to paragraph 18), together with every fine, penalty, interest and cost which may be added for non-payment thereof, shall constitute additional charges. Every fine, penalty, interest and cost which may be added for late payment of Basic Rent shall constitute additional rent. If ▇▇▇▇▇▇ shall fail to pay any such additional charges, additional rent or any other sum due hereunder when the same shall become due, Lessor shall have all rights, powers and remedies with respect thereto as are provided herein or by law in the case of $9,399.00. Said sum shall be paid by LESSEE non-payment of any Basic Rent which is then due and payable and shall, except as expressly provided herein, have the right to pay the same on behalf of ▇▇▇▇▇▇▇▇ University. Lessee shall pay to Lessor interest at the rate of 1% above the then rate of interest per annum on Lessor's financing of its interest in the Premises, as LESSOR’S designated collection/billing agent for housing or the highest amount not prohibited by law, which ever is less, on all overdue Basic Rent from the due date thereof until paid, and on all overdue additional charges, additional rent and late fees, in accordance with or other sums due hereunder paid by Lessor on behalf of Lessee from the date of payment by Lessor until repaid by ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees Lessee shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial perform all its obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of at its sole cost and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided belowexpense, and shall pay the LESSOR (The ▇▇▇▇▇all Basic Rent, LLC) the security deposit as provided belowadditional charges and additional rent and other sums due hereunder when due and payable, without notice or demand.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE ▇▇▇▇▇▇ agrees to pay as to Landlord the Minimum Monthly Rent on or before the first day of the first full calendar month of the term hereof and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof, except that the fourth month's rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall be paid upon the execution hereof. Rent for any period during the term hereof which is for less than one (1) month shall be a prorated portion of the monthly installation herein, based upon a thirty (30) day month. Rental shall be paid to Landlord, without deduction of offset in lawful money of the United States of America, which shall be legal tender at the time of payment to such person or place as Landlord may from time to time designate in writing. Any costs incurred by LESSEE Landlord in providing auxiliary aids or services or in undertaking barrier removal efforts as defined in and pursuant to the Americans With Disabilities Act of 1990 and the regulations promulgated thereunder, as the same may be amended or supplemented from time to time, or in any similar federal, state, or local law or ordinance which are directly attributable to or arise primarily from Tenant's use or occupancy of the Premises shall be deemed additional rent, and shall be paid in full by Tenant within 30 days after Landlord gives Tenant written notice that such cost has been incurred by Landlord. All charges and other costs and expenses which ▇▇▇▇▇▇ is required to pay hereunder, together with all interest and penalties that may accrue thereon in the event of Tenant's failure to pay such amounts (including interest and late charges), and all damages, costs and expenses which Landlord may incur by reason of any default of Tenant or failure on Tenant's part to comply with the terms of this Lease, including Landlord's reasonable attorneys' fees, shall be deemed to be additional rent and, in the event of nonpayment by ▇▇▇▇▇▇▇▇ University, Landlord shall have all rights and remedies with respect thereto as LESSOR’S designated collection/billing agent Landlord has for housing the nonpayment of Minimum Monthly Rent. This Lease is what is commonly called a "Net, Net, Net Lease", it being understood that the Landlord shall receive the rent set forth in this Paragraph 4, free and late feesclear of any and all other impositions, taxes, liens, charges or expenses of any nature whatsoever in accordance connection with ▇▇▇▇▇▇▇▇ University’s published invoicing the ownership, leasing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount operation of the returned check plus service charge within 3 daysPremises. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs In addition to the rent due under reserved by this paragraph. LESSEE may cancel , Tenant shall pay to the parties respectively entitled thereto all impositions, insurance premiums, operating charges, maintenance charges, construction costs and any other charges, costs and expenses shall constitute additional rent, and upon the failure of Tenant to pay any of such costs, charges or modify this authorization at any time expenses, Landlord shall have the same rights and remedies as otherwise provided in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased failure of Tenant to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid pay rent.
Appears in 1 contract
Rent. A. LESSEE agrees (a) Commencing on the Commencement Date and on the first (1st ) day of each month thereafter and continuing until the Initial Expiration Date, Subtenant shall pay to Sublandlord, for the use of Premises, annual “Base Rent” at a rate of Two Dollars and Sixty Cents ($2.60) per square foot of Rentable Area, for a total monthly amount of Eighteen Thousand Two Hundred Ninety Eight Dollars and Eighty Cents ($18,298.80) .
(b) Subtenant shall pay as rent “Additional Rent” any late fees and charges, Excess Utility Costs, Special Cleaning Services Charges or other charges owed by Subtenant under this Sublease. The Parties hereby acknowledge and agree that notwithstanding anything herein to the contrary, in no event shall the Additional Rent payable by Subtenant hereunder be deemed to include Tenant’s Proportionate Share of any increases in Insurance Costs, Operating Costs and/or Taxes as contemplated under Section 6.2 of the Lease and Sublandlord shall remain solely responsible for all such costs. In the aforesaid premises event any of the Lease Provisions that are incorporated into this Sublease contain references to Tenant’s Proportionate Share of Operating Costs and/or Taxes, such language shall be disregarded and residence privileges the sum of $9,399.00. Said sum deemed inapplicable to Subtenant’s obligations under this Sublease.
(c) Base Rent, Additional Rent and all other amounts payable by Subtenant hereunder (collectively, “Rent”), shall be paid by LESSEE Subtenant in United States legal tender, without any set-off or deduction whatsoever, to Sublandlord at the following address: Accesia, Inc. c/o The ▇▇▇▇▇▇▇▇ UniversityOrganization, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder▇▇▇▇▇▇ ▇▇, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC or to such other party or such other place as Sublandlord may from to time designate in writing to Subtenant.
(d) Base Rent for rent each month during the Sublease Term shall be due and payable in advance, on or before the first (1st) day of each month, without demand and without any set-off or deduction whatsoever. If Base Rent, Additional Rent, or any other sums payable by Subtenant to Sublandlord hereunder are not paid by Subtenant when such payment is due, Subtenant shall pay Sublandlord interest and late fees onlycharges on all overdue amounts as provided in Sections 33.8 and 33.9 of the Lease. LESSEE Notwithstanding the foregoing, Sublandlord will not assess a late charge until Sublandlord has given written notice of such late payment for the first late payment in any twelve (12) month period and after Subtenant has not cured such late payment within three (3) days from receipt of such notice. No other notices will be required during the following twelve (12) months for a late charge to be incurred. Rent for any partial month during the Sublease Term shall be prorated by dividing the number of days in such month that fall within the Sublease Term by the total number of calendar days in such month. Concurrently with the execution of this Sublease, Subtenant shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable Sublandlord Base Rent for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made first month of any pre-paid rentthis Sublease.
Appears in 1 contract
Rent. A. LESSEE agrees 4.1 The consideration payable by Subtenant for the Premises consists of the Base Rent specified in the Basic Sublease Provisions and Tenant’s Share (as defined in the Master Lease) of Operating Expenses and Tax Expenses (both as defined in the Master Lease) (“Additional Rent,” and collectively with the Base Rent, “Rent”). Sublandlord shall deliver to Tenant copies of the statements of Additional Rent and reconciliation statements provided to Sublandlord by Master Landlord. Except as may be expressly provided herein, Subtenant’s covenant to pay Base Rent and Additional Rent will be independent of every other covenant in this Sublease.
4.2 Beginning on March 1, 2022, and continuing thereafter on the first day of each month during the Term, Subtenant must pay to Sublandlord in advance, and without notice, demand, deduction or offset, the monthly Base Rent Commencing on the Commencement Date and continuing thereafter on the first day of each month during the Term, Subtenant must pay to Sublandlord in advance, and without notice, demand, deduction or offset, 1/12 of the Additional Rent. Sublandlord and Subtenant shall make reconciliation credits or payments, as rent for set forth in Section 7.f. of the aforesaid premises Master Lease, and residence privileges such obligation shall survive the sum expiration or earlier termination of $9,399.00this Sublease, except with respect to any reconciliation statement not delivered by Sublandlord to Subtenant within twelve (12) months after the expiration date of this Sublease. Said sum Sublandlord shall provide Annual Operating and Tax Expense statement to Subtenant within ten (10) business days follow receipt from Master Landlord.
4.3 All Rent must be paid to Sublandlord at the “Sublandlord’s Address for Payment of Rent” specified in the Basic Sublease provisions, or to such other person or such other place as Sublandlord may from time to time designate by LESSEE giving notice in writing to ▇▇▇▇▇▇▇▇ UniversitySubtenant.
4.4 If any Rent is not paid when due, as LESSOR’S designated collection/billing agent for housing rent Subtenant must pay a late charge to Sublandlord equal to the greater of (a) 5% of the delinquent amount‐, or (b) all interest and late feescharges as Sublandlord would sustain under the Master Lease in the event that Sublandlord were delinquent in paying such amount under the Master Lease. Neither demand for, in accordance with ▇▇▇▇▇▇▇▇ Universitynor receipt of, any late charge called for under this Sublease will (i) operate to waive any default by Subtenant or provide a substitute for Subtenant’s published invoicing full and payment schedule. There will be a $30.00 service charge for any check returned by timely performance of the bank for any reason. LESSEE agrees obligation to pay Base Rent, or (ii) limit the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach exercise of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his other right or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due remedy Sublandlord may have under this paragraph. LESSEE may cancel or modify this authorization at any time Sublease in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy case of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowSubtenant’s default.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease (Salt Blockchain Inc.)
Rent. A. LESSEE agrees (a) Commencing on the Commencement Date and on the first (1st) day of each month thereafter and continuing until the Initial Expiration Date, Subtenant shall pay to Sublandlord, for the use of Premises, annual “Base Rent” at a rate of Two Dollars and Sixty Cents ($2.60) per square foot of Rentable Area, for a total monthly amount of Eighteen Thousand Two Hundred Ninety Eight Dollars and Eighty Cents ($18,298.80).
(b) Subtenant shall pay as rent “Additional Rent” any late fees and charges, Excess Utility Costs, Special Cleaning Services Charges or other charges owed by Subtenant under this Sublease. The Parties hereby acknowledge and agree that notwithstanding anything herein to the contrary, in no event shall the Additional Rent payable by Subtenant hereunder be deemed to include Tenant’s Proportionate Share of any increases in Insurance Costs, Operating Costs and/or Taxes as contemplated under Section 6.2 of the Lease and Sublandlord shall remain solely responsible for all such costs. In the aforesaid premises event any of the Lease Provisions that are incorporated into this Sublease contain references to Tenant’s Proportionate Share of Operating Costs and/or Taxes, such language shall be disregarded and residence privileges the sum of $9,399.00. Said sum deemed inapplicable to Subtenant’s obligations under this Sublease.
(c) Base Rent, Additional Rent and all other amounts payable by Subtenant hereunder (collectively, “Rent”), shall be paid by LESSEE Subtenant in United States legal tender, without any set-off or deduction whatsoever, to Sublandlord at the following address: Accesia, Inc. c/o The ▇▇▇▇▇▇▇▇ UniversityOrganization, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder▇▇▇▇▇▇ ▇▇, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC or to such other party or such other place as Sublandlord may from to time designate in writing to Subtenant.
(d) Base Rent for rent each month during the Sublease Term shall be due and payable in advance, on or before the first (1st) day of each month, without demand and without any set-off or deduction whatsoever. If Base Rent, Additional Rent, or any other sums payable by Subtenant to Sublandlord hereunder are not paid by Subtenant when such payment is due, Subtenant shall pay Sublandlord interest and late fees onlycharges on all overdue amounts as provided in Sections 33.8 and 33.9 of the Lease. LESSEE Notwithstanding the foregoing, Sublandlord will not assess a late charge until Sublandlord has given written notice of such late payment for the first late payment in any twelve (12) month period and after Subtenant has not cured such late payment within three (3) days from receipt of such notice. No other notices will be required during the following twelve (12) months for a late charge to be incurred. Rent for any partial month during the Sublease Term shall be prorated by dividing the number of days in such month that fall within the Sublease Term by the total number of calendar days in such month. Concurrently with the execution of this Sublease, Subtenant shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable Sublandlord Base Rent for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made first month of any pre-paid rentthis Sublease.
Appears in 1 contract
Rent. A. LESSEE (a) Subtenant shall pay to Sublandlord a base rent ("Base Rent") in an amount equal to Subtenant's Share (as defined below) of the "Basic Rent" and all "Supplemental Rent" (as such terms are defined in the Prime Lease) and all other amounts due from Sublandlord under the Prime Lease (without duplication of amounts constituting "Operating Expenses", as defined below). Subtenant acknowledges and agrees to pay as rent for that Basic Rent under the aforesaid premises Prime Lease is payable twice yearly (currently every March 1 and residence privileges every September 1), and Supplemental Rent and other amounts due from Sublandlord under the sum of $9,399.00. Said sum Prime Lease are payable on demand.
(b) The Base Rent shall be paid payable by LESSEE Subtenant to ▇▇▇▇▇▇▇▇ UniversitySublandlord [on a reimbursement basis] [in advance]. Subtenant shall pay to Sublandlord, as LESSOR’S designated collection/billing agent within ten (10) days of delivery by Sublandlord of an invoice therefor, the Base Rent hereunder accrued through the immediately preceding payment date for housing rent and late feesBase Rent. If any payments are estimated or adjusted after payment, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by then at [the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach end of any term calendar year] if Subtenant has paid to Sublandlord an amount in excess of Base Rent for such period, Sublandlord shall reimburse to Subtenant any such excess amount (or shall apply any such excess amount to any amount then owing to Sublandlord hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs if none, to the rent next due under this paragraph. LESSEE may cancel installment or modify this authorization installments of Base Rent due hereunder, at any time in writing with notice the option of Sublandlord), or if Subtenant has paid to LESSOR. [LESSEE’S INITIALS]. By signing this LeaseSublandlord less than the Base Rent for such period, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE Subtenant shall pay utilities as provided below, and shall pay the LESSOR to Sublandlord any such deficiency within ten (The ▇▇▇▇▇, LLC10) the security deposit as provided belowdays after Subtenant receives an invoice therefor.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease Agreement (Choicepoint Inc)
Rent. A. LESSEE On the date that Tenant executes this Lease, Tenant shall deliver ---- to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the first month Tenant is required to pay Base Rent), the Security Deposit, and all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 of this Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Base Rent described on Page 1, payable in advance at Landlord's address shown on Page 1 on the first day of each month throughout the term of the Lease. In addition to the Base Rent set forth on Page 1, Tenant shall pay Landlord in advance and on the first (1st) day of each month throughout the term of this Lease (including any extensions of such term), as rent Additional Rent Tenant's share, as set forth on Page 1, of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, and Administrative Expenses all in the manner as specified in Sections 6.1, 6.2, 6.3, 6.4 and 7 of this Lease, respectively. Additionally, Tenant shall pay to Landlord as Additional Rent hereunder, immediately on Landlord's demand therefor, any and all reasonable and actual costs and expenses incurred by Landlord to enforce the provisions of this Lease, including, but not limited to, costs associated with any proposed assignment or subletting of all or any portion of the Premises by Tenant, costs associated with the delivery of notices, delivery and recordation of notice(s) of default, attorneys' fees, expert fees, court costs and filing fees (collectively, the "Enforcement Expenses"). The term "Rent" whenever used herein refers to the aggregate of all these amounts. Except as otherwise provided in Addendum 1. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the aforesaid premises waiver of the requirement to pay rental payments shall only apply to waiver of the Base Rent and residence privileges Tenant shall otherwise perform all other obligations of Tenant hereunder, including, but not limited to paying to Landlord any and all amounts considered additional rent, such as Tenant's share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, and Administrative Expenses. If, at any time, Tenant is in default of or otherwise breaches any term, condition or provision of this Lease, any such waiver by Landlord of Tenant's requirement to pay rental payments shall be null and void and Tenant shall immediately pay to Landlord all rental payments waived by Landlord. The Rent for any fractional part of a calendar month at the sum commencement or termination of $9,399.00the Lease term shall be a prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. Said sum The prorated Rent shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ Universityon the Commencement Date and the first day of the calendar month in which the date of termination occurs, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE case may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowbe.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Nuance Communications)
Rent. A. LESSEE a. During each year of the Term, the Tenant agrees to pay to the Landlord, without demand or set off, in lawful money of the United States, at the address specified in this Lease, or at such other location as rent the Landlord may hereafter designate in writing, Base Rent for the aforesaid premises and residence privileges Premises in the sum amount of One Dollar ($9,399.00. Said sum 1.00) per annum.
b. The annual Base Rent shall be paid in full in advance. The first payment of Base Rent shall be due and payable on or before the Commencement Date. Each subsequent annual payment of Base Rent shall be due and payable in advance on each anniversary date of the Commencement Date.
c. The Base Rent (if any), the Additional Rent (as defined below), and all other sums payable under the Lease shall be paid without notice, demand, counterclaim, set off, deduction, or defense and without abatement, suspension, diminution, or reduction, and the obligations and liabilities of the Tenant under the Lease shall in no way be released, discharged, or otherwise affected by LESSEE reason of any occurrence whatsoever, except as otherwise expressly provided in this Lease.
d. During the Term of this Lease, the Tenant shall also pay as additional rent ("Additional Rent") all sums, Impositions (as defined in the Section below), costs, expenses, and other payments that the Tenant is required to ▇▇▇▇▇▇▇▇ Universitypay, either to the Landlord or to others, under the terms of this Lease. In the event of any non-payment of Additional Rent, the Landlord shall have all rights and remedies provided for in this Lease for the non-payment of Base Rent. The Base Rent and the Additional Rent shall sometimes be referred to together in this Lease as LESSOR’S designated collection/billing agent the “Rent”.
e. The Landlord has agreed to lease the Premises to the Tenant for housing less than fair market rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will on the explicit condition that the Premises be a $30.00 service charge for any check returned used by the bank Tenant for its non-profit purposes described in Section 4 above. If, for any reason. LESSEE agrees , the Tenant alters its organizational structure or operations at the Premises so as to pay the amount lose its non-profit, 501(c)(3) status, this Lease shall be automatically modified, without action by or consent of the returned check plus service charge within 3 daysTenant, to require the payment of fair market rent effective as of the date of the loss of the Tenant’s non-profit, 501(c)(3) status. Upon LESSEE’S breach In the event that the Landlord and the Tenant cannot agree on fair market rent, the parties agree to hire a qualified appraiser to determine the fair market rent. The parties shall share equally the expense of any term hereunderhiring the appraiser. In the event the parties cannot agree on an appraiser, payments due hereunder are accelerated each party shall hire its own appraiser, at its sole cost and become immediately due expense, and owing directly to LESSOR. Service fees the fair market rent shall be deemed unpaid rent for the purposes average of the five (5) day statutory notice requirement for unpaid results of each appraisal. The fair market rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations as determined pursuant to this Lease may result in subsection (e), shall become the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University Base Rent payable pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S accountsubsection (a) above. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR Nothing in this subsection (The ▇▇▇▇▇, LLCe) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for construed as approval of Tenant’s change of its non-profit use, which would require the aforesaid rents unless said space is leased Landlord’s consent pursuant to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rentSection above.
Appears in 1 contract
Sources: Ground Lease
Rent. A. LESSEE agrees Rent, including, without limitation, fixed rent, prepaid rent, and additional rent, if applicable (collectively, “Tenant Charges”), shall be apportioned as of the Closing Date in accordance with the provisions of this Section 7.
(A) To the extent that Tenant Charges under a Lease with respect to pay the month of the Closing have been paid prior to the Closing, the same shall be prorated as rent of the Closing Date between Buyer and Seller based on the number of days during the month in which the Closing Date occurs and Buyer shall be entitled to a credit at Closing for the aforesaid premises portion of such payments attributable to the period beginning on the Closing Date. Seller shall retain the right to receive all payments for unpaid Tenant Charges attributable to the period prior to the Closing Date.
(B) All amounts collected by Buyer from Tenants under the Leases after Closing shall be applied (a) first, to the Tenant Charges owed by such tenant with respect to the month in which the Closing Date occurs (subject to apportionment pursuant to Section 7(a)(i)(A) above, (b) second, to any unpaid Tenant Charges accruing under such Leases for the month after the month in which the Closing Date occurs until all such amounts then due have been paid, (c) third, to arrearages of Tenant Charges with respect to the month prior to the month in which the Closing Date occurs, (b) fourth, to any unpaid Tenant Charges accruing under such Leases for the period after the Closing Date until all such amounts then due have been paid through the current month as of the date such Tenant Charges were paid, (c) fifth, to any remaining arrearages of Tenant Charges with respect to the period prior to the month in which the Closing Date occurs, and residence privileges (d) sixth, all other Tenant Charges collected shall belong to Buyer. If applicable, any Tenant Charges received directly or indirectly by Seller or Buyer following the sum Closing Date which are the property of $9,399.00. Said sum the other party hereto shall be paid by LESSEE to the other party hereto within ten (10) Business Days following receipt thereof. During the twelve (12) month period following Closing, Buyer shall use good faith commercially reasonable efforts (as described below) to recover any Tenant Charges arrearages in respect of the period prior to the Closing Date, provided that Buyer shall not be required to incur any material cost or commence any legal proceeding in connection therewith and Buyer shall not compromise or settle any such arrearages for Tenant Charges applicable to the period prior to Closing without Seller’s prior written consent. Seller (upon notification to Buyer) shall be entitled to ▇▇▇▇▇▇▇▇ Universitya Tenant, as LESSOR’S designated collection/billing agent for housing rent and late feesbefore and/or after Closing, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by delinquent rent (or other Tenant Charges) due to Seller (and not previously paid to Seller) under a Lease, so long as such suit does not seek a termination of such Lease or eviction of such Tenant; (ii) Seller does not bring any such action or claim more than twelve (12) months following the bank for Closing Date (unless any reason. LESSEE agrees stay has been in effect preventing Seller from bringing such action within such twelve (12) month period); and (iii) such suit solely pertains to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his Tenant Charges that accrued or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization claim at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant prior to the University Student Disclosure Statement a copy of Closing Date and which LESSEE acknowledges receipt of Seller is entitled to hereunder.
(C) Any Tenant Charges prepaid and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added applicable to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is period following the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE Closing Date shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing credited by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights Seller to the leased premisesBuyer on the Closing Date.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Vinebrook Homes Trust, Inc.)
Rent. A. LESSEE agrees to pay All rents and other sums due under the Leases (collectively, the “Rents”), if any, shall be prorated as rent and when collected. Unpaid and delinquent Rent shall not be prorated at Closing. Unpaid and delinquent Rent collected by Seller and Purchaser after the Closing Date shall be delivered as follows: (a) if Seller collects any unpaid or delinquent Rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall be paid by LESSEE Property, Seller shall, within fifteen (15) days after Seller’s receipt thereof, deliver to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for Purchaser any check returned by the bank for any reason. LESSEE agrees such Rent which Purchaser is entitled to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement terms of this Section 11(f) relating to the period from and after Closing Date, and (b) if Purchaser collects any unpaid or delinquent Rent from the Property, Purchaser shall, within fifteen (15) days after the receipt thereof, deliver to Seller any such Rent which Seller is entitled to pursuant to the terms of this Section 11(f) relating to the period prior to the Closing Date. Seller and Purchaser agree that all Rent received after the Closing Date shall be applied first to costs of collection, next to rent payable during the month in which the Closing occurs, then current Rent and finally to delinquent Rent, if any, in the inverse order of maturity. Purchaser will make a copy good faith commercially reasonable effort after Closing to collect all Rents in the usual course of the operation of the Property, but Purchaser will not be obligated to institute any lawsuit or other collection procedures to collect delinquent Rents. Seller shall have no right to enforce Leases or collect delinquent Rents on or after the Closing Date without the prior written consent of Purchaser, which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney withheld in Purchaser’s sole discretion, and any such permitted enforcement or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE effort shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR at Seller’s sole expense. In no event shall Seller’s enforcement include any termination, forcible detainer, eviction or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rentother possessory action.
Appears in 1 contract
Rent. A. LESSEE agrees With respect to pay the Lease, all base rent, additional rent and Charges (as rent defined below) (collectively “Rent”) to the extent collected by Seller. Any Rent from Tenant collected after the Closing shall be applied in the following order of priority:
a. First, to any Rent then owing for any calendar month or months following the calendar month in which the Closing occurred; and
b. Second, to any Rent owing for the aforesaid premises calendar month in which the Closing occurred; and
c. Third, to any Rent owing for any calendar month or months preceding the calendar month in which the Closing occurred until the Tenant, under the applicable Lease, is current. For a period of ninety (90) days after the Closing, Buyer shall b▇▇▇ Tenant for all amounts due under their Lease accruing prior to the Closing and residence privileges shall use reasonable efforts to collect from Tenant any Rents owing with respect to the sum period before to the Closing. To the extent delinquent amounts for Rents for the period before the Closing (“Delinquent Rents”) are collected by Buyer, subject to clauses a, b and c above, such amounts, net of $9,399.00. Said sum reasonable costs of collection, including without limitation, reasonable attorney’s fees, shall be paid to Seller no later than thirty (30) days following the date on which such amounts have been received by LESSEE Buyer or its agent. Buyer shall not be obligated to ▇▇▇▇▇▇▇▇ Universityexpend any funds or commence legal proceedings to collect any Delinquent Rents. In no event shall Seller commence any legal proceedings against Tenant after the Closing with respect to any Delinquent Rents. No later than one hundred twenty (120) days after the last day of calendar year of the Closing (the “Final Adjustment Date”), as LESSOR’S designated collection/billing agent for housing rent Seller and late fees, Buyer shall make a final adjustment in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing the provisions of this Section 10.1 of additional rents for which final adjustments or prorations could not be determined at the Closing, if any, because of the lack of actual statements, bills or invoices for the current period, the year-end adjustment of taxes and payment schedulelike items, or any other reason. There will Except to the extent otherwise provided in Section 10.1.3, any net adjustment in favor of Buyer or Seller is to be a $30.00 service charge for any check returned paid in cash by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five other no later than thirty (530) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowdays after such final adjustment has been made.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees to During the term of this Sublease, Sublessee shall pay as rent ---- ("Rent") for the aforesaid premises Premises an amount equal to the monthly Rent under the Master Lease, which at the commencement of this sublease is $84,999.99. The Rent shall increase periodically during the term pursuant to the same terms and residence privileges conditions by which Rent shall increase under the sum of $9,399.00Master Lease. Said sum Rent shall be paid to Sublessor without demand, deduction, set-off or counterclaim, in advance on the first day of each calendar month during the term of this Sublease, and in the event of a partial rental month, rent shall be prorated on the basis of the number of days in the month. Sublessee shall pay to Sublessor upon the execution hereof the first full monthly installment of Rent. In addition to the above Sublessee shall pay to Sublessor on a monthly basis as Additional Rent all costs and expenses attributable to the Premises payable under the Master Lease, as incorporated herein, including but not limited to utilities, real estate taxes, insurance and other operating expenses which Sublessor is required to pay under the Master Lease. In no event shall Sublessee's obligation to pay Additional Rent exceed the amount attributable to the Premises due and payable by LESSEE Sublessor under the Master Lease. To the extent paid by Sublessee, Sublessee shall be entitled to all credits, if any, given by Master Lessor to Sublessor for Sublessor's overpayments of Additional Rent. Payment of all Rent Additional Rent and other amounts due and payable from Sublessee to Sublessor, shall paid in accordance with this Lease at the following address, or such other address as the Sublessor shall instruct the Sublessee in writing: Raytheon Company ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder▇▇▇▇▇ ▇▇▇▇▇▇, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇ ▇▇▇▇▇-▇▇▇▇ ATTN: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease (Concentric Network Corp)
Rent. A. LESSEE (a) Subtent covenants and agrees to pay rent to Sublandlord, at Sublandord’s address shown herein or at such place as rent Sublandlord shall from time to time designate in writing and otherwise in accordance with the provisions of the Lease, at the Annual Fixed Rental Rate in equal installments of 1/12th the Annual Fixed Rental Rate in advance on the first day of each calendar month included in the Term, and for any portion of a calendar month at the aforesaid premises beginning or end of the Term, at that rate payable in advance for such portion.
(b) Subtenant covenants and residence privileges agrees to pay to Sublandlord as Additional Rent, within ten (10) days of demand therefor by Sublandlord, Subtenant’s Share of the sum Operating cost Escalation.
(c) Subtenant covenants and agrees to pay to Sublandlord as Additional Rent, within ten (10) days of $9,399.00demand therefor by Sublandlord, subtenant’s Share of the Real Estate Tax Escalation.
(d) Subtenant shall pay directly to the proper authorities charged with the collection thereof of all charges for electricity and (to the extent not otherwise included in Operating Costs) other utilities used or consumed on the subleased Premises by subtenant or any party claiming by, through or under Subtenant.
(e) Subtenant covenants and agrees to pay monthly to Landlord all charges due under the Lease for (i) any after-hours heating, air conditioning or ventilation services supplied to Subtenant in connection with the Subleased Premises and (ii) all other services supplied to Subtenant and/or the Subleased Premises beyond the services required to be supplied to the Subleased Premises for Sublandlord by Landlord at no additional charge to Sublandlord. Said sum Landlord shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent Subtenant directly for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees all such charges referred to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowpreceding sentence.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees Beginning on the Commencement Date, but subject to pay as the Abated rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ UniversityPeriod described above, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE Subtenant agrees to pay the amount Annual Fixed Rent set forth in Section 1(L) to the Payee specified in Section 1(M), by ACH transfer in accordance with the instructions provided in Section 1(O)), or to such other payee or at such other address as may be designated by notice in writing from Sublandlord to Subtenant, without prior demand therefor and without any deduction or set off whatsoever (except as expressly set forth herein or in the Prime Lease as incorporated herein). Annual Fixed Rent shall be paid in monthly installments (as set forth in Section 1(L)) in advance on the first day of each month of the returned check plus service charge within 3 daysTerm after the Commencement Date. Upon LESSEE’S breach Annual Fixed Rent shall be pro-rated for any partial calendar month at the beginning and end of any term hereunderthe Term, payments due hereunder are accelerated All charges, costs and become immediately due and owing directly sums required to LESSOR. Service fees be paid by Subtenant under this Sublease in addition to Annual Fixed Rent, shall be deemed unpaid rent for “Additional Rent” and Annual Fixed Rent and Additional Rent shall hereinafter collectively be referred to as “Rent”. Subtenant’s covenant to pay Rent shall be independent of every other covenant in this Sublease. Any amount due from Subtenant to Sublandlord under this Sublease that is not paid when due shall bear annual interest from the purposes due date at the lesser of (i) three percent (3%) above the prime rate as reported in The Wall Street Journal on the date closest to the date such payment was required to be made hereunder and (ii) the highest legal rate permitted under the laws of the Commonwealth of Massachusetts (the “Interest Rate”), such interest to accrue from the date due until paid unless otherwise specifically provided herein, but the payment of such interest shall not excuse or cure any default by Subtenant under this Sublease. Notwithstanding the foregoing, Sublandlord agrees to waive the payment of interest as provided in the immediately preceding sentence with respect to the first late payment of Rent during any twelve-month period. Sublandlord shall also be entitled, on account of a failure by Subtenant to make any payment of Rent when due (except with respect to a first late payment of Rent during any twelve-month period), to charge as Additional Rent a fee equal to five percent (5%) day statutory notice requirement of the amount due as compensation for unpaid rent. Any payments received from LESSEE shall first be applied to service charges Sublandlord’s administrative costs in investigating and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and collecting such late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowpayment.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease (Chiasma, Inc)
Rent. A. LESSEE agrees 4.1 Commencing on the Commencement Date and prorated to the first day of the following calendar month, if applicable, and on the first day of each month thereafter, Tenant shall pay as rent for Base Rent in the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall amount stated in Section 1.4, in advance without notice (all amounts, including Base Rent, to be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations Tenant pursuant to this Lease may as the context requires are sometimes referred to collectively as "Rent[s]"). Rents shall be paid without set off, abatement, or diminution, at the office of Landlord in Loveland, Colorado, or at such other place as Landlord from time to time designates in writing. The Rent Commencement Date and the Tenant's Rent obligations and other obligations under this Lease will not be delayed or extended as a result of Tenant Delays.
4.2 Tenant understands and agrees that this Lease is a total net lease (a "net, net, net lease") whereby Tenant has the obligation to pay or reimburse to Landlord, all costs and expenses (including, without limitation, the costs and expenses outlined in Sections 6, 7, 8 and 9 of this Lease) incurred by Landlord as a result of Landlord's ownership and operation of the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University Leased Premises, except as expressly provided otherwise herein. Landlord shall not be responsible for payment of any taxes, insurance, maintenance, repairs, capital improvements (following Completion of the initial Base Building Improvements), utilities or other expenses associated with the ownership, maintenance or operation of the Leased Premises. Landlord and Tenant further agree that any reimbursements owing by Tenant to Landlord pursuant to the University Student Disclosure Statement a copy terms of which LESSEE acknowledges receipt this Lease shall constitute additional rent due under the terms of and furthermore any delinquent accounts may be turned over this Lease.
4.3 In the event Tenant does not fully utilize the Tenant Improvement Allowance granted to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added Tenant pursuant to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided belowDevelopment Agreement, and if allowed by Landlord's Construction Lender, Landlord shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted grant Tenant a credit against any Rent due hereunder in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights an amount equal to the leased premisesunused Tenant Improvement Allowance, only to the extent permitted by Landlord's Construction Lender.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Net Lease Agreement (Heska Corp)
Rent. A. LESSEE agrees to pay as rent (a) As Rent for the aforesaid premises Equipment during the Base Term, Lessee shall pay to Lessor the amounts set forth below, such payments to be made at the times and residence privileges in the manner specified below:
(i) For each Monthly Payment Period Lessee shall pay to Lessor an amount equal to the Per Procedure Fee times the number of Procedures performed during such Monthly Payment Period.
(ii) For each Semiannual Payment Period, Lessee shall pay to Lessor (in addition to all amounts payable pursuant to paragraph (i) above) an amount equal to the excess, if any, of (1) the product of the Monthly Target times the Per Procedure Fee times the total number of Monthly Payment Periods elapsed from the Base Term Commencement Date through the end of such Semiannual Payment Period over (2) the sum of $9,399.00. Said sum (x) the total amount of Rent payable pursuant to paragraph (a)(i) above for all Monthly Payment Periods elapsed from the Base Term Commencement Date through the end of such Semiannual Payment Period plus (y) the total amount of Rent payable pursuant to this paragraph (a)(ii) for all prior Semiannual Payment Periods.
(iii) Notwithstanding the provisions of paragraphs (a)(i) and (a)(ii) above, the aggregate amount of Rent payable by Lessee hereunder for the Base Term pursuant to this paragraph (a) shall be the Total Required Rent. Lessee shall not be required to make any payment of Rent under paragraph (a)(i) or (a)(ii) above to the extent that the amount of such payment, when added to all other Rent previously or concurrently paid by LESSEE Lessee hereunder, shall exceed the Total Required Rent.
(b) Within two Business Days after the end of each Monthly Payment Period, Lessee shall inform Less▇▇ ▇▇ to the number of Procedures performed during such Monthly Payment Period, together with such information with respect thereto as Lessor shall have reasonably requested. Lessee hereby authorizes Lessor to obtain from the manufacturer of the Equipment and from any person entitled to royalties for the use thereof information as to the number of key cards sold with respect to the Equipment for any Monthly Payment Period. If Lessee fails to provide Lessor information as to the number of Procedures for any Monthly Payment Period as required above, such number may be estimated by Lessor. Upon such information becoming available to Lessor, Lessor shall invoice Lessee for, and Lessee shall forthwith pay to Lessor, any resulting underpayment of Rent, and Lessor shall reflect any resulting overpayment of Rent as a credit in Less▇▇'▇ ▇ext monthly invoice to Lessee.
(c) Lessor shall invoice Lessee for Rent payable pursuant to paragraphs (a)(i) and (a)(ii) above. Less▇▇ ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late feesees to make each payment of Rent, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.manner specified by
Appears in 1 contract
Sources: Landlord's/Mortgagee's Waiver (Vista Laser Centers of the Pacific Inc)
Rent. A. LESSEE Sublessee hereby agrees to pay as rent to Landlord equal monthly payments in the amount of SIXTEEN THOUSAND, FOUR HUNDRED AND FORTY-EIGHT DOLLARS AND 04/100 ($16,448.04), in advance, on the first day of each and every month during the Term (such amount to be prorated on a per diem basis for the aforesaid premises and residence privileges the sum any partial month), provided, however, that all of $9,399.00. Said sum such payments shall be paid by LESSEE made directly to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned Sublessor unless otherwise notified by the bank Landlord in writing. No adjustment to Rent shall be made if the estimate of the square feet of the Premises set forth above is inaccurate in any respect. Except as otherwise expressly provided for herein with regard to Sublessee's obligation to pay for monthly electrical costs, Sublessee shall not be obligated to pay any reasonother recurring Rent or Additional Rent required under the Lease, provided, however, that Sublessee shall be liable for, and shall pay to Sublessor at the time and in the manner required under the Lease, any costs or expenses billed to Sublessor by Landlord which were caused or specially ordered or incurred by Sublessee (e.g., payments for damage to the Building, excess or after hours utility charges), whether or not classified as Additional Rent, including, without limitation, those costs that arise as a result of Sublessee's breach or default. LESSEE Sublessee also agrees to pay the amount cost of any telephone service provided to the Premises and other services not available through the Landlord, directly to the party supplying such service. Sublessee agrees to directly contract for and pay the same when due. Rent shall be payable in lawful money of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunderUnited States to Sublessor at the address stated herein, payments due hereunder are accelerated and become immediately due and owing directly or to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his such other persons or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE at such other places as Sublessor may cancel or modify this authorization at any time designate in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowwriting.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease Agreement (Flexiinternational Software Inc/Ct)
Rent. A. LESSEE agrees (a) The Rent (specified in Section 1.1 hereof) and any additional rent or other charges payable pursuant to pay this Lease shall be payable by Sublessee to Sublessor at Sublessor's mailing address (or such other place as Sublessor may from time to time designate by notice to Sublessee).
(b) Rent (including any payment required pursuant to Section 1.1 of Sublessee's Prorata Share of all estimated monthly installments on account of additional rent payable by Sublessor to Prime Lessor under the Prime Lease) shall be payable in advance on the first (1st) day of each and every calendar month during the term of this Sublease. Sublessor shall promptly deliver to Sublessee (i) a copy of any year end statement of operating expenses that Sublessor receives from Prime Lessor, and (ii) a copy of documentation related to tax bills received by Sublessor from Prime Lessor. Promptly after Sublessor and Prime Lessor have made the appropriate adjustments among themselves on account of such actual operating expenses and real estate taxes, the amounts paid by Sublessee as its Prorata Share of such estimated installments shall be adjusted between Sublessor and Sublessee. The parties' obligations hereunder to make such adjustments shall survive the expiration or termination of this Sublease.
(c) All items of additional rent other than those items in the nature of pass-throughs payable by Sublessor to Prime Lessor under the Prime Lease shall be due and payable within thirty (30) days after receipt by Sublessee of a statement, in reasonable detail, showing the costs incurred by Sublessor and calculating Sublessee's appropriate share thereof; upon request from Sublessee, Sublessor shall furnish Sublessee with copies of invoices, purchase orders or other documentary evidence of such costs.
(d) Rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum any partial month shall be paid by LESSEE Sublessee to ▇▇▇▇▇▇▇▇ UniversitySublessor at such rate on a prorata basis. Other charges payable by Sublessee on a monthly basis, as LESSOR’S designated collection/billing agent for housing rent and late feeshereinafter provided, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will shall likewise be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees prorated.
(e) Sublessee shall be deemed unpaid entitled to an equitable share of all rent for abatements which Sublessor actually receives under the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges Prime Lease and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs which are equitably allocable to the rent Premises. All Rent and other amounts due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE Sublease shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR paid without demand, offset or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rentdeduction.
Appears in 1 contract
Rent. A. LESSEE agrees (a) Sublessee shall pay to pay Sublessor as rent “Base Rent” for the aforesaid premises and residence privileges Premises the sum of One Million One Hundred Fifty-one Thousand Four Hundred Ninety-six Dollars ($9,399.001,151,496,00), payable on the first day of each calendar month, in equal monthly installments of Ninety-five Thousand Nine Hundred Fifty-eight Dollars ($95,958.00). Said sum The first full calendar month’s Base Rent installment shall be paid on the Commencement Date. Sublessee shall be responsible for the payment of any separately metered utilities and after hours HVAC services requested by LESSEE Sublessee (as provided in Section 13 of the Lease and Section 21 of this Sublease) and any other services related to Sublessee’s occupancy that are billed by Lessor above and beyond the amounts included within Direct Expenses (as defined in the Lease). Sublessor shall be responsible for the payment of 100% of Tenant’s Proportionate Share (as defined in the Lease) of any increase of Direct Expenses and/or Taxes paid or incurred during the Term of this Sublease over the Direct Expenses and/or Taxes paid or incurred in the Base Year (as defined in the Lease) as set forth in Article 4 of the Lease, and including, by way of illustration and not limitation, real estate taxes, utilities, janitorial services and interior/exterior building repairs and maintenance. Base Rent for any period during the Term hereof, which is for less than one month, shall be a pro rata portion of the monthly installment.
(b) When any provision of this Sublease requires the payment of any sums of money other than the Base Rent defined above, such sums of money shall be deemed “Additional Rent”, and shall be immediately due and payable, unless otherwise provided for in this Sublease. All Base Rent and Additional Rent are referred to herein collectively as “Rent”. All payments or installments of Rent hereunder and all sums whatsoever due under this Sublease, if not paid when due, shall be subject to a late charge equal to the greater of: (a) Fifty Dollars ($50.00), or (b) five percent (5%) of the payment due for each late payment and shall bear interest at the rate of twelve percent (12%) per annum (but not more than the maximum allowable legal rate applicable) until paid. If an attorney is employed to enforce Sublessor’s rights under this Sublease, Sublessee shall pay all fees and expenses of such attorney. Rent shall be payable without notice or demand and without any deduction, offset, or abatement, in lawful money of the United States of America to Sublessor at the following address, or to such other persons or at such other places as Sublessor may from time to time designate in writing: ADC Telecommunications, Inc. Attn: ____________________ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE On the date that Tenant executes this Lease, Tenant shall deliver to Landlord the original executed Lease, the Base Rent, the Security Deposit, and all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 of this Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Base Rent described on Basic Lease Information Page, payable in advance at Landlord's address shown on Page 1 on the first day of each month throughout the term of the Lease. In addition to the Base Rent set forth on Page 1, Tenant shall pay Landlord in advance and on the first (1st) day of each month throughout the term of this Lease (including any extensions of such term), as rent Additional Rent Tenant's share, as set forth on Page 1, of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, and Administrative Expenses all in the manner as specified in Sections 6.1, 6.2, 6.3, 6.4 and 7 of this Lease, respectively. Additionally, Tenant shall pay to Landlord as Additional Rent hereunder, immediately on Landlord's demand therefor, any and all costs and expenses incurred by Landlord to enforce the provisions of this Lease, including, but not limited to, costs associated with any proposed assignment or subletting of all or any portion of the Premises by Tenant, costs associated with the delivery of notices, delivery and recordation of notice(s) of default, attorneys' fees, expert fees, court costs and filing fees (collectively, the "Enforcement Expenses"). The term "Rent" whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the aforesaid premises waiver of the requirement to pay rental payments shall only apply to waiver of the Base Rent and residence privileges Tenant shall otherwise perform all other obligations of Tenant hereunder, including, but not limited to paying to Landlord any and all amounts considered additional rent, such as Tenant's share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, and Administrative Expenses. If, at any time, Tenant is in default of or otherwise breaches any term, condition or provision of this Lease, any such waiver by Landlord of Tenant's requirement to pay rental payments shall be null and void and Tenant shall immediately pay to Landlord all rental payments waived by Landlord. The Rent for any fractional part of a calendar month at the sum commencement or termination of $9,399.00the Lease term shall be a prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. Said sum The prorated Rent shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment scheduleon the Commencement Date. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount The Termination Date of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees Lease shall always be deemed unpaid rent for the purposes last day of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from calendar month in which the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowTerm commenced.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Lease Agreement (Natrol Inc)
Rent. A. LESSEE agrees (a) During the Sublease Term, Subtenant shall pay to Sublandl- ord monthly rent ("Monthly Rent"), in advance, in the amounts set forth below; PROVIDED, HOWEVER, that in no event shall the Monthly Rent exceed the Base Rent paid by Sublandlord to Master Landlord under the Master Lease: Monthly Rent Per Rentable Square Foot Monthly Installment Period $.75 of Rent ------ ------- Commencement Date $18,000.00 through March 31, 2000 April 1, 2000 $.84 $20,160.00 through December 1, 2000 In addition to Monthly Rent, Subtenant shall pay to Sublandlord Subtenant's share of Facility Operating Expenses in accordance with the terms of Section 9 below ("Additional Rent," and together with Monthly Rent, collectively, "Rent").
(b) Subtenant's obligation to pay Rent and other amounts due hereun- der is independent of any other covenant in this Sublease. Except as rent for otherwise set forth in the aforesaid premises and residence privileges Master Lease, Rent shall be paid, without notice, directly to Sublandlord at the sum address set forth in Paragraph 15 below.
(c) Monthly Rent shall be payable to Sublandlord, in advance, without prior notice, demand or offset, on or before the first day of $9,399.00each calendar month during the term hereof. Said sum To the extent that Additional Rent is billed from time to time to Sublandlord by Master Landlord, such Additional Rent shall be paid by LESSEE Subtenant to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment scheduleSublandlord within 10 days after Subtenant's receipt of an invoice therefor. There will be a $30.00 service charge for any check returned by To the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE extent that Additional Rent is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University payable on an estimated basis pursuant to the University Student Disclosure Statement a copy Master Lease, the estimated amounts of which LESSEE acknowledges receipt of Additional Rent due hereunder shall be paid to Sublandlord as and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University when Monthly Rent is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, paid and shall pay be adjusted between the LESSOR parties (The ▇▇▇▇▇, LLCwith appropriate reimbursements or additional payments) when the security deposit as provided belowactual Additional Rent due under the Master Lease has been determined.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Asset Purchase Agreement (Sbe Inc)
Rent. A. LESSEE agrees (a) Commencing on the Commencement Date, Subtenant shall pay monthly base full service gross rent (“Monthly Base Rent”) to Sublandlord during the term of this Sublease, without offset, deduction or abatement, which Monthly Base Rent shall be in the amount of Sixty-Five Thousand and No/100 Dollars ($65,000.00). Monthly Base Rent for any partial month at the beginning or the end of the term of this Sublease shall be prorated on the basis of a 30-day month.
(b) In addition to Monthly Base Rent, Subtenant is responsible for the payment of the following: (i) the Parking Charges (as defined in Section 14, below), (ii) the actual expenses incurred by Sublandlord for any additional services requested by Subtenant that are to be provided by Master Landlord (i.e., if Subtenant requests the use of after-hours HVAC, such after-hours HVAC charges and assessments which are charged by Master Landlord to Sublandlord shall be payable to Sublandlord by Subtenant); (iii) any charges permitted by and pursuant to the Sublease or the Master Lease as a result of actions or omissions of the Subtenant; and (iv) any actual and direct expenses Sublandlord incurs by reason of Subtenant’s non-performance of its obligations under this Sublease (collectively, “Additional Rent”). All such amounts shall be payable in full by Subtenant as directed by Sublandlord within ten (10) days after submission of a written invoice therefor by Sublandlord to Subtenant, and such obligations shall survive the expiration or earlier termination of this Sublease. 4510092v4 / 101022.0001
(c) Notwithstanding Subtenant’s obligation to pay Additional Rent, Sublandlord and Subtenant hereby acknowledge and agree that Subtenant shall not be responsible for separate payment of Operating Expenses under the Master Lease.
(d) Monthly Base Rent, Additional Rent and all other costs and expenses payable hereunder by Subtenant shall be referred to collectively as rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum “rent.” All Monthly Base Rent payments shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ UniversitySublandlord on a monthly basis and are due and payable in advance on the first day of each month. All other rent (including Additional Rent) shall be paid to Sublandlord within ten (10) days after Sublandlord’s written demand therefor. Sublandlord may impose a late charge of five percent (5%) of the amount due or $100, as LESSOR’S designated collection/billing agent for housing rent and late feeswhichever is greater, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned rent payment not received on the date due. In addition, all amounts not paid by Subtenant when due shall bear interest at the bank for any reasonrate of ten percent (10%) per annum until paid. LESSEE agrees As a cumulative and non-exclusive remedy, Sublandlord may also treat failure to pay on the amount first day of a month the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent Monthly Base Rent payment for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University such month as a Default by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided belowSubtenant, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowbe entitled to any and all remedies for such Default.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease (Evolus, Inc.)
Rent. A. LESSEE On the date that Tenant executes this Lease, Tenant shall deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the first month Tenant is required to pay Base Rent), the Security Deposit, and all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 of this Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Base Rent specified in the Basic Lease Information, payable in advance at Landlord's address specified in the Basic Lease Information on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of the Lease. In addition to the Base Rent set forth in the Basic Lease Information, Tenant shall pay Landlord in advance on the Commencement Date and thereafter on the first (1st) day of each month, as rent set forth in Section 6.3 hereof, throughout the balance of the Term of this Lease, as Additional Rent, Tenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses. Tenant shall also pay to Landlord as Additional Rent hereunder, immediately on Landlord's demand therefor, any and all costs and expenses incurred by Landlord to enforce the provisions of this Lease, including, but not limited to, costs associated with the delivery of notices, delivery and recordation of notice(s) of default, attorneys' fees, expert fees, court costs and filing fees (collectively, the "Enforcement Expenses"). The term "Rent" whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the aforesaid premises waiver of the requirement to pay rental payments shall only apply to waiver of the Base Rent and residence privileges Tenant shall otherwise perform all other obligations of Tenant required hereunder. The Rent for any fractional part of a calendar month at the sum commencement or termination of $9,399.00the Lease term shall be a prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. Said sum The prorated Rent shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ Universityon the Commencement Date and the first day of the calendar month in which the date of termination occurs, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE case may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowbe.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Lease Agreement (Pri Automation Inc)
Rent. A. LESSEE agrees All rents, fees and charges, including, without limitation, payments of minimum or base rents, fixed monthly rents, additional rents, retroactive rents, operating cost pass-through, rent escalations, percentage rents, sign revenues, other receipts, operating expenses of the Property, tenant expenses, taxes, assessments, electricity and other utilities, common area maintenance and services, other escalation charges and other amounts due Seller pursuant to pay the Leases or due Seller with respect to the Property generally or otherwise payable under the Leases (all of the foregoing may hereinafter be collectively referred to as rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum "Rents") shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, prorated as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge Close of Escrow. Subject to the provisions below, Rents delinquent at the Close of Escrow shall be prorated to the Close of Escrow when collected. Rents collected within 3 days. Upon LESSEE’S breach twelve (12) months after the Close of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees Escrow shall be deemed unpaid rent to apply (after deduction of costs for collections) first to Rents currently or past due and payable to Buyer for the purposes period after Close of Escrow from tenants making such payments, and second to Rents which are due and payable to Seller for the period prior to Close of Escrow from tenants making such payments. Buyer shall at all times for twelve (12) months after the Close of Escrow, continue to invoice tenants for all Rents which are delinquent or unpaid as of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied Close of Escrow or which otherwise belong to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations Seller pursuant to this Agreement. Rents collected by Buyer after the Close of Escrow, to which Seller is entitled under this Paragraph, shall be promptly paid over, in cash, to Seller after deduction of any reasonably incurred collection costs but otherwise without offset or deduction. Seller reserves the rights to all delinquent or past due Rents owing to Seller for periods prior to the Close of Escrow and Buyer acknowledges that such Rents are the property of Seller and are hereby specifically reserved by Seller. Such reservation by Seller and the foregoing rights of Seller shall survive the Close of Escrow, the recordation of the Deed and the execution, delivery and recordation of the Lease may result Assignment (defined below) and shall supersede any provision herein or in the LESSEE being administratively dis- enrolled Lease Assignment tothe contrary. Seller may proceed to institute any and all legal proceedings to which it is legally entitled to recover such amounts from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSORsuch tenants, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties except that Seller shall not give third party any constructive be permitted to institute legal proceedings for unlawful detainer against such tenants or possessory rights to the leased premisesseek to terminate their Leases.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees Rent and additional rent under the Leases shall be prorated as of the Cut-Off Time on a per diem basis and Buyer shall receive a credit for its proportionate share of the rent previously actually received by Seller for the month in which the Closing Date occurs and for all rent actually prepaid by more than thirty (30) days. Buyer shall receive a credit for all cash Advance Deposits (if any) that Seller holds as of the Closing Date, other than any assignable certificates of deposit or letters of credit, which shall be assigned to pay as Buyer, provided that Buyer and Buyer’s Principals, jointly and severally, indemnify, defend (with counsel reasonably acceptable to Seller) and hold Seller and the other Seller Parties harmless from any and all obligations relating to such Advance Deposits assigned to Buyer. Seller shall cooperate with Buyer and execute all reasonable, necessary documents and instruments and undertake communications with parties to such certificates of deposits and letters of credit to facilitate their transfer to Buyer. Buyer shall be responsible for setting up accounts and making necessary deposits with respect to cash Advance Deposits. At Closing, Seller shall provide Buyer with a statement of arrearages, if any, under the Leases. If the any of the Leases contains obligations for utility charges, rent escalations for taxes or other operating expenses, insurance or other forms of additional rent, and Seller shall have collected any portion of such additional rent for a period on or after the aforesaid premises and residence privileges Closing Date, then the sum of $9,399.00. Said sum same shall be paid apportioned and credit given to Buyer for such period. If such additional rent have not been billed, or if billed, have not been collected by LESSEE to ▇▇▇▇Seller as of the Closing Date, then Buyer shall (i) in good faith and with due diligence ▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing and collect such additional rent and late feeswhen the amount of such additional rent is determined and collected by Buyer, the same shall be apportioned as provided herein, (ii) to the extent allocable to Seller, hold the first monies so received in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing trust for the benefit of Seller, and payment schedule. There will be a $30.00 service charge for any check returned by (iii) to the bank for any reason. LESSEE agrees extent required to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments amounts due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent Seller for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs period up to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice Closing Date, promptly remit the same to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowSeller.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Hotel Purchase Agreement (Wilshire Enterprises Inc)
Rent. A. LESSEE agrees (a) Commencing on the Commencement Date, Sublessee shall pay to pay Sublessor at the address set forth below in Paragraph 7 as monthly base rent ("Monthly Base Rent") for the aforesaid premises Sublease Premises the following amounts for the time periods indicated:
(b) Commencing on the Commencement Date, Sublessee shall reimburse Sublessor for Sublessee’s Pro-Rata Share of Operating Expenses and residence privileges Taxes (as such terms are defined under the sum Master Lease) payable and paid by Sublessor to Master Landlord under the Master Lease (“Master Lease Passthroughs”) and attributable to the Sublease term (regardless of $9,399.00whether such items are paid by Sublessor before, during or after the Sublease term); provided that Master Lease Passthroughs shall not include increases in property taxes resulting from improvements made by Sublessor during the term of the Master Lease to any portion of the Premises retained by Sublessor (the “Remainder Premises”) to the extent in excess of the improvements in the Sublease Premises (as measured on a per r.s.f. Said sum basis), increases in insurance premiums attributable solely to the use of the Remainder Premises, or Master Lease Passthroughs to the extent such charges are assessed in respect of items which benefit only the Remainder Premises. Sublessor shall provide Sublessee with copies of all invoices received from Master Landlord with respect to any Master Lease Passthroughs and all Estimate Statements (as such term is defined in Section 4.4.2 of the Master Lease) and Statements (as such term is defined in Section 4.4.1 of the Master Lease) received from Master Landlord no later than thirty (30) days following Sublessor’s receipt of the same from Master Landlord. In the event that during the Sublease Term Sublessor receives any payment from Master Landlord or credit against rent payments due under the Master Lease arising from the overpayment of any Master Lease Passthroughs during the Sublease Term, Sublessor shall promptly notify Sublessee of the same and refund to Sublessee Sublessee’s Pro-Rata Share (as set forth hereinbelow) of the same. Even though the Sublease Term has expired and Sublessee has vacated the Sublease Premises, when the final determination is made of Master Lease Passthroughs for the final calendar year in which this Sublease terminates, Sublessee shall pay to Sublessor, within thirty (30) days following demand, Sublessee’s Pro-Rata Share of any additional amount determined by Master Landlord to be owed in respect of Master Lease Passthroughs, and if it is determined that a refund of payments in respect of Master Lease Passthroughs is due and owing by Master Landlord and if the same is made by Master Landlord to Sublessor, Sublessor shall, within thirty (30) days, thereafter deliver a check payable to Sublessee in the amount of Sublessee’s Pro-Rata Share of such overpayment. All charges payable by Sublessee under this Section 3.3(b) shall be based solely on Estimate Statements and Statements provided by Master Landlord pursuant to the Master Lease. The provisions of this Section 3.3(b) shall survive the expiration or earlier termination of the Lease Term. “Sublessee’s Pro-Rata Share of Operating Expenses and Taxes” shall be equal to [***]%. The term “Sublessee’s Pro-Rata Share” as used in this Section 3.3(b) shall mean Sublessee’s Pro-Rata Share of Operating Expenses and Taxes.
(c) Commencing on the Commencement Date, Sublessee shall reimburse Sublessor for Sublessee’s Pro-Rata Share of (i) all utilities and services furnished to the Premises by Sublessor, including, without limitation the Services (as defined in Section 6 below) and (ii) all expenses incurred by Sublessor in respect of Tenant’s Repair Obligations (as set forth in Section 7.1.1. of the Master Lease) (collectively, “Additional Passthrough Items”) and attributable to the Sublease Term (regardless of whether such items are paid by LESSEE Sublessor before, during or after the Sublease Term), provided that the limitations and exclusions set forth in Section 4.2.4 of the Master Lease with respect to ▇▇▇▇▇▇▇▇ UniversityOperating Expenses and Section 4.2.5 of the Master Lease with respect to “Taxes” shall also apply to the Additional Passthrough Items; further provided that Additional Passthrough Items shall not include increases in insurance premiums attributable solely to the use of the Remainder Premises or any charges in respect of items which benefit only the Remainder Premises or only Tower B. Sublessor shall give Sublessee a yearly expense estimate (the "Additional Passthroughs Estimate Statement") or before ninety (90) days after the commencement of Sublessor’s fiscal year (which for the purposes of this Sublease shall be deemed to commence on May 1st of each calendar year) (each such year period, an “Expense Year”) which shall set forth Sublessor’s reasonable estimate of what the total amount of Additional Passthrough Items for the then-current Expense Year shall be and the estimated Sublessee’s Pro-Rata Share thereof (the "Estimated Additional Passthrough Items"); provided that, with respect to the Expense Year in which the Commencement Date occurs, Sublessor shall provide the Additional Passthrough Estimate Statement within thirty (30) days after execution of this Sublease. Sublessee shall pay, with each installment of Base Rent due, an amount equal to one-twelfth (1/12) of Additional Passthrough Estimate set forth in the most recent Additional Passthrough Estimate Statement delivered by Sublessor to Sublessee. Sublessor shall give to Sublessee within ninety (90) days following the end of each Expense Year, a statement (the "Statement") which shall state the Additional Passthrough Items incurred or accrued for such preceding Expense Year, and which shall indicate the amount of Sublessee’s Pro-Rata Share of Additional Passthrough Items. Upon receipt of the Statement for each Expense Year commencing or ending during the Sublease Term, Sublessee shall pay, with its next installment of Base Rent due, the full amount of Sublessee’s Pro-Rata Share of Additional Passthrough Items for such Expense Year, less the amounts, if any, paid during such Expense Year as LESSOR’S designated collection/billing agent Estimated Additional Passthrough Items, and if Sublessee paid more as Estimated Additional Passthrough Items than the actual Sublessee’s Pro-Rata Share of Additional Passthrough Items, Sublessee shall receive a credit in the amount of Sublessee’s overpayment against Rent next due under this Sublease. Even though the Sublease Term has expired and Sublessee has vacated the Sublease Premises, when the final determination is made of Sublessee’s Pro-Rata Share of Additional Passthrough Items for housing rent the Expense Year in which this Sublease terminates, Sublessee shall immediately pay to Sublessor Pro-Rata Share of Additional Passthrough Items, and late feesif Sublessee paid more as Pro-Rata Share of Additional Passthrough Items than the actual Pro-Rata Share of Additional Passthrough Items, Sublessor shall, within thirty (30) days, deliver a check payable to Sublessee in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 daysoverpayment. Upon LESSEE’S breach The provisions of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSORthis Section 3(c) shall survive the expiration or earlier termination of the Sublease Term. Service fees “Sublessee’s Pro-Rata Share of Additional Passthrough Items” shall be deemed unpaid rent equal to [***]%.
(d) All sums of Monthly Base Rent payable hereunder and all additional amounts payable by Sublessee hereunder (collectively, "Rent") shall be paid without deduction, offset, prior notice or demand in lawful money of the United States of America. Rent hereunder shall be payable in advance on the first day of each and every calendar month of the term hereof, starting on the Commencement Date. Rent for any period which is less than a full month shall be prorated based upon a thirty (30) day month. One month's installment of Monthly Base Rent in the amount of $[***] shall be paid to Sublessor upon execution of this Sublease and shall be applied against Base Rent due for the purposes first full calendar month after the expiration of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowBase Rent Abatement Period.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease (C3.ai, Inc.)
Rent. A. LESSEE (a) Beginning on October 1, 2020 (the "Sublease Rent Commencement Date"), Sublessee covenants and agrees to pay Sublessor during the term of this Sublease base rent ("Base Rent"), without deduction or offset and without notice or demand, except as rent expressly provided herein, by electronic funds transfer pursuant to the instructions annexed hereto as Exhibit E and made a part hereof, or to such other entity or in such other manner as Sublessor may from time to time designate on not less than twenty (20) days' advance notice, in writing, as follows: Base Rent hereunder will be payable to Sublessor with respect only to the period commencing on the Sublease Rent Commencement Date through the Sublease Expiration Date, at the same times and in the same manner Sublessor is obligated to pay Landlord "Base Rent," as defined in the Lease. The first month's Base Rent (for the aforesaid premises month of October, 2020) shall be due and residence privileges payable upon the sum full execution and delivery of $9,399.00this Sublease.
(b) Beginning on the Sublease Rent Commencement Date, Sublessee covenants and agrees to pay Sublessor during, and with respect to, the portion of the Sublease Term from and after the Sublease Rent Commencement Date, one hundred percent (100%) of all "Escalation Rent," as defined in the Lease, payable by Sublessor under the Lease with respect to the same period (including, without limitation payment of "Monthly Operating Expense Payment Amount[s]" and the "Monthly Tax Payment Amount[s]," both as defined in, and pursuant to, Article 2 of the Lease), at the same times and in the same manner as Sublessor is obligated to pay Landlord Escalation Rent as set forth in Article 2 of the Lease. Said sum Sublessee shall have the right to exercise Sublessor's audit rights under Section 2.4 of the Lease (including the right pursuant to Section 2.4(B) of the Lease to institute an “Expedited Arbitration Proceeding,” as defined in Section 30.2(C) of the Lease), provided: (i) Landlord consents to same in the Consent Agreement; (ii) the audit is performed in strict accordance with Section 2.4 of the Lease; and (iii) an uncured "Sublessee Default," as defined herein, does not exist. Any credit of an overpayment of Additional Rent under the Lease determined in such Expedited Arbitration Proceeding, or approved by Landlord, which is received by Sublessor from Landlord, shall be credited against an Additional Rent payable under this Sublease. The parties agree that the rentable square footage of each floor of the Sublet Premises is as follows:
(c) Beginning on the Sublease Commencement Date, Sublessee covenants and agrees to pay Sublessor during, and with respect to, the Sublease Term the following expense items: (i) "Electricity Additional Rent" for the Sublet Premises in accordance with Sections 5.3(B) and 5.3(C) of the Lease; (ii) condenser water charges for the Sublet Premises in accordance with Section 4.6 of the Lease; (iii) emergency generator usage charges for the Sublet Premises in accordance with Section 4.8(C) of the Lease; and (iv) freight elevator and loading dock usage charges for the Sublet Premises in accordance with Section 4.2(B) of the Lease, all payable by Sublessee to Sublessor in such amounts and in the same manner as Sublessor is obligated to pay Landlord for said expenses as set forth in the aforementioned sections of the Lease, provided that such amounts shall be payable by Sublessee to Sublessor not later than thirty (30) days after notice from Sublessor.
(d) Sublessee shall also pay Sublessor during and with respect to the Term of this Sublease such other sums of money not otherwise provided for herein, other than Fixed Rent payable under the Lease, as shall become due and payable by Sublessor to Landlord pursuant to the terms and conditions of the Lease (except if as a result of any act, omission, negligence or willful misconduct of Sublessor, its agents, contractors, or employees) and/or which are due to the actions or inactions of the Sublessee in default of this Sublease.
(e) All amounts payable by Sublessee under this Section 2 other than Base Rent are referred to herein as "Additional Rent". Base Rent and Additional Rent are collectively referred to hereinafter as the "Rent".
(f) Rent shall be paid in advance, on the first day of each and every month throughout the Term of this Sublease, except as otherwise provided herein. If Sublessee fails to pay any item of Rent on or prior to the date that such payment is due, then Sublessee shall pay to Sublessor, in addition to such item of Rent, as a late charge and as Additional Rent, an amount equal to interest at the "Applicable Rate" (as defined in the Lease) on the amount unpaid, computed from the date such payment was due to and including the date of payment; provided that twice during any calendar year, Sublessee shall be entitled to written notice of such late payment and a period of five (5) business days after receipt of such notice to cure such late payment before such interest begins to accrue. In addition, upon the third, and each succeeding, late payment under this Sublease, Sublessee shall pay Sublessor, as Additional Rent, a late charge of three percent (3%) of the outstanding Rent amount which is late. Nothing contained in this Section 2(f) limits Sublessor's rights and remedies, by operation of law or otherwise, after the occurrence of a Sublessee Default.
(g) Sublessor shall request from Landlord such documentation relating to Additional Rent charges under the Lease as Sublessor is entitled to receive under the Lease and for which Sublessee pays hereunder, and Sublessor shall deliver same to Sublessee promptly following receipt. Sublessor will promptly discuss with Landlord any reasonable objections which Sublessee has regarding such charges, and shall use all due diligence and all reasonable efforts to resolve same, included, if requested by Sublessee in writing, and if there is a reasonable basis for doing so, Sublessor will institute and pursue litigation against Landlord to resolve any reasonable objections which Sublessee has regarding such charges. Sublessee shall, within thirty (30) days after Sublessor's written demand, reimburse Sublessor for all of Sublessor's out-of-pocket costs and expenses (including without limitation, court costs, attorney's fees [including based on any requirement under Section 23.1(B) of the Lease, or any court order, that Sublessor reimburse Landlord's attorneys' fees in connection with such litigation]), and expert witness fees (all constituting Additional Rent hereunder) in connection with such litigation and any appeals in connection therewith. Sublessee shall indemnify and hold Sublessor harmless from any vexatious litigation claim by Landlord against Sublessor based on such litigation. In the event Sublessor shall receive any refund or reimbursement arising from an Additional Rent payment made by Sublessee with respect to the Sublease Term, Sublessor shall promptly pay to Sublessee such refund or reimbursement. In connection with any such litigation, Sublessor and Sublessee agree to the following: (i) Sublessee shall have reasonable approval of counsel chosen to bring such litigation, (ii) Sublessee shall have approval over the budget for any such litigation and, if, during the course of such litigation, the costs of litigation appear likely to exceed such budget, Sublessee shall have approval over such additional costs, failing which Sublessor shall discontinue the prosecution thereof. Further, if Sublessee does not approve the original litigation budget, or the choice of counsel, then unless Sublessee and Sublessor agree on an alternative budget or counsel, which the parties shall use good faith efforts to agree upon, Sublessor shall not be required to pursue such litigation; (iii) Sublessor and Sublessee shall consult in good faith prior to commencing litigation, and during the course of litigation, concerning litigation strategy, and: (x) if the parties do not agree on litigation strategy prior to commencing litigation, then Sublessor shall not be required to commence such litigation until such time as the parties shall agree upon a litigation strategy, which the parties shall use good faith efforts to agree upon, or (y) if during the course of litigation, the parties, after using good faith efforts, cannot agree on a continuing litigation strategy, Sublessor may discontinue such litigation; (iv) Sublessor shall not settle any such litigation without the reasonable approval of Sublessee; and (v) if Sublessee determines at any time that it wants to discontinue any such litigation, then upon written notice from Sublessee to discontinue such litigation, Sublessor shall do so.
(h) It is the intention of the parties hereto that the Rent payable hereunder shall be net to Sublessor such that this Sublease shall yield to Sublessor the net annual Rent specified herein during, and with respect only to the period constituting, the Term, and that all costs, expenses and obligations of every kind and nature whatsoever relating to the Sublet Premises (excluding Fixed Rent payable under the Lease) shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ UniversitySublessee, except as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowotherwise expressly set forth herein.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease (Yext, Inc.)
Rent. A. LESSEE (a) Beginning on the Commencement Date, Sublessee covenants and agrees to pay Sublessor during the Term of this Sublease base rent (the “Base Rent”), without deduction or offset and without notice or demand, at the Sublessor’s address, as set forth in Paragraph 14 hereof, or to such other entity or at such other place as Sublessor may from time to time designate in writing as follows:
(b) In addition to Base Rent, in the event that, under any provision of the Lease, any additional rent or other charge shall be payable by Sublessor to Landlord because of extra services ordered by or activities undertaken by or on behalf of Sublessee with respect to the Sublet Premises (including but not limited to after hours HVAC costs or extra janitorial services) or on account of Sublessee’s default hereunder, then Sublessee shall pay to Sublessor such additional rent or other charge on demand by Sublessor (collectively, the “Additional Rent”). The Base Rent and Additional Rent are collectively referred to hereinafter as the “Rent.” Sublessee hereby agrees that any and all such requests for extra services and/or activities for the aforesaid premises benefit of Sublessee shall be made by Sublessee in writing to Landlord, with a copy to Sublessor. In no event shall Sublessor be responsible for any matter associated with the provision, or lack of provision, of any such extra services or activities. Sublessor shall have the right to require that Sublessee provide a cash security deposit sufficient to cover the cost of such services prior to Landlord’s providing such services. Without limiting the foregoing: (i) Sublessee shall not otherwise be responsible for Sublessor’s “Pro Rata Percent” of “Operating Costs,” as these terms are defined in the Lease, including, without limitation, Sublessor’s pro rata share of taxes and residence privileges operating expenses of the sum Building which Landlord pays during any calendar or fiscal year, any portion of $9,399.00. Said sum which is applied to the Premises during the Term because of or in connection with the ownership, leasing, or operation of the Premises; and (ii) the term “Additional Rent” as used in this Paragraph 2(b) shall not be construed to include Sublessor’s “Pro Rata Percent” of “Operating Costs,” and Sublessor shall remain fully liable and responsible to Landlord under the Lease for these costs.
(c) The Rent shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ Universityin advance, as LESSOR’S designated collection/billing agent for housing rent on the first day of each and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment scheduleevery month throughout the Term of this Sublease. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees If Sublessee fails to pay the any installment of Rent within ten (10) days after same is due, such unpaid amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed bear interest from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs due date until paid in full at a rate equal to the rent due under this paragraphlesser of: (a) the highest rate announced from time to time as the prime interest rate by Citibank, N.A. plus three (3) percentage points; or (b) the maximum legal rate allowed by law. LESSEE If Sublessee makes two (2) consecutive payments of Base Rent which are returned to Sublessor by Sublessee’s financial institution for insufficient funds, Sublessor may cancel or modify this authorization at any time in writing with require, by giving written notice to LESSOR. [LESSEE’S INITIALS]. By signing this LeaseSublessee, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy that all future payments of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund Rent shall be made in cashier’s check or by money order. The foregoing is in addition to any other remedies of any pre-paid rentSublessor hereunder, at law or in equity.
Appears in 1 contract
Sources: Sublease (Itex Corp)
Rent. A. LESSEE (a) Subject to the provisions of this Section 3, Sublessee agrees to pay as rent Sublessor for the aforesaid premises use of the Subleased Premises without offset or deduction the annual base rent of Four Hundred Sixty-three Thousand One Hundred Forty and residence privileges the sum of 00/100 Dollars ($9,399.00463,140.00) (“Base Rent”). Said sum Base Rent shall be paid in equal monthly installments in advance on or before the first day of each calendar month without notice or demand, together with all additional sums, charges or other amounts of whatever nature to be paid by LESSEE Sublessee to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, Sublessor in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedulethe provisions of this Sublease, whether or not such sums, charges or amounts are referred to as additional rent (collectively referred to as “Additional Rent”). There will be a $30.00 service charge Base Rent for any partial month shall be prorated. Sublessee shall pay the Base Rent and Additional Rent by wire transfer (per the instructions attached as Exhibit “C”), or in the event that wire transfer is unavailable, good check returned or in lawful currency of the United States of America, to Sublessor at Sublessor’s address, as set forth in Section 21 hereof, or to such other address as Sublessor from time to time may specify by advance written notice to Sublessee. No installment of Base Rent or Additional Rent shall be deemed paid until received by Sublessor. Any payment made by Sublessee to Sublessor on account of Base Rent or Additional Rant may be credited by Sublessor to the bank payment of any late charges then due and payable and to any Base Rent or Additional Rent then past due before being credited to Base Rent and Additional Rent currently due.
(b) In the event that any payments or installments of Base Rent, Additional Rent or any other sums due under this Sublease are not received by Sublessor on or before the seventh (7th) day after the due date thereof, Sublessor shall give written notice thereof to Sublessee and Sublessee shall pay to Sublessor an additional ten percent (10%) of such sums due as Additional Rent. Such additional sum is payable, without demand from Sublessor, on or before the first day of the next calendar month, and failure to do so shall be considered non-payment of rent. In addition, any payment or installment of Base Rent, Additional Rent or any other sums due under this Sublease not paid when due shall bear interest from the due date until paid in full at a rate of ten percent (10%) per annum.
(c) The parties hereto agree that there shall be an abatement of all rent, including, without limitation, Base Rent and Additional Rent set forth in subsection 3(e) below, for the period commencing on the Commencement Date through October 31, 2007.
(d) The Base Rent shall increase on the first year anniversary of the Commencement Date, and on each year anniversary of the Commencement Date thereafter, by three percent (3%) of the Base Rent applicable to the immediately preceding year.
(e) Without limiting in any reason. LESSEE way limiting Sublessee’s other obligations under this Sublease, Sublessee agrees to pay to Sublessor, as Additional Rent, an amount equal to 23.9% (as determined pursuant to subsection (f) below, “Sublessee’s Proportionate Share”) of:
(i) increases in Operating Costs (as such term is defined in the Primary Lease) for any future calendar year after 2007 (provided, for purposes of this Sublease, the base year Operating Costs for 2007 shall be as established by the Landlord under the Primary Lease); provided, however, to the extent that total Operating Costs for 2007 are less than the Operating Costs for the first calendar year of the Primary Lease, the Operating Costs for the first calendar year of the Primary Lease shall be utilized as the base year Operating Costs for purposes of this Sublease and
(ii) increases in taxes (as may be due in accordance with Section 4 of the Primary Lease) for any future fiscal year after fiscal year 2006/2007 (provided, for purposes of this Sublease, the fiscal year and the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees base year taxes for fiscal year 2006/2007 shall be deemed unpaid rent for as established by the Landlord under the Primary Lease). Additional Rent with respect to the amounts set forth in this subsection (e) shall be paid in accordance with the timing of such similar payments as are made by the Sublessor to the Landlord under the Primary Lease. As of the date of this Sublease, it is the Landlord’s practice to require annual payment of such amounts.
(f) For purposes of this Sublease, Sublessee’s Proportionate Share shall mean and refer to a fraction, the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy numerator of which LESSEE acknowledges receipt is the number of and furthermore any delinquent accounts square feet within the Subleased Premises (approximately 29,880 square feet, as such may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred adjusted following any exercise by the LESSOR to be added to Sublessee of its right of first refusal hereinbelow) and the LESSEE’S account. ▇▇▇▇▇▇▇▇ University denominator of which is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay number of square feet within the LESSOR Building (The ▇▇▇▇▇, LLC) the security deposit as provided belowapproximately 124,838 square feet).
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees Except as provided in subparagraph (b) below, Seller shall pay or credit to pay as rent Purchaser at the Closing (A) all Rent due under the Leases for the aforesaid premises calendar month in which the Closing occurs, prorated for the number of days during such calendar month from, including and residence privileges after the sum Closing, and (B) all prepaid and overpaid Rent paid by Tenants, if any.
(a) At Closing, Seller shall provide Purchaser with a statement detailing all payments of $9,399.00Additional Rent for the calendar year in which Closing occurs and a statement detailing the actual Additional Rent expenditures incurred by Seller prior to Closing on which such Additional Rent payments are based. Said sum Purchaser shall prepare and send to Tenants all operating statements and data required by the Lease, and Seller shall cooperate and assist Purchaser in preparing same as may be reasonably required and requested by Purchaser. Within sixty (60) days after the Closing Date Seller and Purchaser shall recalculate the proration that would have been made at the Closing based on such actual amounts, and Seller or Purchaser, as the case may be, shall make an appropriate payment to the other based on such recalculation within ten (10) days of written demand therefor. Notwithstanding the foregoing, in the event a Tenant presents evidence reasonably sufficient to establish that such Tenant is entitled under its Lease to a refund of overpaid Additional Rent attributable to periods prior to the Closing Date then Seller shall reimburse Purchaser for such amount within ten (10) days of written demand therefor unless such amounts were credited to Seller at Closing.
(b) After the Closing, Purchaser shall ▇▇▇▇ Tenants for all unpaid Rents for any period prior to the Closing due from such Tenants, provided that Purchaser shall have no obligation to institute litigation, commence eviction proceedings or terminate a Lease in connection with any such collections or to continue to ▇▇▇▇ Tenants for more than sixty (60) days after the Closing. Any Rents due and owing Seller before the Closing by Tenants that is unpaid at the Closing, are herein called “Delinquent Rents”. There shall be paid no cash credit to Seller at Closing on account of any Delinquent Rents, but following Closing, rental and other payments received by LESSEE to Purchaser or Seller from Tenants shall be first applied toward the 400 ▇. ▇▇▇▇▇▇▇▇▇ UniversityPSA 16 actual out-of-pocket costs of collection paid to parties other than the managing agent of the Property, as LESSOR’S designated collection/billing agent for housing then such Rents shall be applied first toward the payment of rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing other charges then currently owed to Purchaser or which will become due to Purchaser within fifteen (15) days after receipt thereof and second to the payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately Delinquent Rents due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowSeller.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to (c) The provisions of this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties Section 6.2 shall not give third party any constructive or possessory rights to survive the leased premisesClosing.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Cole Corporate Income Trust, Inc.)
Rent. A. LESSEE agrees 4.1. The rent payable by Subtenant for the Sublease Premises shall consist of the Base Rent under Section 4.2, plus the Pass Through Costs under Section 4.3, plus the Other Charges under Section 4.4. Base Rent, Pass Through Costs, Other Charges and any other sums payable by Subtenant under this Sublease are collectively referred to herein as “Rent”. Subtenant’s covenant to pay Rent shall be independent of every other covenant in this Sublease. Subtenant shall make all payments due to Sublandlord in immediately available funds, either payable at Sublandlord’s address for notice stated above, or by ACH or wire transfer to an account designated by Sublandlord, at Subtenant’s option.
4.2. Beginning on the Commencement Date and continuing thereafter on the first day of each calendar month during the Sublease Term, Subtenant shall pay to Sublandlord in advance, and without notice, demand, deduction or offset except as rent otherwise expressly set forth herein, the monthly Base Rent specified in Section 1.7. If the Commencement Date is a day other than the first day of a calendar month, the Base Rent for the aforesaid premises month in which the Commencement Date occurs will be prorated, based on a thirty (30) day month. Subtenant shall pay the monthly installment of Rent payable for the first full month of the Sublease Term concurrent with Subtenant’s execution of this Sublease in accordance with Section 1.7.
4.3. After the first twelve (12) months of the Sublease Term, Subtenant also shall pay an amount equal to Subtenant’s Share of the increase in Operating Expenses over calendar year 2013 (the “Base Year”); with Operating Expenses to include all Expenses, Taxes, Insurance and residence privileges other amounts payable by Sublandlord as “Additional Rent” under the sum of $9,399.00Master Lease, insofar as applicable to the period encompassed by the Sublease Term (collectively, “Pass Through Costs”). Said sum To the extent Pass Through Costs are payable on a monthly estimated basis, the Additional Rent with respect thereto shall be paid as and when Base Rent is due in an amount based on Master Landlord’s or Sublandlord’s estimates; and upon any reconciliation of estimated and actual Pass Through Costs, the corresponding Pass Through Costs shall be adjusted between Sublandlord and Subtenant (with appropriate reimbursements or additional payments) within thirty (30) days after delivery to Subtenant of any reconciliation statement. For purposes of calculating Pass Through Costs, Sublandlord shall be entitled to rely conclusively on Master Landlord’s determination of estimated and actual Additional Rent.
4.4. Subtenant also shall pay, within thirty (30) days after written notice by LESSEE to ▇▇▇▇▇▇▇▇ UniversitySublandlord, as LESSOR’S designated collection/billing agent for housing rent and late any other fees, charges or other sums payable with respect to the Sublease Premises (collectively, “Other Charges”) for: (a) any excess or after hours utility consumption within the Sublease Premises; (b) any excess, after hours or supplemental heating, ventilating or air conditioning service supplied to the Sublease Premises; (c) any services or benefits supplied to the Sublease Premises at Subtenant’s request (or with Subtenant’s acquiescence; provided that Subtenant has been advised of such additional charge) for which Master Landlord reserves any right to impose a fee or charge separate from the Pass Through Costs; (d) any reimbursement of Master Landlord or Sublandlord for taxes on personal property, equipment and fixtures located in accordance with ▇▇▇▇▇▇▇▇ Universityor about the Sublease Premises during the Sublease Term; (e) any damage to the Building resulting from the negligence or intentional misconduct or breach of this Sublease by Subtenant or Subtenant’s published invoicing agents, employees, contractors or invitees; (f) damages recoverable due to a default under the Master Lease which is the result of any Default or failure of performance by Subtenant under this Sublease; and payment schedule(g) any other costs or expenses due from Subtenant to Sublandlord under this Sublease.
4.5. There All Rent shall be paid to Sublandlord or to such other person or such other place as Sublandlord may from time to time designate in writing. If any Rent is not paid when due, Subtenant acknowledges that Sublandlord will be a $30.00 service charge for incur additional administrative expenses and costs which are difficult or economically impractical to ascertain. In addition to any check returned by late charges and interest payable under the bank for any reason. LESSEE agrees Master Lease, if Subtenant fails to pay any undisputed amount hereunder within ten (10) days after notice that the same is due, Subtenant shall pay an administrative charge to Sublandlord equal to the greater of $250 or five percent (5%) of the delinquent amount. Neither demand for nor receipt of any late charge called for under this Sublease shall (i) operate to waive any default by Subtenant or provide a substitute for Subtenant’s full and timely performance of the obligation to pay Rent, or (ii) limit the exercise of any other right or remedy Sublandlord may have under this Sublease in case of Subtenant’s default.
4.6. Subtenant shall have the right, not more than once annually, with at least thirty (30) days’ prior notice to Sublandlord, to review the books and records of Sublandlord with respect to services provided under the Facilities Agreement and the Pass-Through Costs and Other Charges. Sublandlord shall make such books and records available at a place reasonably convenient to both Sublandlord and Subtenant. Such audit shall be conducted at Subtentant’s sole cost and expense unless the audit reveals that Subtenant was overcharged by more than ten percent (10%), in which event, Sublandlord shall pay for the cost of the audit (up to the amount of the returned check plus service charge within 3 daysovercharge). Upon LESSEE’S breach Subtenant acknowledges that it will not have the right to review the books and records of any term hereunder, payments due hereunder are accelerated Master Landlord and become immediately due and owing directly to LESSOR. Service fees that Sublandlord shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied under no obligation to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowdo so on Subtenant’s behalf.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees (a) Throughout the Term, Lessee shall pay to the Lessor as net rental (the "Net Rent") the amounts determined in accordance with, and on the "Payment Dates" (herein so called) described on Exhibit "A" attached hereto. During the Term, Lessee shall also pay to Lessor the items of Additional Rent (as hereinafter defined) set out on Exhibit "A". At such time as Improvements or Parcels are added to the Property, or construction advances are made to Lessee by Lessor in respect of New Improvements constructed by Lessee on any Parcel, the Net Rent and Additional Rent payments shall be adjusted as contemplated on Exhibit "A" and/or on the Supplement by which such Improvements or Parcels are added to the Property, and/or the Construction Supplement evidencing the construction advance in question, as applicable.
(b) All amounts that the Lessee is required to pay to the Lessor pursuant to this Lease (other than Net Rent), including, but not limited to, any and all amounts payable upon expiration of the Lease Term and/or upon transfer or purchase of the Property, together with amounts specifically denominated as rent such on Exhibit "A" as well as every fine, penalty, interest and cost that may be added for non-payment or late payment thereof, shall constitute "Additional Rent". Lessor shall give Lessee notice of any Additional Rent due hereunder promptly after it has knowledge of such Additional Rent, and shall use its best efforts to notify Lessee in advance of the aforesaid premises due date and residence privileges amount of such Additional Rent; provided that failure to give such prompt notice shall not relieve the sum Lessee of $9,399.00its obligation to pay such Additional Rent, subject to, as applicable, the Lessee's rights, if any, under Section 18 hereof.
(c) The Lessee shall pay on demand to the Lessor interest at a rate (the "Default Rate") equal to the lesser of (i) a rate that is 200 basis points (2%) in excess of the rate quoted from time to time by Citibank, N.A., New York, as its "prime" or "base reference" rate for short-term floating rate commercial loans (whether or not such rate is actually charged in any particular instance), adjusted daily, or (ii) the highest lawful rate, on all amounts payable by it to the Lessor hereunder from the due date thereof until paid in full, subject to Section 4(h) below. Said sum Any such interest at the Default Rate shall be paid at the same place and in the same manner as Net Rent (as hereinafter provided).
(d) All amounts payable by LESSEE the Lessee hereunder shall be paid in lawful money of the United States of America. All Net Rent payments shall be made to Lessor by 11:00 A.M. (New York City Time) on the applicable Payment Date. All Additional Rent or other sums due hereunder shall also be paid by 1:00 p.m. (New York City Time) on the applicable due date. All payments shall be made by wire transfer or other immediately available funds. Unless and until Lessee is otherwise notified in writing by Agent and Lessor, all payments of Net Rent or Additional Rent hereunder shall be paid to Lessor as follows: State Street Bank and Trust Company c/▇ ▇▇▇▇▇▇▇▇, ▇.▇. ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ Account # 4▇▇▇▇▇▇▇ ABA #0▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, Re: 1997 Pep Boys II Any payments of rental or other amounts hereunder by Lessee made other than in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing the foregoing requirements shall be at Lessee's peril and shall not be credited for the benefit of Lessee hereunder unless and until such funds are actually received by Lessor. If any payment schedule. There will be a $30.00 service charge of Net Rent, Additional Rent, or other sum due hereunder is timely made by Lessee but Lessor, as Trustee under the Declaration, fails to make timely distribution of the amounts in question to the Instrument Holder(s) entitled to receive such amounts, Lessee shall have no responsibility for any check returned late fees or other compensatory payments due to the Instrument Holders in respect of such late payment by the bank Trustee, nor subject to any other consequences arising therefrom.
(e) Agent shall endeavor to send to Lessee on a monthly basis an invoice stating the amount of Net Rent due for any reasonthe month in question. LESSEE agrees While the delivery of such an invoice is not a condition precedent to Lessee's obligation to pay the Net Rent due hereunder, if Agent fails to sent an invoice Lessee shall not be deemed to be in default of its obligations to pay Net Rent hereunder if, on the date the Net Rent is due hereunder Lessee (i) pays to Lessor an amount equal to the amount of Net Rent that was due and payable for the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term preceding month hereunder, payments due hereunder are accelerated and become immediately due and owing directly (ii) delivers to LESSOR. Service fees shall be deemed unpaid rent Agent a written notice that Lessee did not receive an invoice for the purposes month in question and is therefore unable to compute the exact amount due for the month in question, and (iii) Lessee makes any reconciliation payments necessary such that Lessee pays the correct amount of Net Rent hereunder for the month in question within five (5) day statutory notice requirement Business Days after Lessee receives a reconciliation invoice. If the amount actually paid by Lessee is more than the Net Rent due for unpaid rentthe month, Lessor shall refund the overage to Lessee within five (5) Business Days after the reconciliation invoice is produced by Agent. Any payments received from LESSEE positive difference between the amount of Net Rent due to Lessor and the actual amount paid by Lessee pursuant to the foregoing provision shall first be applied bear interest at the Applicable Rate for the period between the date the Net Rent payment is due hereunder and the date such reconciliation payment is actually made by Lessee, and in the event the actual payment of Net Rent made by Lessee as aforesaid is more than the amount of Net Rent due for the month in question, any credit or refund to service charges and utilities owed Lessee shall likewise bear interest at the Applicable Rate from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University date the Net Rent was paid by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid Lessee until such refund payment is made.
(FSAf) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial The Lessee shall perform all of its obligations under this Lease at its sole cost and expense and shall pay, when due and without notice or demand (except as otherwise provided in this Lease), all amounts due hereunder. LESSEE’S failure The Lessee agrees to meet the LESSEE’S financial obligations pay on demand (i) all Impositions (as defined in Section 6) (subject to Lessee's rights pursuant to paragraph 6) and (ii) all reasonable fees and expenses of the counsel to each of Lessor and Agent, in connection with the preparation, execution, delivery, modification and amendment of this Lease may result and any other documents to be delivered in connection herewith or therewith or in connection with or arising out of any refinancing or refunding thereof requested or consented to by Lessee.
(g) In the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant event that Lessee shall fail to pay any portion of any installment of Net Rent on the day on which such installment is due, to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency extent permitted by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to applicable law there shall be added to such unpaid amount a late charge of two percent (2%) of the LESSEE’S accountamount owed in order to compensate Lessor and Agent for the extra administrative expenses incurred. ▇▇▇▇▇▇▇▇ University is Any such late charges shall be paid by Lessee in the authorized collection/billing agent same manner as hereinabove provided for the payment of Net Rent. The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE foregoing provision shall pay utilities not be deemed to limit Lessor's right to receive interest at the Default Rate with respect to such payment as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLCin subsection 4(c) the security deposit as provided belowabove.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy (h) Notwithstanding the foregoing Lessor shall waive any late charges and/or any extra amounts due by Lessee as a result of the application of the Default Rate to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception late payments made by Lessee hereunder on up to this must be granted three (3) occasions during the Term so long as the payment in writing by The ▇▇▇▇▇ management. Payment question is made during the applicable grace or cure period such that the late payment in question does not become an Event of rent by third parties shall not give third party any constructive or possessory rights to the leased premisesDefault hereunder.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees As used in this Lease, the term "Rent" shall include: (i) the Base Rent; (ii) Tenant's Percentage Share of the Operating Expenses paid or incurred by Landlord during the calendar year; and (iii) all other amounts which Tenant is obligated to pay as rent for under the aforesaid premises and residence privileges the sum terms of $9,399.00this Lease. Said sum All amounts of money payable by Tenant to Landlord shall be paid without prior notice or demand, deduction or offset. This Lease is intended to be a triple net lease, with all costs, expenses and charges (including the Operating Expenses) paid by LESSEE Tenant, except as expressly prohibited herein. Tenant hereby acknowledges that late payment by Tenant to ▇▇▇▇▇▇▇▇ UniversityLandlord of Rent will cause Landlord to incur costs not contemplated by this Lease, as LESSOR’S designated collection/billing agent for housing rent the exact amount of which will be difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late feescharges, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will which may be a $30.00 service charge for any check returned imposed on Landlord by the bank for terms of any reasontrust deed covering the Premises. LESSEE agrees Accordingly, if any installment of Rent or any other sums due from Tenant shall not be received by Landlord when due, Tenant shall pay to Landlord a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, any amount which is not paid when due shall bear interest from the date due until the date paid at the rate ("Interest Rate") which is the lesser of the Wall Street Journal Prime Rate (or such other comparable rate reasonably designated by Landlord) plus four percent (4%) per annum or the maximum rate permitted by law. Notwithstanding the foregoing, with respect to the first two (2) failures to pay the an amount of the returned check plus service payable to Landlord when due under this Lease during any twelve (12) month period, no late charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees or interest shall be deemed unpaid rent for the purposes of the assessed until five (5) day statutory days after written notice requirement for unpaid renthas been delivered by Landlord to Tenant regarding such delinquent payment. Any payments received from LESSEE After such second notice, no further notices shall first be applied required with respect to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent interest and late fees only. LESSEE shall pay utilities as provided below, and shall pay charges during the LESSOR remainder of such twelve (The ▇▇▇▇▇, LLC12) the security deposit as provided belowmonth period.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Lease (Pc Tel Inc)
Rent. A. LESSEE agrees Commencing on the Commencement Date, Sublessee shall pay to Sublessor annual gross Rent, prorated on a monthly basis, in the amounts set forth below: Sublease Year Rate per sq foot Annual Rent Monthly Rent Year 1 $6.75 $659,394.00 $54,949.50 Year 2 $6.82 $665,988.00 $55,499.00 Year 3 $6.89 $672,648.00 $56,053.98 Year 4 $6.95 $679,374.00 $56,614.52 Sublessee promises to pay as rent to Sublessor in advance, without demand, deduction or set-off the monthly installments of Rent on or before the first day of each calendar month. Payments of Rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum any fractional calendar month shall be paid prorated. Rent shall increase effective on the first day of the first full month following each yearly anniversary of the Commencement Date during the Term. All payments required to be made by LESSEE Sublessee to ▇▇▇▇▇▇▇▇ University, Sublessor hereunder shall be payable at such address as LESSOR’S designated collection/billing agent for housing rent and late fees, Sublessor may specify from time to time by written notice delivered in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment scheduleherewith. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees The obligation of Sublessee to pay Rent and any other sums to Sublessor and the amount obligations of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due Sublessor under this paragraphSublease are independent obligations. LESSEE may cancel or modify this authorization Sublessee shall have no right at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇a▇▇▇▇, LLC for rent reduce, or set-off any Rent due hereunder except as may be expressly provided in this Sublease. Notwithstanding the foregoing, in the event Sublessor fails to make payments to the Landlord as required by the Master Lease or perform its obligations as required by the Master Lease, Sublessee shall be entitled, but not obligated, to make such payments or perform such duties and late fees onlymay deduct said amounts from Rent payments due hereunder. LESSEE shall pay utilities If Sublessee is delinquent in any monthly installment of Rent beyond five (5) days after the due date thereof, and after written notice as provided below, Sublessee shall pay to Sublessor on demand a late charge equal to five (5) percent of such delinquent sum. Sublessee shall not be obligated to pay the late charge until Sublessor has given Sublessee five (5) days written notice of the delinquent payment (which may be given at any time during the delinquency); provided, however, that such notice shall not be required more than twice in any 12-month period or four times during the Term. The provision for such late charge shall be in addition to all of Sublessor’s other rights and remedies hereunder or at law and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit not be construed as provided belowa penalty or as liquidating Sublessor’s remedies in any manner.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees (A) From the date of this Lease Agreement to the date of the issuance of the Bonds referred to in Paragraph 22 hereof, the County shall pay to the Issuer as rent for the aforesaid premises and residence privileges hereunder the sum of One Dollar ($9,399.001.00), the receipt and sufficiency of which is hereby acknowledged by the Issuer. Said sum Commencing upon the date of issuance of the Bonds and continuing so long as the Bonds are outstanding and unpaid, the County shall pay to the Issuer as rent hereunder the amounts set forth in Exhibit C hereto (the “Lease Payments”) on the dates prescribed therefor in Exhibit C hereto (the “Lease Payment Dates”). The parties agree that, if, on the date of execution of this Lease Agreement, the amounts to be set forth in Exhibit C are unascertained, the parties hereto shall execute an addendum to this Lease Agreement in order to add Exhibit C to this Lease Agreement no later than the date of issuance of the Bonds. Such Exhibit C shall provide for semiannual payments of the Lease Payments on and in each year, commencing on ,_ 2014, said date targeted for the completion of the Project, and continuing for so long as the Bonds are outstanding, subject to the conditions set forth in this Section 4(A). The amounts to be set forth in Exhibit C shall be equal to the amounts required to pay the principal of and the interest on the Bonds.
(B) The parties recognize and agree that integral to the issuance of the Bonds for the Project, the Issuer will assign certain of its rights under this Lease Agreement to a trustee (the “Trustee”) for the benefit of the owners of the Bonds pursuant to a trust agreement to be executed by and between the Issuer and a Trustee (the “Trust Agreement”). The parties agree that so long as the Bonds remain outstanding and unpaid, all Lease Payments due to the Issuer under subparagraph (A) of this Paragraph 4 shall be paid by LESSEE the County to the Trustee, as assignee of the Issuer, for deposit into the Lease Payment Fund to be created under the Trust Agreement (the “Lease Payment Fund”) and for disbursement to the owners of the Bonds, all as shall be provided in the Trust Agreement. The parties further agree that any amounts transferred by the Trustee to the Lease Payment Fund pursuant to the Trust Agreement shall be treated, pro tanto, as a payment of rent by the County pursuant to subparagraph (A) of this Paragraph 4.
(C) Commencing on ,_ 2014, and continuing on each Lease Payment Date thereafter for so long as the Bonds are outstanding, the Issuer shall contribute funds toward the Lease Payments in the amount calculated pursuant to the terms of Exhibit D (the “Issuer Contribution Payments”). The Issuer shall send the Issuer Contribution Payments to the Director of Finance of ▇▇▇▇▇▇ County at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ University▇▇▇▇, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following . The Issuer Contribution Payment is a material term of this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs Lease Agreement and is an absolute and unconditional obligation of the Issuer to the rent due County. Notwithstanding anything herein to the contrary, the Issuer’s failure to make the Issuer Contribution Payments shall not constitute an event of default under this paragraphLease Agreement. LESSEE may cancel In addition, nothing in this subparagraph 4(C) shall affect or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate impair the obligation of LESSEE hereunder the County, which is absolute and LESSEE shall be liable for unconditional (subject to Paragraph 8 (Nonappropriation), to pay the aforesaid rents unless said space Lease Payments as provided in this Lease Agreement, or affect or impair the right of action, which is leased also absolute and unconditional, of the Issuer to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable institute suit to LESSOR as here below provided. No refund shall be made of any pre-paid rentenforce and collect such payment.
Appears in 1 contract
Sources: Lease Agreement
Rent. A. LESSEE agrees Basic rents and payments or reimbursements for taxes, utilities and operating expenses and all other charges or reimbursables as and when collected under the Leases including without limitation charges for any special services provided to pay as rent any Tenant, overtime HVAC or special cleaning (collectively, the "Rents") shall be prorated; provided, however, that all Rents collected after the Closing under the Leases shall be applied, on a Lease by Lease basis, first, to satisfy obligations attributable to the payment period in which Closing occurs, second, in payment of all current Rents due and payable for the aforesaid premises period after the Closing, third, after Rents for all current periods have been satisfied in full in payment of Rents in arrears for the periods prior to the payment period in which the Closing occurs. At Closing, Seller shall assign to Purchaser all of its claims or causes of action against existing Tenants, if any. If at the time of Closing (as reflected in a Schedule to be delivered by Seller at Closing of all amounts known to Seller as due and residence privileges payable by any Tenant for the sum period prior to Closing but uncollected as of $9,399.00Closing, whether or not past due) or thereafter there are Rents owed by Tenants to Seller, then Purchaser will make commercially reasonable efforts, without suit, to collect the same for the account of Seller and any such Rents, if received, shall have been received by Purchaser for the account of Seller and will be remitted by Purchaser to Seller within 15 days of receipt. Said sum Seller expressly agrees that if Seller receives any Rents directly from Tenants after the Closing Date, Seller shall remit same to Purchaser within 15 days after receipt thereof and Purchaser shall deliver to Seller the amount thereof, if any, to which Seller is entitled pursuant to the terms hereof within 15 days after receipt thereof. All prepaid Rents and charges for the period following the Closing shall be paid over (or credited) by LESSEE Seller to ▇▇▇▇▇▇▇▇ UniversityPurchaser at Closing. After the Closing, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will Seller shall not be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees entitled to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately collect or attempt to collect Rents from Tenants due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for Seller, except those whose Lease or right to possession under the purposes of Lease has been terminated and in connection with which the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his Tenant has either vacated its premises or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowsummary proceedings have been instituted.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE Sublessee agrees to pay as to Sublessor the Minimum Monthly Rent on or before the first day of the first full calendar month of the term hereof and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof, except that the first month's rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall be paid upon the execution hereof. Rent for any period during the term hereof which is for less than one (1) month shall be a prorated portion of the monthly installment herein, based upon a thirty (30) day month. Rental shall be paid to Sublessor, without deduction or offset, in lawful money of the United States of America, which shall be legal tender at the time of payment to such person or place as Sublessor may from time to time designate in writing. Any costs incurred by LESSEE Sublessor in providing auxiliary aids or services or in undertaking barrier removal efforts as defined in and pursuant to ▇▇▇▇▇▇▇▇ Universitythe Americans With Disabilities Act of 1990 and the regulations promulgated thereunder, as LESSOR’S designated collection/billing agent for housing rent and late feesthe same may be amended or supplemented from time to time, or in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by similar federal, state, or local law or ordinance which are directly attributable to or arise primarily from Sublessee's use or occupancy of or improvements to the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees Premises shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid additional rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall be paid in full by Sublessee within 30 days after Sublessor gives Sublessee written notice that such cost has been incurred by Sublessor. All direct expenses and other costs and expenses which Sublessee is required to pay hereunder, together with all interest and penalties that may accrue thereon in the LESSOR event of Sublessee's failure to pay such amounts (The ▇▇▇▇▇including interest and late charges), LLC) and all damages, costs and expenses which Sublessor may incur by reason of any default of Sublessee or failure on Sublessee's part to comply with the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to terms of this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder Sublease, including Sublessor's reasonable and LESSEE actual attorney's fees, shall be liable deemed to be additional rent and, in the event of nonpayment by Sublessee, Sublessor shall l have all rights and remedies with respect thereto as Sublessor has for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made nonpayment of any pre-paid rentMinimum Monthly Rent.
Appears in 1 contract
Sources: Sublease (Jb Oxford Holdings Inc)
Rent. A. LESSEE agrees to pay as rent Sub-Sublandlord shall be responsible for the aforesaid premises timely payment of Base Monthly Rent and residence privileges Additional Rent under the sum Sublease and otherwise complying with the obligations of Sub-Sublandlord under the Sublease before and during the Sub-Sublease Term. Sub- Subtenant shall pay to Sub-Sublandlord the following as Sub-Sublease rent hereunder: 5. Sublease Term Rent; Rent Commencement Date. Beginning on the Sub- Sublease Rent Commencement Date, and continuing during the Sub-Sublease Term, Sub- Subtenant shall pay to Sub-Sublandlord, as sublease rent (“Monthly Sub-Sublease Rent”) and in lieu of the Base Monthly Rent set forth in the Sublease, in lawful money of the United States of America, without any deduction, offset, prior notice or demand, in advance on the first business day of each month of the Sub-Sublease Term from the Sub-Sublease Rent Commencement Date through the Sublease Expiration Date, the amount of $9,399.00. Said sum shall be paid by LESSEE [**] (based on a rental rate of $[**] per rentable square foot of the Subleased Premises), plus Sub-Subtenant’s Share (as defined below) of Additional Rent (as defined in the Sublease) required under the Sublease with respect to ▇▇▇▇▇▇▇▇ Universitythe Subleased Premises in and for the Sublease Term, as LESSOR’S designated collection/billing agent for housing rent excluding only utility usage and janitorial services, any late fees, damages or penalties arising from Sublandlord’s breach of the Master Lease (other than those, if any, resulting from Subtenant’s failure to comply with this Sublease), and except as otherwise provided in accordance this Sublease. Sub-Sublandlord shall provide Sub-Subtenant any documentation actually received by Sub-Sublandlord with ▇▇▇▇▇▇▇▇ Universityrespect to such Additional Rent amounts and will reasonably cooperate to obtain any other documentation reasonably requested by Sub-Subtenant with respect to such Additional Rents. Notwithstanding anything to the contrary contained in this Sub-Sublease, Sub-Subtenant’s published invoicing obligation for payment of Monthly Sub-Sublease Rent shall be conditionally abated for each of the initial [**] ([**]) full calendar months of the Sub-Sublease Term by [**] percent ([**]%) (“Abatement”), provided that in the event of the termination of this Sub-Sublease due to a breach by Sub-Subtenant under this Sub-Sublease, then, in addition to all other rights and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay remedies of Sub-Sublandlord, the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become Monthly Sub- Sublease Rent theretofore so conditionally abated shall be immediately due and owing directly payable in full to LESSOR. Service fees Sub-Sublandlord (“Inducement Recapture”) and Sub-Subtenant shall not be deemed unpaid rent for the purposes entitled to any further conditional abatement of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR Monthly Sub-Sublease Rent hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph Such abatement shall apply to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at Monthly Sub-Sublease Rent only and shall not relieve Sub-Subtenant of any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial other obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSORSub-Sublease including, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇without limitation, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE to pay Additional Rent hereunder. As used herein, “Sub-Sublease Rent Commencement Date” shall be liable for mean the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.Sub-
Appears in 1 contract
Rent. A. LESSEE agrees (a) Sublessee shall pay Sublessor during the Term of this Sublease, without offset, deduction, prior notice or demand, the Base Rent in the amount of Thirty Thousand Two Hundred and Forty-Four dollars ($30,244.00) per month (“Base Rent”), or a pro rated amount thereof for any fraction of a month; provided however, that Sublessee may defer the first two months’ Base Rent for up to 45 days each without penalty or interest, and such deferred rent shall not constitute a default under Article 4 hereof.
(b) In addition to the Base Rent provided by subparagraph (a) of this Section 2, Sublessee shall pay all additional rent and other charges imposed under the Master Lease with respect to the Sublet Premises and Sublessee’s use thereof and operations therein, including but not limited to all Operating Costs imposed under the Master Lease, (collectively, “Operating Costs”) which shall include (i) Taxes as rent defined in the Master Lease and pursuant to the terms and conditions of Article 5 of the Master Lease, (ii) Utilities as defined in the Master Lease and pursuant to the terms and conditions of Article 6 of the Master Lease, (iii) maintenance and repair costs as described in subparagraph A of Article 7 of the Master Lease; and (iv) insurance costs pursuant to the terms and conditions of Article 12 of the Master Lease. Operating Costs shall not include the cost of any financing or ground lease on the Premises (other than Base Rent), capital improvements to the Premises (unless approved by Sublessee in its sole discretion), management costs, or overhead. Sublessor shall request an additional payment for increased Operating Costs from Sublessee, together with evidence of the aforesaid premises increased costs and residence privileges the sum payment of $9,399.00such increased costs, as Sublessee may reasonably require. Said sum Sublessee shall make payment to Sublessor within thirty (30) days of receipt of such request.
(c) The Base Rent shall be paid to Sublessor at the address set forth in Section 5.2 of this Sublease, or at such other place as Sublessor may designate, in advance, three (3) Business Days prior to the first day of each and every month throughout the Term of this Sublease.
(d) In addition to the Base Rent provided by LESSEE subparagraph (a) of this Section 2, Sublessee shall pay for the right to ▇▇▇▇▇▇▇▇ Universityuse all Sublessor’s office and non-factory furniture and equipment that is currently available for use on the Sublet Premises, as LESSOR’S designated collection/billing agent for housing rent set forth on Schedule 1.3(d) hereto. Sublessee acknowledges and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing agrees that it has inspected such non-factory furniture and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE equipment and Sublessee agrees to pay accept same in its present condition, “as is, where is” and “with all faults.” Upon the amount expiration or earlier termination of this Sublease, Sublessee shall deliver such non-factory furniture and equipment to Sublessor in good condition and repair, normal wear and tear excepted; provided, however, that if Sublessee exercises its option to assume the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly option to LESSOR. Service fees shall be deemed unpaid rent for purchase the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University Premises pursuant to the University Student Disclosure Statement a copy Option Agreement, Sublessee shall pay Sublessor the net book value of which LESSEE acknowledges receipt the furniture and equipment listed on Schedule 1.3(d) hereto, determined as of and furthermore any delinquent accounts may the date of the exercise of such option. Factory equipment shall be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added subject to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University terms and conditions of a lease agreement (the “Master Equipment Lease”) that is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent separate and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowapart from this Sublease.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease (Dynamic Materials Corp)
Rent. A. LESSEE agrees The SUBLESSEE shall pay annual rent equal to pay Lessor's actual cost of operation of the Van Vleet Building, including 98% of actual cost of utilities of the Van Vleet Building, as shown on Exhibit C hereto. The initial annual rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ Universityestimated and divided into twelve (12) equal monthly installments. Such rent shall be payable on the Effective Date and the first day of each month thereafter during the term of this Sublease without demand or offset, except as LESSOR’S designated collection/billing agent for housing rent and late feesstated herein. The rental amount will be adjusted every quarter, starting July 1, 2005, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be this Section 2 to reflect a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees rent equal to pay the amount LESSOR's actual cost of the returned check plus service charge operation of the Van Vleet Building and 98% of the building's utilities, in accordance with Exhibit C. Within fifteen (15) days after June 30, 2005 and each quarter thereafter, SUBLESSOR shall submit to SUBLESSEE a statement of actual costs of operation for such quarter. If the actual costs exceed the rent paid for such period, then SUBLESSEE shall remit such difference to SUBLESSOR within 3 daysfifteen (15) days after receipt of the statement. Upon LESSEE’S breach If the rent paid exceeds the actual costs, then SUBLESSOR shall apply such difference as a credit on the next rental payment. Any remaining rental credits outstanding at the termination of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees this Sublease shall be deemed unpaid rent for forfeited to SUBLESSOR unless LESSOR shall exercise its rights to terminate the purposes Lease and SUBLESSEE shall lose any rights afforded it hereunder prior to the expiration of the five Term. Additionally, after the receipt of the statement, SUBLESSOR shall adjust the rental amount to be paid each subsequent month such that the monthly payment is equal to one-twelfth (51/12) day statutory notice requirement for unpaid rentof the actual cost of operation on an annualized basis and Exhibit C shall be amended accordingly. Any payments received from LESSEE "Actual cost of operation" shall first be applied to service charges mean all the costs and utilities owed from expenses paid or incurred by or on behalf of LESSOR in owning, maintaining, operating and repairing the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs Premises and the building in which the Premises are located, including but not limited to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant costs of capital improvements to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of building, depreciation charges, custodial services, if any, utilities, elevator maintenance, pest control services, steam boiler inspection, hot water boiler inspection, chiller maintenance, trash disposal, lighting and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent other building maintenance and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowrepair costs.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease (GTX Inc /De/)
Rent. A. LESSEE agrees During each calendar year, or portion thereof, falling within the Lease Term, Tenant shall pay to pay Landlord as rent Additional Base Rental hereunder the sum of:
(1) Tenant's Pro Rata Share of the amount, if any, by which Taxes (hereinafter defined) for the aforesaid premises applicable Fiscal Year exceed Taxes for the Tax Base Year plus; (2) Tenant's Pro Rata Share of the amount, if any, by which Expenses (hereinafter defined) for the applicable calendar year exceed Expenses for the Expenses Base Year. For purposes hereof, "Expenses" shall mean all Basic Costs with the exception of Taxes. Tenant's Pro Rata Share of increases in Taxes and residence privileges the sum Tenant's Pro Rata Share of $9,399.00. Said sum increases in Expenses shall be paid by LESSEE computed separate and independent of each other prior to being added together to determine the "Excess". In the event that Taxes in any Fiscal Year decrease below the amount of Taxes for the Tax Base Year, Tenant's Pro Rata Share of Taxes for such Fiscal Year shall be deemed to be $0, it being understood that Tenant shall not be entitled to any credit or offset if Taxes decrease below the corresponding amount for the Tax Base Year. In the event that Expenses in any calendar year decrease below the amount of Expenses for the Expenses Base Year, Tenant's Pro Rata Share of Expenses for such calendar year shall be deemed to be $0, it being understood that Tenant shall not be entitled to any credit or offset if Expenses decrease below the corresponding amount for the Expenses Base Year. Notwithstanding the fact that Tenant's Pro Rata Share of increases in Taxes over the Tax Base Year is calculated on a Fiscal Year basis, Landlord shall be entitled to ▇▇▇▇▇ Tenant for such amounts following the end of each calendar year at the same time that Tenant will be billed for its Pro Rata Share of increases in Expenses over the Expenses Base Year. For example, during the calendar year 2000, Tenant, on a monthly basis as provided below, shall pay Landlord an amount equal to one-twelfth (1/12) of the estimated amount by which Taxes for the Fiscal Year 1999 (7/1/98 - 6/30/99) will exceed Taxes for the Tax Base Year. Following the date on which Landlord receives the quarterly tax ▇▇▇▇ Universitywith respect to the actual amount of Taxes for Fiscal Year 2000, Landlord, as LESSOR’S designated collection/billing agent for housing rent and late feesprovided below, in accordance shall provide Tenant with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay reconciliation of Tenant's actual Pro Rata Share of the amount by which Taxes for the Fiscal Year 2000 exceed Taxes for the Tax Base Year. Such reconciliation statement may be sent by Landlord separately or together with Landlord's reconciliation of Tenant's actual Pro Rata Share of the returned check plus service charge within 3 daysamount by which Expenses for the calendar year 1999 exceed Expenses for the Expenses Base Year. Upon LESSEE’S breach of any term hereunderIf the Tax Base Year is more than or less than twelve (12) months, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees the Tax Base Year shall be deemed unpaid rent adjusted pro-rata so that the Tax Base Year is determined on a twelve (12) month basis. If any Fiscal Year after the Tax Base Year is more than or less than twelve (12) months, then such Fiscal Year shall be adjusted pro-rata so that such Fiscal Year is determined on a twelve (12) month basis for the purposes of calculating the five (5) day statutory notice requirement Excess for unpaid rentsuch Fiscal Year. Any payments received from LESSEE As soon as is practical following the end of each calendar year during the Lease Term, Landlord shall furnish to Tenant a statement of Landlord's actual Basic Costs and the actual Excess for the previous calendar year. Landlord shall use reasonable efforts to furnish the statement of actual Basic Costs on or before June 1 of the calendar year immediately following the calendar year to which the statement applies. If the estimated Excess actually paid by Tenant for the prior year is in excess of Tenant's actual Pro Rata Share of the Excess for such prior year, then Landlord shall apply such overpayment against Additional Base Rental due or to become due hereunder, provided if the Lease Term expires prior to the determination of such overpayment, Landlord shall refund such overpayment to Tenant after first be applied to service charges and utilities owed from deducting the LESSEE to LESSOR amount of any Rent due hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph Likewise, Tenant shall pay to apply eligible funds received by LESSEE pursuant to Federal Student Aid Landlord, within thirty (FSA30) programs days after demand, any underpayment with respect to the rent due under prior year, whether or not the Lease has terminated prior to receipt by Tenant of a statement for such underpayment, it being understood that this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this clause shall survive the expiration of the Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Office Lease (Merrill Corp)
Rent. A. LESSEE agrees 4.1. Master Tenant covenants to pay to Landlord, in lawful money of the United States of America, without notice or demand and without any set-off, deduction or abatement whatsoever (except as rent otherwise set forth herein), the Rent as follows:
4.1.1. Master Tenant shall pay the annual amount as set forth and identified as “Base Rent” on Exhibit A hereto (“Base Rent”), payable in arrears on the last day of each calendar month during the Term of this Agreement, or, if earlier, no later than such other day as may be required by the holder of a Permitted Mortgage under its applicable Loan Documents. Notwithstanding the foregoing, as an administrative convenience to Landlord, Landlord hereby irrevocably directs Master Tenant to pay such Base Rent directly to the holder of any Permitted Mortgage, or otherwise in accordance with any Permitted Mortgage, on or before the due date thereunder. Landlord will, for purposes of this Section, keep Master Tenant informed of any changes to such obligations; and
4.2. [Intentionally omitted].
4.3. Any Rent not paid when due shall bear interest from the aforesaid premises and residence privileges due date at the sum Default Rate until paid in full.
4.4. [Intentionally omitted].
4.5. In the event that the Projected Uncontrollable Costs for any calendar year (or stub period thereof, in the event that a lease year begins after January 1 of $9,399.00a calendar year or ends before December 31 of a calendar year) exceed the actual Uncontrollable Costs for such calendar year or stub period thereof, Master Tenant shall pay to Landlord, as additional Rent hereunder, the amount of such excess, within ninety (90) days following the end of the applicable calendar year (or stub period thereof). Said sum If, however, the actual Uncontrollable Costs for any calendar year (or stub period thereof) exceed the Projected Uncontrollable Costs for such calendar year (or stub period thereof) (such amount the “Excess Uncontrollable Costs”), then Master Tenant shall be paid responsible for payment of such Excess Uncontrollable Costs, but shall be entitled to reimbursement of such Excess Uncontrollable Costs by LESSEE offsetting such amount against Rent payable to ▇▇▇the Trust pursuant to Section 4.1.2 beginning with the first lease month that begins on or after ninety (90) days following the end of such calendar year (or stub period thereof), and against such amounts payable to Landlord in later months, if and as needed, until the full amount of the Excess Uncontrollable Costs incurred for such calendar year (or stub period thereof) have been reimbursed to the Master Tenant. Notwithstanding the foregoing, so long as a Permitted Mortgage is outstanding, Master Tenant shall not ▇▇▇▇▇ Universityany Base Rent or Impositions.
4.6. To the extent that monthly escrows are required by a holder of a Permitted Mortgage, as LESSOR’S designated collection/billing agent Master Tenant shall deposit monthly with Landlord (or Landlord’s designee), simultaneously with its payment of Base Rent, one-twelfth (1/12) of the Impositions and premiums for housing rent insurance required under Section 8 hereof, which amounts may be adjusted from time to time depending on such Impositions and late feesinsurance premiums from time to time, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees amounts sufficient to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowsame when due.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Master Lease Agreement (Jones Lang LaSalle Income Property Trust, Inc.)
Rent. A. LESSEE agrees to pay as rent for the aforesaid premises and residence privileges the sum of $9,399.008690.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- dis-enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Lease Agreement
Rent. A. LESSEE agrees a) From and after the Commencement Date, Sub-Subtenant shall pay to pay Sub-Sublandlord rent (“Fixed Rent”) in an amount equal to 100% of the then applicable Base Rent (as rent for defined in the aforesaid premises Sublease) payable by Sub-Sublandlord to Sublandlord pursuant to Section 4.1 of the Sublease, consistently with the terms of Article 4 of the Sublease.
b) Fixed Rent and residence privileges all other amounts (“Additional Rent;” together with Fixed Rent, collectively “Rent” or “rent”) payable by Sub-Subtenant to Sub-Sublandlord under the sum provisions of $9,399.00. Said sum this Sub-Sublease shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff. Fixed Rent and Additional Rent shall be paid to Sub-Sublandlord in lawful money of the United States at the office of Sub-Sublandlord or such other place (or by LESSEE wire) as Sub-Sublandlord may designate from time to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and time. No payment schedule. There will be a $30.00 service charge for by Sub-Subtenant or receipt by Sub-Sublandlord of any check returned by the bank for any reason. LESSEE agrees to pay lesser amount than the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due stipulated to be paid hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes other than on account of the five (5) day statutory notice requirement for unpaid rentearliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sub-Sublandlord may accept any check or payment without prejudice to Sub-Sublandlord’s right to recover the balance due or to pursue any other remedy available to Sub-Sublandlord. Any payments received from LESSEE provisions in the Sublease incorporated herein by reference (whether capitalized or lower case) referring to “fixed rent,” “annual rent,” “base rent,” “rent,” ‘‘additional rent,” “escalations,” “payments” or “charges” or words of similar import shall first be applied deemed to service charges refer to Fixed Rent and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent Additional Rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowSub-Sublease.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sub Sublease (Sema4 Holdings Corp.)
Rent. A. LESSEE agrees Subtenant shall pay to pay Sublandlord in monthly installments during the Term of this Sublease on or before the first day of every calendar month during the Term Subtenant's Building Share of any and all costs, expenses, claims, liabilities, losses, actions, causes of action, judgments (as rent such are internally accounted for by Sublandlord) actually incurred in the ownership, use, maintenance and/or operation of the Building ("Rent"). The parties agree that the Rent charged to Subtenant shall be consistent with Sublandlord's then current accounting practices, which shall be in conformity with GAAP. The terms "Building Share" shall mean a fraction, the numerator of which is the number of rentable square feet within the Subleased Premises, and the denominator of which shall be the total number of rentable square feet within the Building. The parties agree that Subtenant's initial Building Share is equal to 52.70% and Subtenant's Building Share as determined herein shall be modified, based on any increase or decrease in the number of rentable square feet within the Subleased Premises as permitted under this Sublease. The parties also agree that, by way of example only and not of limitation, Exhibit "F" attached hereto shows the parties' initial estimate of Rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount first year of the returned check plus service charge within 3 daysTerm but such Exhibit shall not limit or define Rent, but is merely an illustration as to the calculation of Rent. Upon LESSEE’S breach If Sublandlord obtains a Replacement, Subtenant shall continue its occupancy of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly the Subleased Premises (pursuant to LESSOR. Service fees shall be deemed unpaid rent Section 2.3) for the purposes of the period, which ends five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE years after the Effective Date, and Subtenant shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure paying the newly calculated Rent, which shall include an additional amount equal to meet Subtenant's Building Share of the LESSEE’S financial obligations pursuant to this Lease may result costs incurred in connection with the renegotiation, including, without limitation, interest on Sublandlord's equity investment in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to Building, interest on any debt encumbering the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of campus, attorneys' fees, and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection and all other costs and expenses incurred by Sublandlord in connection with such Replacement. Upon completion by Sublandlord of "Sublandlord's Work" described in Exhibit "E" hereto, Sublandlord shall determine the LESSOR amount of depreciation permitted to be taken thereon monthly during the Term, which amount shall be added to the LESSEE’S accountRent payable hereunder. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇Sublandlord shall provide notice of such monthly increase in Rent, LLC for rent and late fees only. LESSEE thereafter Subtenant shall pay utilities as provided belowRent in the amount set forth in Sublandlord's notice. In the event such notice is delivered after the Effective Date, and Subtenant shall pay to Sublandlord, within thirty (30) days after receipt of such notice, such additional Rent due for any month prior to and including the LESSOR (The ▇▇▇▇▇month in which such notice is given. In all cases, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to Subtenant's obligations under this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties Section 5.1 shall not give third party include any constructive or possessory rights "accelerated" payments related to the leased premisesamortized costs described herein.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees (a) During the Term of this Lease, Lessee shall pay the basic rent provided for in Schedule B annexed hereto (Basic Rent) to pay Lessor (or to any ---------- other party as rent for Lessor may from time to time specify in writing), by bank wire transfer or electronic funds transfer (including automated clearinghouse transfers) of immediately available federal funds initiated before 10:30 A.M., Eastern Time, at Lessor's address set forth above, or at such other place within the aforesaid premises continental United States to which bank wire or electronic funds transfers can be made, as Lessor may from time to time designate to Lessee in writing. Basic Rent during the Basic Term and residence privileges any Renewal Term shall be due and payable by Lessee in installments in the sum amounts set forth in Schedule B on the dates set forth in Schedule B (Installment Payment Dates). If any Installment Payment ------------------------- Date falls on a day that is not a Business Day, Basic Rent shall be due and payable on the next succeeding Business Day without interest or penalty if paid on such Business Day. In the event of $9,399.00. Said sum any assignment by Lessor to an Assignee pursuant to the provisions of paragraph (b) of Article 20 hereof, all payments that are assigned to such Assignee, whether Basic Rent, Additional Rent or otherwise, shall be paid in such manner and in such place as shall be designated by LESSEE Lessor or such Assignee.
(b) All amounts that Lessee is required to ▇▇▇▇▇▇▇▇ Universitypay or discharge pursuant to this Lease in addition to Basic Rent (including, without limitation, amounts payable as LESSOR’S designated collection/billing agent the Purchase Price, Termination Value or other amounts for housing each Leased Property pursuant to any provision hereof, any Adjustment Price or Maximum Lessee Risk Amount payable pursuant to Article 30, any Reinvestment Premium, any amounts payable pursuant to Article 21 hereof or as liquidated damages pursuant to paragraph (c) of Article 22 hereof and any indemnity payments payable pursuant to Articles 8 and 9 hereof), together with every fine, penalty, overdue interest and cost which may be added for nonpayment or late payment thereof, shall constitute additional rent hereunder (all of the foregoing, Additional Rent). In the event of any failure by Lessee to pay or --------------- discharge any such Additional Rent, Lessor shall have all rights, powers and late feesremedies provided for herein or by law or otherwise in the case of nonpayment of Basic Rent. Lessee shall pay Additional Rent to Lessor (or to any other party as Lessor may from time to time specify in writing) in the same manner specified for the payment of Basic Rent or, with respect to portions of Additional Rent payable to third parties, Lessee may pay such portions of Additional Rent directly to the Persons entitled thereto. Lessee also covenants to pay to Lessor on demand as Additional Rent, interest at the Overdue Rate, but in no event greater than the maximum rate permitted by applicable law, on (i) all overdue installments of Basic Rent from the due date thereof until paid in full, (ii) all overdue amounts of Additional Rent, arising out of obligations which Lessor shall have paid on behalf of Lessee pursuant to Article 21 hereof or otherwise from the date of such payment by Lessor until paid in full and (iii) each other sum required to be paid by Lessee hereunder which is overdue, including without limitation, any Maximum Lessee Risk Amount or portion thereof, Purchase Price, Termination Value or other amounts for the Leased Properties, Adjustment Price, any Reinvestment Premium, and any amounts payable pursuant to Article 21 hereof or as liquidated damages pursuant to paragraph (c) of Article 22 hereof, from the date such sum was due until the date received by the Person entitled thereto.
(i) The Termination Values, (ii) the Purchase Price, and (iii) the Maximum Lessor Risk Amount and the Maximum Lessee Risk Amount, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing each case, shall be at least sufficient at all times during the Maximum Lease Term to pay all outstanding principal and payment schedule. There will be a $30.00 service charge for any check returned accrued and unpaid interest under the indebtedness evidenced by the bank for any reason. LESSEE agrees Notes, to pay to Lessor the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunderoutstanding Equity Investment and accrued and unpaid Equity Return and to pay the Reinvestment Premium, payments due hereunder are accelerated if any, payable under the Notes and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes in respect of the five (5) day statutory notice requirement for unpaid rentEquity Investment. Any payments received from LESSEE The foregoing shall first in no event constitute or be applied to service charges and utilities owed from construed as a guarantee by Lessee of the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to Notes and/or the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowEquity Investment.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees Minimum Rent (as hereinafter defined) and Additional Rent (as hereinafter defined) and other charges which shall become due and payable hereunder as set forth herein are sometimes collectively referred to pay herein as rent for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum “Rent.”
B. All Rent shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ Universitythe Landlord at the Landlord’s address, or at such other place or to such other person as LESSOR’S designated collection/billing agent for housing rent and late feesthe Landlord may designate, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing lawful money of the United States of America.
C. The Tenant does hereby covenant and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees agree to pay the amount Rent herein reserved as and when the same shall become due and payable, without demand therefor and without any set-off or deduction whatsoever, and to keep and perform, and to permit no violation of, each and every one of the returned check plus covenants, agreements, terms, provisions and conditions herein contained on the part and on behalf of the Tenant to be kept and performed, provided, that set-off or deduction is allowed in the event that Landlord does not make the required reimbursement allowance payments to Tenant as described in Section 49.
D. If the Tenant fails or refuses to pay Rent hereunder and the Landlord institutes suit for the collection of same or for possession of the Premises, the Tenant agrees to reimburse the Landlord, as Additional Rent hereunder, for all reasonable expenses incurred by the Landlord in connection therewith, including, but not limited to, reasonable attorney’s fees. If the payment of any sum required to be paid by the Tenant to the Landlord under this Lease (including, without limiting the generality of the foregoing, Rent, adjustments or payments made by the Landlord under the provisions of this Lease for which the Landlord is entitled to reimbursement by the Tenant) shall become overdue for ten (10) business days beyond the date on which written notice was given to Tenant of non-payment of rent due and payable as provided in this Lease, then a delinquency service charge within 3 days. Upon LESSEE’S breach equal to five (5%) percent of any term hereunder, payments due hereunder are accelerated and the amount overdue shall become immediately due and owing directly payable to LESSORthe Landlord as liquidated damages for the Tenant’s failure to make prompt payment. Service fees Further, such delinquency service charge shall be deemed unpaid rent for payable on the purposes first day of the five month next succeeding the month during which such late charges become payable as Additional Rent, together with interest on the amounts overdue from the date on which they become due and payable computed at the rate of the lower of statutory rate or twelve (512) day statutory notice requirement for unpaid rentpercent per annum. Any payments received from LESSEE shall first be applied to In the event of nonpayment of any delinquency service charges and utilities owed from interest provided for above, the LESSEE Landlord shall have, in addition to LESSOR hereunderall other rights and remedies, all the rights and remedies provided for herein and by law in the case of nonpayment of Rent. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University No failure by inserting his the Landlord to insist upon the strict performance by the Tenant of the Tenant’s obligation to pay late charges shall constitute a waiver by the Landlord of its rights to enforce the provisions of this Section 3 in any instance thereafter occurring. The provisions of this Section 3 shall not be construed in any way to extend any notice period provided for in this Lease.
E. Whenever in this Lease the Tenant is required to pay Additional Rent or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs other charges to the rent due under this paragraph. LESSEE Landlord, the Landlord shall have all remedies for the collection thereof that it may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE have for the nonpayment of Minimum Rent hereunder.
F. This Lease is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR intended to be added to a Net, Net, Net Lease and the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE Rent reserved hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased absolutely net to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rentLandlord, except where otherwise specifically set forth herein.
Appears in 1 contract
Sources: Lease Agreement (Integra Lifesciences Holdings Corp)
Rent. A. LESSEE agrees (a) During the Term of this Lease, Lessee shall pay basic rent ("BASIC RENT") in uneven installments payable in arrears on each Payment Date during such Term, in each case, in an amount equal to pay (i) the aggregate amount of interest payable (as rent described in SECTION 6.3 of the Participation Agreement) on each Advance for which payment is due on such Payment Date plus the Investment Yield payable (as described in section 6.3 of the Participation Agreement) on the Lessor Investment accrued and unpaid to such Payment Date less (ii) the Basic Rent payable on such date under the Freezer Lease; provided, however, that Basic Rent shall not include interest payable on Advances or Investment Yield payable on Lessor Investment made with respect to any Restaurant Property or the HQ Expansion during the Construction Period for the aforesaid premises and residence privileges the sum of $9,399.00applicable property. Said sum All Basic Rent shall be paid by LESSEE Lessee directly to ▇▇▇▇▇▇▇▇ UniversityAgent on behalf of Lessor, not later than 12:00 noon. (Nashville, TN time) on each Payment Date in Dollars received by Agent, at such address as LESSOR’S designated collection/billing agent for housing rent Agent shall designate in a notice to Lessee. If any Payment Date falls on a day that is not a Business Day, Basic Rent shall be due and late payable on the next succeeding Business Day and such extension of time shall be included in the computation of interest or fees. If, however, such extension would cause payment of interest or principal of Eurodollar Rate Obligations to be made in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and the next following calendar month, such payment schedule. There will shall be a $30.00 service charge for any check returned by made on the bank for any reason. LESSEE agrees next preceding Business Day.
(b) All amounts that Lessee is required to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations discharge pursuant to this Lease may result in addition to Basic Rent (including, without limitation, amounts payable as the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University Termination Value, any amounts payable pursuant to the University Student Disclosure Statement a copy of SECTION 11 hereof or as liquidated damages pursuant to SECTION 12.2(A)(IV) hereof, and any Breakage Costs), together with Facility Fees, every fine, penalty, overdue interest and cost which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney added for nonpayment or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided belowpayment thereof, and shall pay the LESSOR (The ▇▇▇▇▇all other amounts, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment liabilities and obligations of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.whatsoever nature relating
Appears in 1 contract
Sources: Lease (O Charleys Inc)
Rent. A. LESSEE agrees Subtenant shall pay in advance to Sublandlord basic rent of Four Thousand Dollars ($4,000) per month ("BASE RENT") for the term of this Sublease, payable on the Commencement Date and on the first day of each month thereafter during the term of this Sublease. Payment of Base Rent shall be made without demand, notice, counterclaim, offset or deduction. It is the intention of the parties that the payment of Base Rent provided above shall be absolutely "net" to the Sublandlord, by which is meant that the parties intend that the Sublandlord shall have the Base Rent in hand after payment of any and all expenses that Sublandlord is required to pay on account of its leasehold interest in the Deacon Premises and that arise during the term of this Sublease. SECTION 17 of this Sublease sets forth additional provisions relative to the payment of expenses related to the Deacon Premises. All such expenses that Sublandlord is required to pay under the terms of the Master Lease (or otherwise) with respect to the Deacon Premises (hereinafter referred to as rent for "ADDITIONAL RENT"), to the aforesaid premises and residence privileges extent not directly paid by the sum of $9,399.00. Said sum Subtenant, shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned invoiced by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs Sublandlord to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet Subtenant and the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and Subtenant shall pay the LESSOR (The ▇▇▇▇▇Sublandlord the amount so invoiced, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇without further demand, notice, counterclaim, offset or deduction, within 30 days of invoice. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment Additional Rent includes all costs and expenses of rent by third parties shall not give third party any constructive kind or possessory rights description with respect to the leased premises.
D. Withdrawal Deacon Premises that are the responsibility of the "Tenant" under the Master Lease and that arise during the term of this Sublease. Base Rent and Additional Rent are referred to herein collectively as "RENT". Subtenant's agreement to pay Rent is an independent covenant, with no right of setoff, deduction or suspension from counterclaim of any kind, except if and to the University shall not terminate extent APPC objects to Subtenant occupying the Deacon Premises. The obligation of LESSEE hereunder and LESSEE the Subtenant to pay Rent accruing during the term of this Sublease, whether Base Rent or Additional Rent, shall survive any termination of this Sublease or the Master Lease. Rent shall be liable prorated for any partial month at the aforesaid rents unless said space is leased to another resident beginning and/or end of the Sublease term, by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made dividing the stated monthly rental rate (and Tenant's pro rata share of any pre-paid rentAdditional Rent) by the number of days in such month during which Subtenant occupies the Deacon Premises.
Appears in 1 contract
Rent. A. LESSEE agrees To the extent that the Existing Lessor has received (or, on the next scheduled date for payment of [Rent], does receive) from Lessee any amount of [Rent] payable by Lessee pursuant to pay as rent the Lease that is referable to any period after the Effective Time, Existing Lessor shall arrange for the aforesaid premises and residence privileges the sum of $9,399.00. Said sum shall such [Rent] to be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, the New Lessor at or as LESSOR’S designated collection/billing agent for housing rent soon as reasonably practicable after the Effective Time and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing such payment shall discharge pro tanto and payment schedule. There will be a $30.00 service charge for any check returned by without penalty the bank for any reason. LESSEE agrees Lessee's obligation to pay the New Lessor for the relevant period. To the extent that the New Lessor has received (or, on the next scheduled date for payment of [Rent], does receive) from Lessee any amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University [Rent] payable by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University Lessee pursuant to the University Student Disclosure Statement a copy Novated Lease that is referable to any period prior to the Effective Time, the New Lessor shall arrange for such [Rent] to be paid to the Existing Lessor as soon as reasonably practicable after the Effective Time and such payment shall discharge pro tanto and without penalty the Lessee's obligation to pay the Existing Lessor for the relevant period. [With effect from the Effective Time, the current balance of which LESSEE acknowledges receipt of the [Security Deposit] and furthermore the [Supplemental Rent] (in each case in the amounts set forth in the Effective Time Notice) shall be transferred in full to the New Lessor. Each party hereto agrees that with effect from the Effective Time [and subject to Clause 5.2.2 below], any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred claim by the LESSOR Lessee for reimbursement of the [Security Deposit] or payment of [any maintenance contribution12] shall be made only against the New Lessor, and the New Lessor hereby expressly confirms that it shall assume such obligations with effect from the Effective Time.13] [To the extent that the Novated Lease sets out any other lessor maintenance or similar reimbursement obligations which are not passed in their entirety to New Lessor, a section to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent clearly state who assumes responsibility for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowthose matters.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.]
Appears in 1 contract
Rent. A. LESSEE agrees Mattson shall pay Rent to Lam as provided herein. Rent under th▇▇ ▇▇▇▇ease has two compon▇▇▇s: (1) Sublease Base Rent, as set forth in Section 6.1 below; and (2) Additional Rent, as described in the Lease and as modified or supplemented by the additional items described herein (Sublease Base Rent and Additional Rent are collectively referred to herein as "Rent"). The intent of the parties is for Mattson to pay as rent all expenses imposed on Lam by virtue of the Lea▇▇, ▇▇▇luding those expenses incurred by ▇am for upkeep, repair, maintenance and landscaping performed by Lam ▇▇ Additional Rent under this Sublease, calculated (where a▇▇▇icable) in the aforesaid premises manner described in the Lease, except to the extent of (a) Lam's obligation to pay Base Monthly Rent under the Lease; (b) ▇▇▇ ▇ost to Lam to maintain the property insurance required by the Lease; (▇) any obligations of Lam which relate to events that occurred prior to Mattson's occupancy; and residence privileges (d) Lam's obligation to pay any brokerage ▇▇▇▇▇ssion that it has as▇▇▇▇▇ the obligation to pay. Rent shall be due and payable to Lam by Mattson on the same dates on which Rent is due under the ▇▇ase. ▇▇ ▇▇▇h anniversary of the Sublease Commencement Date, when the Master Landlord changes the Additional Rent payment due, and at such other mutually agreeable times, the parties shall conduct a reconciliation of the Additional Rent to provide that Mattson is paying (or has paid) to Lam the sum of $9,399.00Additional Re▇▇ ▇▇▇▇ Lam is paying (or has paid) ▇▇ Master Landlord in addition to t▇▇ other amounts described herein. Said sum Lam will provide a credit against the following month(s) Additi▇▇▇l Rent for any excess payments revealed by the reconciliation. At a reasonable time following the conclusion of the Sublease, the parties will also do a reconciliation of Additional Rent payments and will render payment to the other any sums due based on that reconciliation. Mattson's obligation to pay rent under this Sublease shall abat▇ ▇▇▇▇ ▇▇ the extent that Lam's obligation to pay rent to M▇▇▇▇▇ Landlord shall be paid by LESSEE abated ▇▇▇▇r the terms of the Lease. Upon request to Lam, Mattson shall have the right to review all of Lam's records ▇er▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowAdditional Rent.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Sources: Sublease (Mattson Technology Inc)
Rent. A. LESSEE Lessee agrees to pay to Lessor or its assignee the lease payments (the “Lease Payments”), including the interest portion, equal to the aggregate amounts specified in Exhibit C; provided, however, that the Lessee shall be obligated to make such Lease Payments during any fiscal year to the extent that such Lease Payments may be made from current revenues lawfully budgeted and appropriated for such purpose during such year. The Lease Payments will be payable without notice or demand at the office of the Lessor (or such other place as rent Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment date as set forth in Exhibit C and thereafter on the dates set forth in Exhibit C. Except as specifically provided in Section 4 hereof, the obligation to make the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim or recoupment for any reason whatsoever. Any and all payment(s) received by Lessor hereunder shall be applied to amounts due hereunder at Lessor’s sole discretion notwithstanding any contrary instruction or instrumentation by Lessee. Unless Lessor decides, in its sole discretion, to apply any and all payments(s) received from Lessee in a different manner, then any payments shall be applied in the following order of priority: (i) to repay any reimbursement items due Lessor from Lessee pursuant to the provisions of this Lease; (ii) to pay for any amounts owed by Lessee by virtue of its indemnification obligations under Section 16 hereof; (iii) to any accrued interest owed in connection with a late Lease Payment; (iv) to any accrued interest with respect to any Lease Payments then due; and then (iv) to reduce the principal component(s) of the Lease Payment(s) as and when due hereunder. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that it will do all things lawfully within its power to obtain, maintain and properly request and pursue funds from which the Lease Payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the aforesaid premises purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and residence privileges exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. It is Lessee’s intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the use of the Equipment is essential to its proper, efficient and economic operation. The total obligation of Lessee for the fiscal year of execution is the sum of $9,399.00. Said the payments for such fiscal year as set forth on Exhibit C. The total obligation of Lessee in each fiscal year renewal term is the sum shall be paid by LESSEE to ▇▇▇▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach payments during such fiscal year renewal term as set forth on Exhibit C. A schedule of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent Lessee’s total obligation for the purposes fiscal year of the five (5) day statutory notice requirement execution and for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time each fiscal year in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to which this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities renewed is attached hereto as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.Exhibit C.
Appears in 1 contract
Sources: Equipment Lease Purchase Agreement
Rent. A. LESSEE Tenant agrees to pay to Landlord the Base Rent and the Common Area Maintenance Fee (the Common Area Maintenance Fee, together with other charges provided for herein are referred to as rent for "Additional Rent." Collectively, Base Rent and Additional Rent are referred to as "Rent") by paying monthly installments in advance, on or before the aforesaid premises first day of each full calendar month during the Term, except that the first month's Base Rent and residence privileges the sum of $9,399.00. Said sum Common Area Maintenance Fee shall be paid by LESSEE upon the execution hereof. Rent for any period during the Term which is less than one full month shall be a prorated portion of the monthly installment of Rent based upon a thirty (30) day month. Said Rent shall be paid to ▇▇▇▇▇▇▇▇ UniversityLandlord, without deduction or offset and without notice or demand at the Landlord's address, as LESSOR’S designated collection/billing agent for housing rent set forth on the Reference Page, or to such other person or at such other place as Landlord may from time to time designate in writing. Payment of Rent shall commence on the earlier of the Commencement Date and the date Tenant first occupies the Premises. Tenant recognizes that late feespayment of any Rent or other sum due hereunder will result in administrative expense to Landlord, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if Rent or any other sum is due and payable pursuant to this Lease; and when such amount remains due and unpaid ten (10) days after said amount is due, such amount shall be increased by a late charge in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedulean amount equal to the greater of (a) $250.00, or (b) a sum equal to 5% of the unpaid Rent or other payment. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees to pay the The amount of the returned check plus service late charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees be paid by Tenant shall be deemed reassessed and added to Tenant's obligation for each successive monthly period until paid. The provisions of this Article in no way relieve Tenant of the obligation to pay Rent or other payments on or before the date on which they are due, nor do the terms of this Article in any way affect Landlord's remedies pursuant to Article 21 of this Lease in the event said rent or other payment is unpaid rent after the date due. No security or guarantee which may now be or hereafter be furnished to Landlord for the purposes payment of Rent or the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial performance of Tenant's other obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result shall in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant any way constitute a bar to the University Student Disclosure Statement recovery of the Premises or defense to any action in unlawful detainer or to any other action which Landlord may bring for a copy breach or any of which LESSEE acknowledges receipt the terms, covenants or conditions of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowthis Lease.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
Appears in 1 contract
Rent. A. LESSEE agrees Lessee shall pay rent to Lessor (or to an Assignee as "Assignee" is defined in Section 16 of this Agreement) in the amounts and by the dates as set forth in each Schedule ("Rent"). Unless otherwise explicitly provided in a Schedule, each monthly installment of Rent payable under each Schedule shall be due on the first business day of the month in which said payment is to be made. Lessee shall pay all Rent as rent due when due without demand, invoice or notice. If any payment due under a Schedule (including, but not limited to, Rent) is not paid within ten (10) days after the due date thereof, Lessee shall pay to Lessor a late charge on such overdue payment for the aforesaid premises period of time during which it is overdue at a rate equal to the lesser of (a) ten percent (10%) plus the current prime rate of interest as set forth in the Money Rates section of the Wall Street Journal on the due date or (b) the maximum rate of interest permitted by law. All Rent and residence privileges the sum of $9,399.00. Said sum other payments due and payable under each Schedule shall be paid by made to Lessor at its address shown above, or at such other address as Lessor may designate from time to time. 4. NET LEASE. EACH SCHEDULE SHALL BE A TRIPLE NET LEASE WHEREBY LESSEE to ▇▇▇▇▇▇▇▇ UniversitySHALL PAY ALL TAXES, as LESSOR’S designated collection/billing agent for housing rent and late feesMAINTENANCE, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment scheduleINSURANCE AND OTHER COSTS AND EXPENSES AS MORE FULLY SET FORTH IN THIS AGREEMENT. There will be a $30.00 service charge for LESSEE'S OBLIGATIONS TO PAY ALL RENT AND OTHER SUMS WHEN DUE AND TO OTHERWISE PERFORM AS REQUIRED UNDER EACH SCHEDULE SHALL BE ABSOLUTE AND UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM, INTERRUPTION, DEFERMENT OR RECOUPMENT, FOR ANY REASON WHATSOEVER. If any check returned by of the bank Equipment is unsatisfactory for any reason. LESSEE agrees to pay , Lessee shall make any claim solely against the amount manufacturer and/or sellers of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunderEquipment and shall, payments due hereunder are accelerated and become immediately nevertheless, pay Lessor or its successors or Assignees (as defined in Section 16) all amounts due and owing directly to LESSORpayable under the Schedule for said Equipment. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
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Sources: Master Equipment Lease Agreement
Rent. A. LESSEE (a) Beginning with and including the first Payment Date occurring after the Commencement Date, Lessee shall pay to the Agent, on behalf of Lessor, by wire transfer of immediately available federal funds using the wiring instructions set forth in Exhibit D attached hereto or by such other method of payment as may be mutually agreed upon by Lessor, Lessee and Agent, basic rent in the amounts set forth in Exhibit C attached hereto, subject to adjustment as set forth in subparagraph (b) below (such basic rent, as so adjusted from time to time, is hereinafter referred to as "Basic Rent"). Basic Rent shall be absolutely net to Lessor, so that this Lease shall yield to Lessor the Basic Rent throughout the Term and shall be paid without demand or offset, as more particularly provided hereinafter. Each installment of Basic Rent received by the Agent shall be disbursed by the Agent in accordance with Article IX of the Deed of Trust.
(b) Lessor and Lessee acknowledge and agree that Basic Rent has been determined based upon a number of factors, which include the amount of interest payable on the aggregate sum of the outstanding principal amount of the Bonds from time to time, the yield payable on the aggregate sum of the outstanding principal amount of Certificates from time to time and any other amounts and costs payable pursuant to the Operative Documents. Accordingly, Basic Rent shall be adjusted from time to time by Lessor and Lessee to reflect (i) any increase in the aggregate sum of the outstanding principal amount of the Bonds and/or the Certificates, (ii) any redemption of the Bonds prior to maturity, (iii) any increase or decrease in Basic Rent as a result of the existence of the Hedge Documents, (iv) the expiration of any Hedge or any default by any Hedge Counterparty in the performance of its obligations under any Hedge Documents, and (v) any additional amounts and costs that become due and owing pursuant to the other Operative Documents.
(c) Lessee covenants and agrees to pay and discharge, as additional rent (the "Additional Rent"), all amounts, liabilities and obligations (other than Basic Rent) which Lessee assumes or agrees or is otherwise obligated to pay under this Lease or any other Operative Document (whether or not designated as Additional Rent) to Agent or any other Person, including without limitation, the Head Lessor's Fee, any costs otherwise payable by Issuer under the Hedge Documents, Break Costs, the Residual Guaranty Amount and any Lease Balance. Each payment of Additional Rent received by the Agent shall be disbursed by the Agent in accordance with Article IX of the Deed of Trust. Lessor, as promptly as practicable after obtaining knowledge that any Additional Rent will be payable under this Lease, will advise Lessee, by written notice, of the amount of any Additional Rent payable hereunder and the date on which any Additional Rent is due and payable by Lessee in order for Lessor to meet its obligations with respect to payments by Lessor to other Persons, but failure to give such notice shall not relieve Lessee of the aforesaid premises and residence privileges the sum of $9,399.00obligation to make such payments. Said sum Additional Rent shall be paid to Agent or the Person entitled thereto, on the date specified in Lessor's written notice to Lessee, by LESSEE wire transfer of immediately available federal funds using the wiring instructions set forth in Exhibit D attached hereto. In the event of any failure by Lessee to ▇▇▇▇▇▇▇▇ Universitypay or discharge any Additional Rent, Lessor shall have all rights, powers and remedies provided herein or by Law in the case of non-payment of Basic Rent.
(d) In the event that any payment of Basic Rent or Additional Rent is not made within fifteen (15) days after the date on which the same is due and payable, Lessee shall pay to whomever shall be entitled thereto, in each case as LESSOR’S designated Additional Rent, a late charge equal to two percent (2%) of the overdue amount, together with interest, from the date on which the payment was due (without regard to any applicable grace period) until the date such payment is made in full, at the fluctuating rate which is at all times equal to the LIBO Rate plus 2% per annum (the "Default Rate"). In addition, Lessee shall pay all costs of collection/billing agent for housing rent and late , including attorneys' fees, in accordance with ▇▇▇▇▇▇▇▇ University’s published invoicing and payment schedule. There will be a $30.00 service charge for if collection of amounts due to Lessor or any check returned by the bank for any reason. LESSEE agrees to pay the amount of the returned check plus service charge within 3 days. Upon LESSEE’S breach of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE other Person is responsible for his or her financial obligations under this Lease. LESSEE’S failure to meet the LESSEE’S financial obligations pursuant to this Lease may result in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University pursuant to the University Student Disclosure Statement a copy of which LESSEE acknowledges receipt of and furthermore any delinquent accounts may be turned over referred to an attorney or collection agency after default by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added to the LESSEE’S account. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided belowLessee.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights to the leased premises.
D. Withdrawal or suspension from the University shall not terminate the obligation of LESSEE hereunder and LESSEE shall be liable for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rent.
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Rent. A. LESSEE Pursuant to the provisions of the Current Lease, Tenant caused a letter of credit to be issued in favor of Current Landlord in the amount of One Hundred Fifteen Thousand Dollars ($115,000.00) (“Current LC”). Landlord agrees that instead of causing a new letter of credit to be issued in favor of Landlord, Tenant may cause the Current LC to be amended to provide that from and after March 1, 2004 the Current LC is solely for the benefit of Landlord and solely as additional collateral to secure the performance of Tenant’s obligations under this Lease and not the Current Lease. From and after such modification of the Current LC and delivery of the Current LC to Landlord as required hereunder, provided such modified Current LC satisfies the terms and conditions of Addendum 1, the Current LC shall thereafter be deemed and referred to herein as the “Letter of Credit” as further denned in Addendum 1 attached hereto and incorporated herein by this reference. No later than March 1, 2004, Tenant shall deliver to Landlord the Letter of Credit which, pursuant to the provisions hereof and the terms of Addendum 1 shall be in the sum of One Hundred Fifteen Thousand Dollars ($115,000.00). Tenant agrees to pay Landlord the Base Rent and, as rent for Additional Rent, Tenant’s Share of Operating
1. Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, without prior notice or demand, abatement, offset, deduction or claim, in advance at Landlord’s Address commencing on March 1, 2004 and thereafter on the aforesaid premises and residence privileges first (1st) day of each month throughout the sum balance of $9,399.00the Term of the Lease. Said sum Any prorated Rent shall be paid by LESSEE to ▇▇▇on the Commencement Date, and any prorated Rent for the final calendar month hereof shall be paid on the first (1st) day of the calendar month in which the date of expiration or termination occurs. Provided that Tenant faithfully performs all of the terms and conditions of this Lease, Landlord shall ▇▇▇▇▇ University, as LESSOR’S designated collection/billing agent for housing rent and late fees, in accordance with ▇▇▇▇▇▇▇▇ UniversityTenant’s published invoicing and payment schedule. There will be a $30.00 service charge for any check returned by the bank for any reason. LESSEE agrees obligation to pay Tenant’s monthly Base Rent in the amount of Twenty-Five Thousand Five Hundred Sixty Eight Dollars ($25,568.00) and Tenant’s Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses for the returned check plus service charge within 3 days. Upon LESSEE’S breach period from the Commencement Date through February 29, 2004; provided, during such abatement period, Tenant shall still be responsible for the payment of any term hereunder, payments due hereunder are accelerated and become immediately due and owing directly to LESSOR. Service fees shall be deemed unpaid rent for the purposes of the five (5) day statutory notice requirement for unpaid rent. Any payments received from LESSEE shall first be applied to service charges and utilities owed from the LESSEE to LESSOR hereunder. LESSEE hereby authorizes ▇▇▇▇▇▇▇▇ University by inserting his or her initials following this paragraph to apply eligible funds received by LESSEE pursuant to Federal Student Aid (FSA) programs to the rent due under this paragraph. LESSEE may cancel or modify this authorization at any time in writing with notice to LESSOR. [LESSEE’S INITIALS]. By signing this Lease, LESSEE is responsible for his or her financial obligations other Additional Rent under this Lease. LESSEE’S failure to meet In the LESSEE’S financial obligations pursuant to event of a default by Tenant under the terms of this Lease may result that results in the LESSEE being administratively dis- enrolled from ▇▇▇▇▇▇▇▇ University early termination pursuant to the University Student Disclosure Statement provisions of Section 18 of this Lease, then as a copy part of which LESSEE acknowledges receipt the recovery set forth in Section 18 of and furthermore any delinquent accounts may this Lease, Landlord shall be turned over to an attorney or collection agency by LESSOR, with additional attorney fees and/or collection costs incurred by the LESSOR to be added entitled to the LESSEE’S accountrecovery of the monthly Rent that was abated under the provisions of this Section 3. ▇▇▇▇▇▇▇▇ University is the authorized collection/billing agent for The ▇▇▇▇▇, LLC for rent and late fees only. LESSEE shall pay utilities as provided below, and shall pay the LESSOR (The ▇▇▇▇▇, LLC) the security deposit as provided below.
B. THIRD PARTY GUARANTY
▇. ▇▇▇▇▇▇ restricts occupancy to individuals enrolled at ▇▇▇▇▇▇▇▇ University. Any exception to this must be granted in writing by The ▇▇▇▇▇ management. Payment of rent by third parties shall not give third party any constructive or possessory rights term “Rent” whenever used herein refers to the leased premises.
D. Withdrawal aggregate of all these amounts. The Rent for any fractional part of a calendar month at the commencement or suspension from expiration or termination of the University shall not terminate the obligation of LESSEE hereunder and LESSEE Lease Term shall be liable a Prorated amount of the Rent for the aforesaid rents unless said space is leased to another resident by LESSOR or unless LESSEE provides a SUB-LESSEE suitable to LESSOR as here below provided. No refund shall be made of any pre-paid rentfull calendar month based upon a thirty (30) day month.
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