Common use of Term and Rental Clause in Contracts

Term and Rental. The term of this Lease (the "Minimum Lease Term") for any item of Equipment shall be set forth in the Schedule relating to such item of Equipment and shall commence (the "Commencement Date") on the acceptance Date ("Acceptance Date"), which shall be the applicable of: (1) the date of delivery of the Equipment to Lessee; (2) in the case of Equipment which is the subject of a sale and leaseback between Lessor and Lessee, the date upon which Lessor purchases such Equipment from Lessee; or (3) in the case of Equipment requiring installation, the date of installation of the Equipment. If the Acceptance Date is other than the first day of a calendar month, then the Commencement Date of the Minimum Lease Term set forth in any Schedule shall be the first day of the calendar month following the month which includes the Acceptance Date and Lessee shall pay to Lessor, in addition to all other sums due hereunder, an amount equal to one-thirtieth of the amount of the average monthly rental payment due or to become due hereunder multiplied by the number of days from and including the Acceptance Date to the Commencement Date of the Minimum Lease Term set forth in the Schedule. Lessee agrees to pay the total rental for the entire term hereof, which shall be the total amount of all rental payments set forth in the Schedule, plus such additional amounts as may become due hereunder or pursuant to any written modification hereof or additional written agreement hereto. Except as otherwise specified in the Schedule, rental payments hereunder shall be monthly and shall be payable in advance on the first day of each month during the term of this Lease beginning with the Commencement Date of the Minimum Lease Term and shall be sent to the address of the Lessor specified in this Lease or in the Schedule or as otherwise directed by the Lessor in writing. Time is of the essence. Rental payments or any other payments due hereunder not made on or before the due date shall be overdue and shall be subject to a service charge in an amount equal to five percent (5%) per month of the overdue payments or the maximum rate permitted by law whichever is less (the "Service Charge Rate"). If Lessor shall at any time accept a rental payment after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of Lessor's rights hereunder, including without limitation those rights of Lessor set forth in Sections 12 and 13 hereof.

Appears in 2 contracts

Samples: Genaissance Pharmaceuticals Inc, Genaissance Pharmaceuticals Inc

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Term and Rental. The term of this Lease (the "Minimum Initial Lease Term") for any item of Equipment shall be set forth in the Schedule relating to such item of Equipment and shall commence (the "Commencement Date") on the acceptance Date (Acceptance Date. The "Acceptance Date"), which " with respect to each Schedule shall be the applicable ofof either: (1) the date of delivery to Lessee of all of the Equipment to Lesseebe leased thereunder; (2) in the case of Equipment which is the subject of a sale and leaseback between Lessor and Lessee, the date upon which Lessor purchases such Equipment from Lessee; or (3) in the case of Equipment requiring installation, the date of installation of the Equipment. If the Acceptance Date is other than the first day of a calendar monthquarter, then the Commencement Date of the Minimum Initial Lease Term set forth in any Schedule shall be the first day of the calendar month quarter following the month which includes the Acceptance Date and Lessee shall pay to Lessor, in addition to all other sums due hereunder, an amount equal to one-thirtieth of the amount of the average monthly rental payment due or to become due hereunder multiplied by the number of days from and including the Acceptance Date to the Commencement Date of the Minimum Initial Lease Term set forth in the Schedule. During the entire Initial Lease Term and any extension or renewal of the term of this Lease, Lessee agrees to pay the total rental for the entire term hereof, due hereunder which shall be the total amount of all rental payments set forth in the Schedule, Schedule plus such additional amounts as may become due hereunder or pursuant to any written modification hereof or additional written agreement hereto. Except as otherwise specified in the Schedule, rental payments payable hereunder shall be due monthly and shall be payable in advance on the first day of each month during the term of this Lease beginning with the Commencement Date of the Minimum Initial Lease Term and Term. All rental payments due hereunder shall be sent to the address of the Lessor specified in this Lease or in the Schedule or as otherwise directed by the Lessor in writing. Time is of the essence. Rental payments or any other payments due hereunder not made on or before the by their scheduled due date shall be overdue and shall be subject to a service charge in an amount equal to five two percent (52%) per month of the overdue payments or the maximum rate permitted by law whichever is less (the "Service Charge Rate")) applied to amount of the overdue payments from the date due until paid. If Lessor shall at any time accept a rental payment after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of Lessor's rights hereunder, including without limitation those rights of Lessor set forth in Sections 12 and 13 hereof.

Appears in 2 contracts

Samples: Medical Technology Systems Inc /De/, Oregon Baking Co Dba Marsee Baking

Term and Rental. The term of this Lease (the "Minimum Initial Lease Term") for any item of Equipment shall be set forth in the Schedule relating to such item of Equipment and shall commence (the "Commencement Date") on the acceptance Date (Acceptance Date. The "Acceptance Date"), which " with respect to each Schedule shall be the applicable ofof either: (1) the date of delivery to Lessee of all of the Equipment to Lesseebe leased thereunder; (2) in the case of Equipment which is the subject of a sale and leaseback between Lessor and Lessee, the date upon which Lessor purchases such Equipment from Lessee; : or (3) in the case of Equipment requiring installation, the date of installation of the Equipment. If the Acceptance Date is other than the first day of a calendar monthquarter, then the Commencement Date of the Minimum Initial Lease Term set forth in any Schedule shall be the first day of the calendar month quarter following the month which includes the Acceptance Date and Lessee shall pay to Lessor, in addition to all other sums due hereunder, an amount equal to one-thirtieth of the amount of the average monthly rental payment due or to become due hereunder multiplied by the number of days from and including the Acceptance Date to the Commencement Date of the Minimum Initial Lease Term set forth in the Schedule. During the entire Initial Lease Term and any extension or renewal of the term of this Lease, Lessee agrees to pay the total rental for the entire term hereof, due hereunder which shall be the total amount of all rental payments set forth in the Schedule, Schedule plus such additional amounts as may become due hereunder or pursuant to any written modification hereof or additional written agreement hereto. Except as otherwise specified in the Schedule, rental payments payable hereunder shall be due monthly and shall be payable in advance on the first day of each month during the term of this Lease beginning with the Commencement Date of the Minimum Initial Lease Term and Term. All rental payments due hereunder shall be sent to the address of the Lessor specified in this Lease or in the Schedule or as otherwise directed by the Lessor in writing. Time is of the essence. Rental payments or any other payments due hereunder not made on or before the by their scheduled due date shall be overdue and shall be subject to a service charge in an amount equal to five two percent (52%) per month of the overdue payments or the maximum rate permitted by law whichever is less (the "Service Charge Rate")) applied to amount of the overdue payments from the date due until paid. If Lessor shall at any time accept a rental payment after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of Lessor's rights hereunder, including without limitation those rights of Lessor set forth in Sections 12 and 13 hereof.

Appears in 1 contract

Samples: Placeware Inc

Term and Rental. The term of this Lease (the "Minimum Initial Lease Term") for any item of Equipment shall be set forth in the Equipment Schedule relating to such item items of Equipment and shall commence (the "Commencement Date") on the acceptance Acceptance Date ("Acceptance Date"), which shall be the applicable of: (1) the date of delivery of the Equipment to Lessee; (2) in the case of Equipment which is the subject of a sale and leaseback between Lessor and Lessee, the date upon which Lessor purchases such Equipment from Lessee; or (3) in the case of Equipment requiring installation, the date of installation of the Equipment. If the Acceptance Date is other than the first day of a calendar monthquarter, then the Commencement Date of the Minimum Initial Lease Term set forth in any Equipment Schedule shall be the first day of the calendar month quarter following the month which includes the Acceptance Date and Lessee shall pay to Lessor, in addition to all other sums due hereunder, an amount equal to one-thirtieth of the amount of the average monthly rental payment due or to become due hereunder multiplied by the number of days from and including the Acceptance Date to the Commencement Date of the Minimum Initial Lease Term set forth in the Equipment Schedule. Lessee agrees to pay the total rental for the entire term hereof, which shall be the total amount of all rental payments set forth in the Schedule, Equipment Schedule plus such additional amounts as may become due hereunder or pursuant to any written modification hereof or additional written agreement hereto. Except as otherwise specified in the Equipment Schedule, rental payments hereunder shall be monthly and shall be payable in advance on the first day of each month during the term of this Lease beginning with the Commencement Date of the Minimum Initial Lease Term and shall be sent to the address of the Lessor specified in this Lease or in the Equipment Schedule or as otherwise directed by the Lessor in writing. Time is of the essence. Rental payments or any other payments due hereunder not made receivable on or before five (5) days after the due date shall be overdue and shall be subject to a service charge in an amount equal to five two percent (52%) per month of the overdue payments or the maximum rate permitted by law whichever is less (the "Service Charge Rate"). If Lessor shall at any time accept a rental payment after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of Lessor's rights hereunder, including without limitation those rights of Lessor set forth in Sections 12 and 13 hereof.

Appears in 1 contract

Samples: Master Lease Agreement (Cybergold Inc)

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Term and Rental. The term of this Lease (the "Minimum Initial Lease Term") for any item of Equipment shall be set forth in the Schedule relating to such item of Equipment and shall commence (the "Commencement Date") on the acceptance Date (Acceptance Date. The "Acceptance Date"), which " with respect to each Schedule shall be the applicable ofof either: (1) the date of delivery to Lessee of all of the Equipment to Lesseebe leased thereunder; (2) in the case of Equipment which is the subject of a sale and leaseback between Lessor and Lessee, the date upon which Lessor purchases such Equipment from Lessee; or (3) in the case of Equipment requiring installation, the date of installation of the Equipment. If the Acceptance Date is other than the first day of a calendar monthquarter, then the Commencement Date of the Minimum Initial Lease Term set forth in any Schedule shall be the first day of the calendar month quarter following the month which includes the Acceptance Date and Lessee shall pay to Lessor, in addition to all other sums due hereunder, an amount equal to one-thirtieth of the amount of the average monthly rental payment due or to become due hereunder multiplied by the number of days from and including the Acceptance Date to the Commencement Date of the Minimum Initial Lease Term set forth in the Schedule. During the entire Initial Lease Term and any extension or renewal of the term of this Lease, Lessee agrees to pay the total rental for the entire term hereof, due hereunder which shall be the total amount of all rental payments set forth in the Schedule, Schedule plus such additional amounts as may become due hereunder or pursuant to any written modification hereof or additional written agreement hereto. Except as otherwise specified in the Schedule, rental payments payable hereunder shall be due monthly and shall be payable in advance on the first day of each month during the term of this Lease beginning with the Commencement Date of the Minimum Initial Lease Term and Term. All rental payments due hereunder shall be sent to the address of the Lessor specified in this Lease or in the Schedule or as otherwise directed by the Lessor in writing. Time is of the essence. Rental payments or any other payments due hereunder not made on or before the by their schedule due date shall be overdue and shall be subject to a service charge in an amount equal to five two percent (52%) per month of the overdue payments or the maximum rate permitted by law whichever is less (the "Service Charge Rate")) applied to amount of the overdue payments from the date due until paid. If Lessor shall at any time accept a rental payment after it shall become due, such acceptance shall not constitute or be construed as a waiver waver of any or all of Lessor's rights hereunder, including without limitation those rights of Lessor set forth in Sections 12 and 13 hereof.

Appears in 1 contract

Samples: Master Lease Agreement (Appliedtheory Corp)

Term and Rental. The term of this Lease (the "Minimum Initial Lease Term") for any item of Equipment shall be set forth in the Schedule relating to such item of Equipment and shall commence (the "Commencement Date") on the acceptance Date (Acceptance Date. The "Acceptance Date"), which " with respect to each Schedule shall be the applicable ofof either: (1) the date of delivery to Lessee of all of the Equipment to Lesseebe leased thereunder; (2) in the case of Equipment which is the subject of a sale and leaseback between Lessor and Lessee, the date upon which Lessor purchases such Equipment from Lessee; or (3) in the case of Equipment requiring installation, the date of installation of the Equipment. If the Acceptance Date is other than the first day of a calendar month, then the Commencement Date of the Minimum Initial Lease Term set forth in any Schedule shall be the first day of the calendar month following the month which includes the Acceptance Date Lessee's acceptance of all Equipment listed on such Schedule and Lessee shall pay to Lessor, in addition to all other sums due hereunder, an amount equal to one-thirtieth of the amount of the average monthly rental payment due or to become due hereunder multiplied by the number of days from and including the Acceptance Date to the Commencement Date of the Minimum Initial Lease Term set forth in the Schedule. During the entire Initial Lease Term and any extension or renewal of the term of this Lease, Lessee agrees to pay the total rental for the entire term hereof, due hereunder which shall be the total amount of all rental payments set forth in the Schedule, Schedule plus such additional amounts as may become due hereunder or pursuant to any written modification hereof or additional written agreement hereto. Except as otherwise specified in the Schedule, rental payments payable hereunder shall be due monthly and shall be payable in advance on the first day of each month during the term of this Lease beginning with the Commencement Date of the Minimum Initial Lease Term and Term. All rental payments due hereunder shall be sent to the address of the Lessor specified in this Lease or in the Schedule or as otherwise directed by the Lessor in writing. Time is of the essence. Rental payments or any other payments due hereunder not made on or before the by their scheduled due date shall be overdue and shall be subject to a service charge in an amount equal to five two percent (52%) per month of the overdue payments or the maximum rate permitted by law whichever is less (the "Service Charge Rate")) applied to amount of the overdue payments from the date due until paid. If Lessor shall at any time accept a rental payment after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of Lessor's rights hereunder, including without limitation those rights of Lessor set forth in Sections 12 and 13 hereof.

Appears in 1 contract

Samples: Master Lease Agreement (Iown Holdings Inc)

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