Common use of TERMS OF LEASE Clause in Contracts

TERMS OF LEASE. The Initial Lease Term and the Rent payable with respect to each Leased Item shall be as set forth in and as stated in the respective Equipment Schedule(s). Lessee may a) exercise an Early Purchase Option, if applicable; or b) terminate any Equipment Schedule effective at the expiration of the Initial Lease Term or any renewal term thereof; by giving the Lessor at least sixty (60) days prior written notice. If said written notice is not received by Lessor within the specified period, then the Lease shall continue until the end of the Initial Lease Term. No notice of intent to exercise an Early Purchase Option or termination may be revoked without prior written consent of the Lessor. Initial: /s/ MP 53 4. RENT AND PAYMENT: As to any Equipment leased hereunder, the "Monthly Rental" payable by Lessee to Lessor shall be as set forth in the applicable Equipment Schedule. The Monthly Rental shall begin on the Acceptance Date and shall be due and payable by Lessee in advance on the first day of each month throughout the Initial Period and any Automatic Renewal Period. If the Acceptance Date does not fall on the first day of the month, then the first rental payment shall be a pro rata portion of the Monthly Rental, calculated on a 30-day basis for the period between the Acceptance Date and the Commencement Date, and shall be due and payable on the Acceptance Date. Lessee shall pay all Monthly Rental to Lessor, its successors or assigns, at Lessor's address set forth above (or as otherwise directed in writing by Lessor, its successors, or assigns), whether or not Lessee has received any notice that such payment is due. LESSEE SHALL NOT ABATX, XXT OFF, OR DEDUCT ANY AMOUNT OR DAMAGES FROM OR REDUCE ANY MONTHLY RENTAL FOR ANY REASON WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, ITS SUCCESSORS, OR ASSIGNS. Late charges on any payments, taxes, or other charges due hereunder and not received within ten (10) days of the due date shall accrue at the rate of 1.5% of the payment amount due per month (or if such rate shall exceed the maximum rate allowed by law, then at the highest rate that is permitted to be charged on liquidated amounts after judgment) beginning with the date that such amount was due and continuing until the amount is paid. If late charges are assessed by a lending institution due to any late payment, Lessee agrees to pay such late charges or to reimburse Lessor for their payments. Lessee agrees to make payment for any late charges promptly upon demand by Lessor.

TERMS OF LEASE. The Initial Lease Term and the Rent payable with respect to each Leased Item shall be as set forth in and as stated in the respective Equipment Schedule(s). Lessee may a) exercise an Early Purchase Option, if applicable; or b) terminate any Equipment Schedule effective at the expiration of the Initial Lease Term or any renewal term thereof; by giving the Lessor at least sixty (60) days prior written notice. If said written notice is not received by Lessor within the specified period, then the Lease shall continue until the end of the Initial Lease Term. No notice of intent to exercise an Early Purchase Option or termination may be revoked without prior written consent of the Lessor. Initial: /s/ MP 53 2 4. RENT AND PAYMENT: As to any Equipment leased hereunder, the "Monthly Rental" payable by Lessee to Lessor shall be as set forth in the applicable Equipment Schedule. The Monthly Rental shall begin on the Acceptance Date and shall be due and payable by Lessee in advance on the first day of each month throughout the Initial Period and any Automatic Renewal Period. If the Acceptance Date does not fall on the first day of the month, then the first rental payment shall be a pro rata portion of the Monthly Rental, calculated on a 30-day basis for the period between the Acceptance Date and the Commencement Date, and shall be due and payable on the Acceptance Date. Lessee shall pay all Monthly Rental to Lessor, its successors or assigns, at Lessor's address set forth above (or as otherwise directed in writing by Lessor, its successors, or assigns), whether or not Lessee has received any notice that such payment is due. LESSEE SHALL NOT ABATX, XXT OFF, OR DEDUCT ANY AMOUNT OR DAMAGES FROM OR REDUCE ANY MONTHLY RENTAL FOR ANY REASON WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, ITS SUCCESSORS, OR ASSIGNS. Late charges on any payments, taxes, or other charges due hereunder and not received within ten (10) days of the due date shall accrue at the rate of 1.5% of the payment amount due per month (or if such rate shall exceed the maximum rate allowed by law, then at the highest rate that is permitted to be charged on liquidated amounts after judgment) beginning with the date that such amount was due and continuing until the amount is paid. If late charges are assessed by a lending institution due to any late payment, Lessee agrees to pay such late charges or to reimburse Lessor for their payments. Lessee agrees to make payment for any late charges promptly upon demand by Lessor.

TERMS OF LEASE. The Initial Landlord shall lease each increment of First Expansion Option Space to Tenant on all the same terms and conditions contained in this Lease Term and except (i) Landlord shall not be required to pay to Tenant any tenant improvement allowance or inducement, (ii) the Rent payable with respect to term of Tenant’s lease of each Leased Item increment of First Expansion Option Space shall be as set forth in and as stated in the respective Equipment Schedule(s). Lessee may a) exercise an Early Purchase Option, if applicable; or b) terminate any Equipment Schedule effective at the expiration of the Initial Lease Term or any renewal term thereof; by giving the Lessor at least sixty (60) days prior written notice. If said written notice is not received by Lessor within the specified period, then the Lease shall continue until the end of the Initial Lease Term. No notice of intent to exercise an Early Purchase Option or termination may be revoked without prior written consent of the Lessor. Initial: /s/ MP 53 4. RENT AND PAYMENT: As to any Equipment leased hereunder, the "Monthly Rental" payable by Lessee to Lessor shall be as set forth in the applicable Equipment Schedule. The Monthly Rental shall begin on the Acceptance Date and shall be due and payable by Lessee in advance on the first day of each month throughout the Initial Period and any Automatic Renewal Period. If the Acceptance Date does not fall on the first day of the month, then the first rental payment shall be a pro rata portion of the Monthly Rental, calculated on a 30-day basis for the period between the Acceptance Date and the Commencement Date, and shall be due and payable on the Acceptance Date. Lessee shall pay all Monthly Rental to Lessor, its successors or assigns, at Lessor's address set forth above (or as otherwise directed in writing by Lessor, its successors, or assigns), whether or not Lessee has received any notice that such payment is due. LESSEE SHALL NOT ABATX, XXT OFF, OR DEDUCT ANY AMOUNT OR DAMAGES FROM OR REDUCE ANY MONTHLY RENTAL FOR ANY REASON WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, ITS SUCCESSORS, OR ASSIGNS. Late charges on any payments, taxes, or other charges due hereunder and not received within ten (10) days years, commencing on the date on which Landlord delivers to Tenant possession of the increment of First Expansion Option Space (subject to extension pursuant to Section 26.1(e) and Section 26.2(e) below), (iii) Tenant shall not have the right to install exterior signage on the building in which the First Expansion Option Space is located, (iv) Tenant shall deliver to Landlord concurrently with Tenant’s execution of an amendment to the Lease to include the additional premises or Tenant’s execution of a new lease for the additional premises (which Tenant shall execute within thirty (30) days after Tenant exercises its First Expansion Option and receives the proposed amendment or lease from Landlord) a security deposit for the applicable increment of First Expansion Option Space leased by Tenant in an amount equal to the last monthly installment of Base Rent due date for the applicable increment of First Expansion Option Space, (v) the monthly Base Rent per rentable square foot for the increment of First Expansion Option Space leased by Tenant shall accrue be an amount equal to monthly Base Rent per rentable square foot of the existing Premises in effect at the rate of 1.5% commencement of the payment term of the applicable increment of First Expansion Option Space, less (1) the amount due of the monthly Base Rent per month rentable square foot attributable to the Additional Allowance (or if such rate shall exceed any) and (2) the maximum rate allowed by law, then at amount of the highest rate that is permitted monthly Base Rent per rentable square foot attributable to the Base Allowance (which the parties agree to be charged an amount equal to Seven and One-Half Cents ($0.075) per rentable square foot, increased by three and one-half percent (3.5%) per annum beginning on liquidated amounts after judgmentthe Commencement Date and ending on the commencement date of the term Of the applicable increment of First Expansion Option Space), subject to further increases thereafter in the same percentages and on the same dates as the remainder of the Premises pursuant to Section 4,2, and (vi) beginning Tenant shall lease the First Expansion Option Space in its “as is” condition, except Landlord shall deliver the First Expansion Option Space to Tenant in broom clean condition, with all building systems in good working condition and the date that such amount was due and continuing until the amount is paid. If late charges are assessed by a lending institution due to any late payment, Lessee agrees to pay such late charges or to reimburse Lessor for their payments. Lessee agrees to make payment for any late charges promptly upon demand by Lessorroof in water-tight condition.

TERMS OF LEASE. The Initial Landlord shall lease each increment of Second Expansion Option Space to Tenant on all the same, terms and conditions contained in this Lease Term except (i) Landlord shall not be required to pay to Tenant any tenant improvement allowance or inducement, (ii) the term of Tenant’s lease of each increment of Second Expansion Option Space shall be for twelve (12) years, commencing on the date on which Landlord delivers to Tenant possession of the increment of Second Expansion Option Space (subject to extension pursuant to Section 26.2(e) below), (iii) Tenant may not place exterior building signage on the building located at 0000 Xxxxxxxx Xxxxx (but Tenant shall have the right to place exterior building signage on the building located at 0000 Xxxxxxxx Xxxxx in accordance with the provisions contained in this Lease pertaining to exterior building signage), (iv) Tenant shall deliv er to Landlord concurrently with Tenant’s execution of an amendment to this Lease to include the additional premises or Tenant’s execution of a new lease for the additional premises (which Tenant shall execute within thirty (30) days after Tenant exercises its Second Expansion Option and receives the proposed amendment or lease from Landlord) a security deposit for the applicable increment of Second Expansion Option Space in an amount equal to the last monthly installment of Base Rent due for the applicable increment of Second Expansion Option Space, (v) the monthly Base Rent per rentable square foot for the increment of Second Expansion Option Space leased by Tenant shall be an amount equal to monthly Base Rent per rentable square foot of the existing Premises in effect at the commencement of the term of the applicable increment of Second Expansion Option Space, less (1) the amount of the monthly Base Rent per rentable square foot attributable to the Additional Allowance (if any) and (2) the amoun t of the monthly Base Rent per rentable square foot attributable to the Base Allowance (which the parties agree to be an amount equal to Seven and One-Half Cents ($0.075) per rentable square foot, increased by three and one-half percent (3.5%) per annum beginning on the Commencement Date and ending on the commencement date of the term of the applicable increment of Second Expansion Option Space), subject to further increases thereafter in the same percentages and on the same dates as the remainder of the Premises pursuit to Section 4.2, and (vi) Tenant shall lease the Second Expansion Option Space in its “as is” condition, except Landlord shall deliver the Second Expansion Option Space to Tenant in broom clean condition, with all building systems in good working condition and the Rent payable with respect to each Leased Item shall be as set forth roof in and as stated in the respective Equipment Schedule(s). Lessee may a) exercise an Early Purchase Option, if applicable; or b) terminate any Equipment Schedule effective at the expiration of the Initial Lease Term or any renewal term thereof; by giving the Lessor at least sixty (60) days prior written notice. If said written notice is not received by Lessor within the specified period, then the Lease shall continue until the end of the Initial Lease Term. No notice of intent to exercise an Early Purchase Option or termination may be revoked without prior written consent of the Lessor. Initial: /s/ MP 53 4. RENT AND PAYMENT: As to any Equipment leased hereunder, the "Monthly Rental" payable by Lessee to Lessor shall be as set forth in the applicable Equipment Schedule. The Monthly Rental shall begin on the Acceptance Date and shall be due and payable by Lessee in advance on the first day of each month throughout the Initial Period and any Automatic Renewal Period. If the Acceptance Date does not fall on the first day of the month, then the first rental payment shall be a pro rata portion of the Monthly Rental, calculated on a 30water-day basis for the period between the Acceptance Date and the Commencement Date, and shall be due and payable on the Acceptance Date. Lessee shall pay all Monthly Rental to Lessor, its successors or assigns, at Lessor's address set forth above (or as otherwise directed in writing by Lessor, its successors, or assigns), whether or not Lessee has received any notice that such payment is due. LESSEE SHALL NOT ABATX, XXT OFF, OR DEDUCT ANY AMOUNT OR DAMAGES FROM OR REDUCE ANY MONTHLY RENTAL FOR ANY REASON WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, ITS SUCCESSORS, OR ASSIGNS. Late charges on any payments, taxes, or other charges due hereunder and not received within ten (10) days of the due date shall accrue at the rate of 1.5% of the payment amount due per month (or if such rate shall exceed the maximum rate allowed by law, then at the highest rate that is permitted to be charged on liquidated amounts after judgment) beginning with the date that such amount was due and continuing until the amount is paid. If late charges are assessed by a lending institution due to any late payment, Lessee agrees to pay such late charges or to reimburse Lessor for their payments. Lessee agrees to make payment for any late charges promptly upon demand by Lessortight condition.

TERMS OF LEASE. The Initial Lease Term 1.4.2.1 It is anticipated that the commencement date for the lease term of any Expansion Space leased by Tenant under this Section 1.4 will occur on or about December 1, 2009, and, except as expressly provided below in this Section 1.4.2.1, Tenant will be provided a rent-free six (6) month construction period following Landlord’s delivery of such Expansion Space to Tenant with the Base, Shell and Core therefor in Ready for TI Condition (as described below) during which construction period Tenant will construct the Rent payable initial tenant improvements for such Expansion Space (including the HVAC main loop for the 5th Floor if the Expansion Space initially leased by Tenant consists of the entire 5th Floor), and to the extent mutually agreed by the parties with respect to each Leased Item any Partial Expansion Space and/or Remaining Expansion Space leased by Tenant, as provided in Section 1.4 above, the 5th Floor Multi-Tenant Work and/or 5th Floor Lobby/HVAC Work (collectively, the “Tenant Expansion Space Improvement Work”). Tenant shall construct the Tenant Expansion Space Improvement Work (and Landlord shall construct that portion of the 5th Floor Multi-Tenant Work and/or 5th Floor Lobby/HVAC Work which the parties have mutually agreed shall be Landlord’s obligation to construct) pursuant to terms, conditions and procedures which are substantially consistent with the terms, conditions and procedures set forth in the Tenant Work Letter, as set forth in an amendment to such Tenant Work Letter to be mutually agreed upon and executed by the parties promptly following Tenant’s exercise of its expansion right. Such Tenant Work Letter amendment shall (i) incorporate such schedules for the parties’ obligations regarding design, approvals, construction and Landlord and Tenant delays as stated in are applicable to the respective Equipment Schedule(s). Lessee may aExpansion Space, (ii) exercise an Early Purchase Option, if applicable; or b) terminate any Equipment Schedule effective at the expiration address such other aspects of the Initial Lease Term build-out of such Expansion Space as are unique or any renewal term thereof; by giving different from the Lessor at least sixty (60) days prior written notice. If said written notice is not received by Lessor within the specified period, then the Lease shall continue until the end construction of the Initial Lease Term. No notice of intent to exercise an Early Purchase Option or termination may be revoked initial Tenant Improvements for the Premises (including, without prior written consent of the Lessor. Initial: /s/ MP 53 4. RENT AND PAYMENT: As to any Equipment leased hereunderlimitation, the "Monthly Rental" payable tenant improvement allowance to be provided by Lessee to Lessor Landlord for such Expansion Space, which shall be determined as set forth in Section 1.4.2.2 below), and (iii) delete and/or modify the provisions of the Tenant Work Letter that are not applicable Equipment Scheduleto the Expansion Space (such as, for example, the deletion of Sections 5.7 and 5.8 of the Tenant Work Letter which shall not be applicable to the Expansion Space). The Monthly Rental Landlord shall begin on deliver possession of the Acceptance Date Expansion Space to Tenant following the later of (A) the date Tenant delivers the Expansion Space Notice to Landlord, and (B) the date the Building, the Premises and the Expansion Space are in Ready for TI Condition; provided, however, Tenant shall not be obligated to accept delivery of possession of any Expansion Space prior to May 1, 2009, and Landlord shall not deliver possession of such Expansion Space to Tenant prior to May 1, 2009 unless Tenant expressly designates in its Expansion Space Notice an earlier date for delivery (which earlier date shall be due no sooner than the date the Building, the Premises and payable by Lessee the Expansion Space are in advance on Ready for TI Condition). Notwithstanding the first day of each month throughout the Initial Period and any Automatic Renewal Period. If the Acceptance Date does not fall on the first day date Landlord delivers possession of the monthExpansion Space to Tenant pursuant to the foregoing, then the first rental payment shall be a pro rata portion Tenant may start construction of the Monthly RentalTenant Expansion Space Improvement Work at any time thereafter. During such 6-month construction period commencing as of the date Tenant actually starts such construction activities (but not beyond the Expansion Space Commencement Date), calculated on a 30-day basis Tenant shall not be obligated to pay for the period between the Acceptance Date and the Commencement Datecost of any electricity, water, HVAC or other utilities consumed in such Expansion Space (but Tenant shall, at all times after delivery of possession of such Expansion Space, and shall be due and payable on the Acceptance Date. Lessee at Tenant’s cost, provide all janitorial services for such Expansion Space); after such 6-month construction period, Tenant shall pay for all Monthly Rental to Lessorelectricity and other utilities consumed in such Expansion Space until the Expansion Space Commencement Date occurs, its successors or assigns, at Lessor's address set forth above (after which date Tenant shall pay for the cost of such utilities either directly or as otherwise directed part of Utilities Costs in writing by Lessor, its successors, or assigns), whether or not Lessee has received any notice that such payment is due. LESSEE SHALL NOT ABATX, XXT OFF, OR DEDUCT ANY AMOUNT OR DAMAGES FROM OR REDUCE ANY MONTHLY RENTAL FOR ANY REASON WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, ITS SUCCESSORS, OR ASSIGNS. Late charges on any payments, taxes, or other charges due hereunder and not received within ten (10) days of the due date shall accrue at the rate of 1.5% of the payment amount due per month (or if such rate shall exceed the maximum rate allowed by law, then at the highest rate that is permitted to be charged on liquidated amounts after judgment) beginning with the date that such amount was due and continuing until the amount is paid. If late charges are assessed by a lending institution due to any late payment, Lessee agrees to pay such late charges or to reimburse Lessor for their payments. Lessee agrees to make payment for any late charges promptly upon demand by Lessormanner provided in Article 6 below.

TERMS OF LEASE. The Initial Landlord shall lease the 4400 Xxxxxxxx Expansion Option Space to Tenant on all the same terms and conditions contained in this Lease Term and except (i) Landlord shall not be required to pay to Tenant any tenant improvement allowance or inducement, (ii) the Rent payable with respect to each Leased Item term of Tenant’s lease of the 4400 Xxxxxxxx Expansion Option Space shall be as set forth in and as stated in the respective Equipment Schedule(s). Lessee may a) exercise an Early Purchase Option, if applicable; or b) terminate any Equipment Schedule effective at the expiration of the Initial Lease Term or any renewal term thereof; by giving the Lessor at least sixty (60) days prior written notice. If said written notice is not received by Lessor within the specified period, then the Lease shall continue until the end of the Initial Lease Term. No notice of intent to exercise an Early Purchase Option or termination may be revoked without prior written consent of the Lessor. Initial: /s/ MP 53 4. RENT AND PAYMENT: As to any Equipment leased hereunder, the "Monthly Rental" payable by Lessee to Lessor shall be as set forth in the applicable Equipment Schedule. The Monthly Rental shall begin on the Acceptance Date and shall be due and payable by Lessee in advance on the first day of each month throughout the Initial Period and any Automatic Renewal Period. If the Acceptance Date does not fall on the first day of the month, then the first rental payment shall be a pro rata portion of the Monthly Rental, calculated on a 30-day basis for the period between the Acceptance Date and the Commencement Date, and shall be due and payable on the Acceptance Date. Lessee shall pay all Monthly Rental to Lessor, its successors or assigns, at Lessor's address set forth above (or as otherwise directed in writing by Lessor, its successors, or assigns), whether or not Lessee has received any notice that such payment is due. LESSEE SHALL NOT ABATX, XXT OFF, OR DEDUCT ANY AMOUNT OR DAMAGES FROM OR REDUCE ANY MONTHLY RENTAL FOR ANY REASON WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, ITS SUCCESSORS, OR ASSIGNS. Late charges on any payments, taxes, or other charges due hereunder and not received within ten (10) days years, commencing on the date on which Landlord delivers to possession of the 4400 Xxxxxxxx Expansion Option Space to Tenant (subject to extension pursuant to Section 26.5), (iii) Tenant may not place or install exterior signage on the building in which the 4400 Xxxxxxxx Expansion Option Space is located, (iv) Tenant shall deliver to Landlord concurrently with Tenant’s execution of an amendment to this Lease to include the 4400 Xxxxxxxx Expansion Option Space or Tenant’s execution of a new lease for the 4400 Xxxxxxxx Expansion Option Space (which Tenant shall execute within thirty (30) days after Tenant exercises its Expansion Option and receives the proposed amendment or lease from Landlord) a security deposit for the 4400 Xxxxxxxx Expansion Option Space in an amount equal to the last monthly installment of Base Rent due date for the 4400 Xxxxxxxx Expansion Option Space, (v) the monthly Base Rent per rentable square foot for the 4400 Xxxxxxxx Expansion Option Space shall accrue be an amount equal to monthly Base Rent per rentable square foot of the existing Premises in effect at the rate of 1.5% commencement of the payment term of the 4400 Xxxxxxxx Expansion Option Space, less (1) the amount due of the monthly Base Rent per month rentable square foot attributable to the Additional Allowance (or if such rate shall exceed any) and (2) the maximum rate allowed by law, then at amount of the highest rate that is permitted monthly Base Rent per rentable square foot attributable to the Base Allowance (which the parties agree to be charged an amount equal to Seven and One-Half Cents ($0.075) per rentable square foot, increased by three and one-half percent (3.5%) per annum beginning on liquidated amounts after judgmentthe Commencement Date and ending on the commencement date of the term of the 4400 Xxxxxxxx Expansion Space), subject to further increases thereafter in the same percentages and on the same dates as the remainder of the Premises pursuant to Section 4.2, and (vi) beginning Tenant shall lease the 4400 B ohannon Expansion Option Space in its “as is” condition, except Landlord shall deliver the 4400 Xxxxxxxx Expansion Option Space to Tenant in broom clean condition, with building systems in good working condition and the date that such amount was due and continuing until the amount is paid. If late charges are assessed by a lending institution due to any late payment, Lessee agrees to pay such late charges or to reimburse Lessor for their payments. Lessee agrees to make payment for any late charges promptly upon demand by Lessorroof in water right condition.