Common use of Base Monthly Rent Clause in Contracts

Base Monthly Rent. Tenant shall pay to Landlord as base monthly rent (“Base Monthly Rent”) the applicable amounts set forth in Exhibit “H.” Base Monthly Rent allocated to each of the Sites (“Individual Store Rents”) is listed on Exhibit “A.” The parties acknowledge and agree that the Individual Store Rents are included in Exhibit “A” solely for the convenience and use of the parties in making certain calculations as may be necessary from time to time pursuant to the provisions hereof. By way of example only, Base Monthly Rent payable hereunder following any of the following events will be adjusted by the respective Individual Store Rent(s): (i) termination of this Lease pursuant to the terms hereof as to certain (but not all) of the Sites; or (ii) of a conveyance by Landlord of Landlord’s interest in this Lease as to one or more of the Sites prior to expiration or termination hereof; or (iii) an assignment by Tenant of Tenant’s interest in this Lease as to one or more of the Sites pursuant to the terms hereof. Notwithstanding anything contained in this Lease to the contrary, in no event shall the rental to be paid by Tenant hereunder ever be less than the amount payable by Tenant as Base Monthly Rent. Base Monthly Rent shall be payable by Tenant to Landlord in advance commencing on the Commencement Date (“Rent Commencement Date”) and on or before the first day of each calendar month thereafter, without prior notice, invoice, demand, deduction, or offset whatsoever. If the first day of the calendar month falls on a day which is a Saturday, Sunday, or a day which is, in the city and state in which Tenant is located, either a legal holiday or a day on which banking institutions are authorized by law to remain closed for the entire day, then Base Monthly Rent shall be payable on the next business day.

Base Monthly Rent. Subject to Sections 2.5 and 3.3 hereof, from and after the Commencement Date, Tenant shall pay to Landlord in advance, on the first day of each and every calendar month during the Lease Term, the Base Monthly Rent. Subject to Sections 2.5 and 3.3 hereof, commencing as of the first (1st) anniversary of the Commencement Date and continuing on every subsequent anniversary of the Commencement Date, Base Monthly Rent shall be increased in accordance with the following schedule: Lease Year Base Monthly Rent Base Annual Rent ---------- ----------------- ---------------- 2 $34,772.50 $417,270.00 3 $37,256.25 $447,075.00 4 $38,249.75 $458,997.00 5 $39,243.25 $470,919.00 The Base Monthly Rent for any fraction of a month at the beginning of the Lease Term will be prorated and paid within three (3) days of the Commencement Date. Payment of the Base Monthly Rent, Additional Rent and all other charges deemed to be Rent under this Lease shall be without prior notice, deduction, offset or demand, shall be in lawful money of the United States of America and shall be made at the address set forth for Landlord in the Basic Terms or at such other place as Landlord may direct. Base Monthly Rent payable for any period of less than one (1) month shall be prorated based upon a thirty (30) day month. Tenant shall pay to Landlord as base monthly rent (“prepaid Base Monthly Rent”) , upon Landlord's acquisition of the applicable amounts set forth Project (in Exhibit “H.” addition to the security deposit required), the amount specified in the Basic Terms, which sum shall be applied to the first calendar month of the Lease Term for which payment of Base Monthly Rent allocated to each is due. Notwithstanding the provisions of this Section 4.1, (a) in the event the area of the Sites (“Individual Store Rents”) is listed on Exhibit “A.” The parties acknowledge and agree that the Individual Store Rents are included in Exhibit “A” solely for the convenience and use of the parties in making certain calculations as may be necessary from time to time pursuant to the provisions hereof. By way of example only, Base Monthly Rent payable hereunder following any of the following events will be adjusted by the respective Individual Store Rent(s): (i) termination of this Lease Premises has not been reduced pursuant to the terms hereof as to certain (but not all) of the Sites; or (ii) Section 2.5 of a conveyance by Landlord of Landlord’s interest in this Lease as to one or more of the Sites prior to expiration or termination hereof; or (iii) an assignment by Tenant of Tenant’s interest in this Lease as to one or more of the Sites pursuant to the terms hereof. Notwithstanding anything contained in this Lease to the contraryLease, in no event shall the rental to be paid by Tenant hereunder ever be less than the amount payable by Tenant as Base Monthly Rent. Base Monthly Rent shall be payable by Tenant waived for the East Wing until the later to Landlord in advance commencing on the Commencement Date occur of (“Rent Commencement Date”i) and on or before the first day of each calendar month thereafter, without prior notice, invoice, demand, deduction, or offset whatsoever. If the first day Substantial Completion of the calendar month falls on a day which is a SaturdayEast Wing 12/18/94 Landlord Initials /s/ ----- Tenant Initials /s/ ----- 11 34 or (ii) December 1, Sunday, or a day which is, in the city 1995 and state in which Tenant is located, either a legal holiday or a day on which banking institutions are authorized by law to remain closed (b) Base Monthly Rate shall be waived for the entire daySecond Phase of the West Wing until the later to occur of (i) Substantial Completion of the Second Phase or (ii) July 1, then Base Monthly Rent shall be payable on the next business day1995.

Base Monthly Rent. Tenant's occupancy of any portion of the Premises prior to the Commencement Date for such portion shall be subject to all of the provisions of this Lease, including, without limitation, the provisions of Paragraphs 10 and 11; provided, however, that Tenant shall not be obligated to pay any Base Monthly Rent or Additional Rent under this Lease until the Commencement Date for the Building in question. Tenant's obligation to pay rent for each Building shall commence on the Commencement Date for such Building, whether or not Tenant has completed its remodeling for such Building. Beginning on the Commencement Date for each Building and continuing through the term of this Lease, Tenant shall pay to Landlord as base monthly rent (“Base Monthly Rent”) the applicable amounts set forth in Exhibit “H.” Base Monthly Rent allocated to each of the Sites (“Individual Store Rents”) is listed on Exhibit “A.” The parties acknowledge and agree that the Individual Store Rents are included in Exhibit “A” solely for the convenience Premises, the following respective sums for each Building, subject, however, to adjustment as provided in Sections 1.1, 3.2 and use of the parties in making certain calculations as may be necessary from time to time pursuant to the provisions hereof. By way of example only, 3.3 below: Building Base Monthly Rent payable hereunder following any of the following events will be adjusted by the respective Individual Store Rent(s): (i) termination of this Lease pursuant to the terms hereof as to certain (but not all) of the Sites; or (ii) of a conveyance by Landlord of Landlord’s interest in this Lease as to one or more of the Sites prior to expiration or termination hereof; or (iii) an assignment by Tenant of Tenant’s interest in this Lease as to one or more of the Sites pursuant to the terms hereof. Notwithstanding anything contained in this Lease to the contrary, in no event shall the rental to be paid by Tenant hereunder ever be less than the amount payable by Tenant as Base Monthly Rent. -------- ----------------- A _______________ B _______________ C _______________ Total =============== All Base Monthly Rent shall be payable by Tenant to Landlord paid in advance commencing on the Commencement Date (“Rent Commencement Date”) and on or before the first day of each calendar month thereafterof the term of the Lease, without deduction, offset, prior notice, invoice, notice or demand, deduction, or offset whatsoeverin lawful money of the United States. If the Commencement Date is not the first day of the calendar month falls on a day which is a Saturday, Sundaymonth, or if the Lease termination date is not the last day of the month, a day which is, in the city and state in which Tenant is located, either a legal holiday or a day on which banking institutions are authorized by law to remain closed for the entire day, then prorated Base Monthly Rent shall be payable on paid at the next business daythen current rate for the fractional month during which the Lease commences and/or terminates. Within two (2) weeks following Tenant's execution of this lease, Tenant shall pay to Landlord the sum, as advance rent to be applied towards the Base Monthly Rents first accruing under this Lease.

Base Monthly Rent. Tenant shall pay to Landlord as base monthly rent (“Base Monthly Rent”) the applicable amounts set forth in Exhibit “H.” sum of Nine Hundred Thirty-four Thousand Three Hundred Eighty-five and 42/100 Dollars ($934,385.42) during the Initial Term of this Lease (including any partial month following the Commencement Date hereof). As reflected on the Base Monthly Rent allocated to each of the Sites (“Individual Store Rents”) is listed on Schedule attached as Exhibit “A.” The parties acknowledge and agree that the Individual Store Rents are included in Exhibit “A” solely for the convenience and use of the parties in making certain calculations as may be necessary from time to time pursuant to the provisions hereof. By way of example onlyB hereto, Base Monthly Rent payable hereunder following any of the following events will be adjusted shall increase by the respective Individual Store Rent(s): two and 00/100 percent (i) termination of this Lease pursuant to the terms hereof as to certain (but not all2.00%) of the Sites; preceding year’s Base Monthly Rent on the anniversary of the Commencement Date hereof, or (ii) if the Commencement Date does not fall on the first day of a conveyance by Landlord of Landlord’s interest in this Lease as to one or more calendar month, then on the first day of the Sites prior to expiration or termination hereof; or calendar month immediately following the anniversary thereof (iii) an assignment by Tenant of Tenant’s interest in this Lease as to one or more the “Rental Increase Date”), and on each anniversary of the Sites pursuant to Rental Increase Date thereafter during the terms hereofInitial Term. Notwithstanding anything contained in this Lease to the contrary, in no event shall the rental to be paid by Tenant hereunder ever be less than the amount payable by Tenant as Base Monthly Rent. Base Monthly Rent shall be payable by Tenant to Landlord in advance in equal monthly installments commencing on upon the Commencement Date (“Rent Commencement Date”) and on or before the first day of each calendar month thereafter, without prior notice, invoice, demand, deduction, or offset whatsoever. If ; provided, however, if the first day of the a calendar month falls on a day which is a Saturday, Sunday, or a day which is, in the city and state in which Tenant is located, either a legal holiday or a day on which banking institutions are authorized by law to remain closed for the entire day, then Base Monthly Rent shall be payable on the next first business dayday of the calendar month. Landlord shall have the right to accept all rent and other payments, whether full or partial, and to negotiate checks and payments thereof without any waiver of rights, irrespective of any conditions to the contrary sought to be imposed by Xxxxxx. Base Monthly Rent may be paid either via electronic transfer of funds (i.e., via either wire transfer, or EFT transfer), or at Landlord’s option (upon thirty (30) days advance written notice to Tenant), by check paid to Landlord at either the address to which notices to Landlord are given, or to such other address as Landlord may designate in writing from time to time. Base Monthly Rent for any partial month shall be prorated based upon the actual number of days in the month subject to proration. The Landlord acknowledges having received, upon the execution of this Lease, the Base Monthly Rent for the first month of the Initial Term in the amount of Fourteen Thousand Nine Hundred Sixty-two and 50/100 Dollars ($14,962.50) and the Base Monthly Rent for the final month of the Initial Term in the amount of Sixteen Thousand One Hundred Ninety-five and 89/100 Dollars ($16,195.89).

Base Monthly Rent. (a) Commencing on the Lease Commencement Date (as determined pursuant to Paragraph 2.3 above) and continuing throughout the Lease Term, Tenant shall pay to Landlord as base monthly rent (“Base Monthly Rent”) the applicable amounts set forth in Exhibit “H.” Base Monthly Rent allocated to each of the Sites (“Individual Store Rents”) is listed on Exhibit “A.” The parties acknowledge and agree that the Individual Store Rents are included in Exhibit “A” solely for the convenience and use of the parties in making certain calculations as may be necessary from time to time pursuant to the provisions hereof. By way of example onlyLandlord, Base Monthly Rent payable hereunder following any of the following events will be adjusted by the respective Individual Store Rent(s): (i) termination of this Lease pursuant to the terms hereof as to certain (but not all) of the Sites; or (ii) of a conveyance by Landlord of Landlord’s interest in this Lease as to one or more of the Sites without prior to expiration or termination hereof; or (iii) an assignment by Tenant of Tenant’s interest in this Lease as to one or more of the Sites pursuant to the terms hereof. Notwithstanding anything contained in this Lease to the contrarydemand therefor, in no event shall the rental to be paid by Tenant hereunder ever be less than the amount payable by Tenant as Base Monthly Rent. Base Monthly Rent shall be payable by Tenant to Landlord in advance commencing on the Commencement Date (“Rent Commencement Date”) and on or before the first day of each calendar month thereaftermonth, without prior notice, invoice, demand, deduction, cash or offset whatsoeverother immediately available good funds in the amount set forth as Base Monthly Rent in Article 1. If for any reason the Lease Commencement Date occurs pursuant to the terms of this Lease on a day other than the first day of a calendar month, the period commencing on the Lease Commencement Date and ending on the last day of the calendar month falls in which the Lease Commencement Date occurs shall be an initial “Stub Period” which shall be added to the Lease Term, and Tenant shall pay all rent and other charges with respect to such Stub Period (on a prorated basis) on the Lease Commencement Date at the same rate applicable to the first full calendar month of this Lease. Base Monthly Rent is payable at a reduced rate during the first twelve (12) full calendar months of the Lease Term, as if the Leased Premises contained only 12,000 rentable square feet (the “Base Rent Abatement Period”). Notwithstanding anything to the contrary contained in this Lease, Landlord shall have the option (the “Lump Sum Payment Option”) to require Tenant to pay Base Monthly Rent for so much of the Base Rent Abatement Period as remains following Landlord’s notice as hereinafter provided at the rate of $28,925.00 per month, beginning on the date (the “Base Monthly Rent Start Date”) set forth in the Lump Sum Payment Option Notice (defined below), which shall in no event be a date prior to payment to Tenant of the Abated Rent Lump Sum Payment. To exercise the Lump Sum Payment Option, Landlord must (i) provide written notice to Tenant of such exercise (the “Lump Sum Payment Option Notice”) and (ii) pay to Tenant the Base Monthly Rent that would be payable for the remaining Base Rent Abatement Period at the rate of $28,925.00 per month (the “Abated Rent Lump Sum Payment”). If Landlord elects its Lump Sum Payment Option, the Abated Rent Lump Sum Payment shall be made, at Landlord’s election (a) within thirty (30) days of Tenant’s receipt of the Lump Sum Payment Option Notice, or (b) on the closing date of any financing or sale of the Building by Landlord (the date of such payment is hereinafter referred to as the “Lump Sum Payment Date”), but, in either event, not later than the Base Monthly Rent Start Date. If Landlord fails to pay the Abated Rent Lump Sum Payment by the Lump Sum Payment Date or the financing or sale transaction for the Building, if applicable, expires or is terminated or deemed null and void for any reason, Landlord’s exercise of the Lump Sum Payment Option shall be deemed null and void and of no further force or effect and the Abated Rent Lump Sum Payment, if theretofore paid by Landlord to Tenant, shall promptly be returned by Tenant to Landlord. If Landlord’s Lump Sum Payment Notice is effective on a day which is other than the first day of a Saturday, Sunday, or a day which is, in calendar month and Landlord has then paid the city and state in which Tenant is located, either a legal holiday or a day on which banking institutions are authorized by law to remain closed for the entire dayAbated Rent Lump Sum Payment, then Tenant shall pay any Base Monthly Rent shall be payable hereunder for the period from the Base Monthly Rent Start Date through the last day of such calendar month (less any amounts paid previously paid by Tenant on account of such period), with the next business dayinstallment of Base Monthly Rent due for the calendar month following the month in which such Lump Sum Payment Notice is effective.

Base Monthly Rent. Tenant shall pay to Landlord as monthly base rent in the initial amount in Section 1 which shall be payable monthly rent in advance on the first day of each and every calendar month of the Term of the Lease (“Base Monthly Rent”) provided, however, the applicable amounts set forth in Exhibit “H.” first month’s Base Monthly Rent allocated and Tenant’s Share of Expenses is due and payable on the Commencement Date with respect to each portion of the Sites (“Individual Store Rents”) is listed on Exhibit “A.” The parties acknowledge and agree that the Individual Store Rents are included in Exhibit “A” solely for the convenience and use of the parties in making certain calculations as may be necessary from time to time pursuant to the provisions hereof. By way of example only, Base Monthly Rent payable hereunder following any of the following events will be adjusted by the respective Individual Store Rent(s): (i) termination of this Lease pursuant to the terms hereof as to certain (but not all) of the Sites; or (ii) of a conveyance by Landlord of Landlord’s interest in this Lease as to one or more of the Sites prior to expiration or termination hereof; or (iii) an assignment by Tenant of Tenant’s interest in this Lease as to one or more of the Sites pursuant to the terms hereofPremises. Notwithstanding anything contained to the contrary in this Lease to the contrarySection 4, in no event shall the rental to be paid by Tenant hereunder ever be less than the amount payable by Tenant as Base Monthly Rent. Base Monthly Rent shall be payable by Tenant to Landlord in advance commencing on abated for: (x) the Clear Channel Premises (except for the 351 Office, 351 Storage and 351 IDF spaces) from its Commencement Date until one hundred twenty (120) days after the Commencement Date (the “Clear Channel Rent Abatement Period”); (y) the 351 Office, 351 Storage and 351 IDF spaces from the Commencement Date until June 30, 2011 (the “351 Office/Storage/IDF Abatement Period”); and (z) the 351 Washington Financial space from the date that Tenant notifies Landlord that it has begun the Tenant Improvement Work for that space until one hundred twenty (120) days thereafter (the “351 Washington Financial Rent Abatement Period”, the Clear Channel Rent Abatement Period, 351 Office/Storage Rent Abatement Period and 351 Washington Financial Rent Abatement Period being collectively known as the “Rent Commencement DateAbatement Periods”); provided, however, if prior to or during the Rent Abatement Periods, there is a default by Tenant as set forth in Section 20(a) and on or before the first day of each calendar month thereafter, without prior notice, invoice, demand, deduction, or offset whatsoever. If the first day of the calendar month falls on a day which is a SaturdayLease, Sundaythen any current abatement shall immediately cease, or a day which isany future abatement during the remainder of the Rent Abatement Periods shall be null and void, in the city and state in which Tenant is located, either a legal holiday or a day on which banking institutions are authorized by law to remain closed shall thereafter pay full Rent for the entire dayremainder of the Term. For purposes of Section 467 of the Internal Revenue Code, then the parties to this Lease hereby agree to allocate the stated Rents, provided herein, to the periods which correspond to the actual Rent payments as provided under the terms and conditions of this agreement. Notwithstanding anything to the contrary in this Lease, until August 1, 2012, the Base Monthly Rent for the CTI Space (defined in Section 43 below) shall be payable on remain at the next business dayrental rate, including any applicable increases, Tenant pays to Landlord pursuant to that certain Amended and Restated Office Lease Agreement, dated April 3, 2000, between 401 Xxxxxxx Xxxx LLC and Tenant.