Common use of Base Rental Clause in Contracts

Base Rental. TENANT agrees to pay LANDLORD the Base Rental in advance, without prior demand or any abatement, deduction or set-off, in monthly installments on the first day of each and every month during the Term. If the Lease Term commences on any day of a month except for the first day, TENANT shall pay LANDLORD Base Rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement month); and the first month's rent paid by TENANT, if any, upon execution of this Lease shall apply and be credited to the next full month's rent due hereunder. Base Rental for any partial month of occupancy at the end of the Term of this Lease shall be prorated, such proration to be based on the actual number of days in the partial month. Rent is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities (other than water and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the space leased hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within ten (10) days after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default under this Lease. The provisions herein for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended to reimburse LANDLORD for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional rent.

Appears in 1 contract

Samples: Lease (Take to Auction Com Inc)

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Base Rental. TENANT agrees (a) From and after the Commencement Date, Tenant shall pay to pay LANDLORD Landlord, without any set off or deduction whatsoever except as otherwise expressly provided in this Lease, the Base Rental. Tenant shall also pay, as additional rent, Excess Basic Costs (hereinafter defined) and all other sums of money that become due and payable by Tenant to Landlord under this Lease (Base Rental, any adjustment thereto pursuant to Exhibit H attached hereto, Excess Basic Costs and all other sums of money due and payable by Tenant to Landlord under this Lease are sometimes hereinafter collectively called “rent”). Tenant shall also pay with each Base Rental payment the amount of any sales taxes assessed against rent. The annual Base Rental, as adjusted each year during the Lease Term pursuant to Exhibit H attached hereto, shall be due and payable in advance, without prior demand or any abatement, deduction or set-off, advance in monthly twelve (12) equal installments on the first (1st) day of each and every calendar month during the TermLease Term and any extensions or renewals thereof, and Tenant hereby agrees to pay Base Rental to Landlord at Landlord’s address provided herein (or such other address as may be designated by Landlord in writing from time to time) monthly, in advance, and without demand except as otherwise expressly provided in this Lease. If the Lease Term commences on any a day other than the first (1st) day of a month except for month, then the first day, TENANT shall pay LANDLORD installment of Base Rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement month); and the first month's rent paid by TENANT, if any, upon execution of this Lease shall apply and be credited to the next full month's rent due hereunder. Base Rental for any partial month of occupancy at the end of the Term of this Lease adjusted pursuant hereto shall be prorated, such proration to be based on the actual number of thirty (30) days in the partial per month. Rent is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities (other than water and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance such installment so prorated shall be paid in advance on the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the space leased hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within ten (10) days after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default under this Lease. The provisions herein for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended to reimburse LANDLORD for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional rentCommencement Date.

Appears in 1 contract

Samples: Sublease Agreement (A. H. Belo Corp)

Base Rental. TENANT (a) Tenant covenants and agrees to pay LANDLORD during the Lease Term, to Landlord, without any setoff or deduction whatsoever, the Base Rental, and all such other sums of money as shall become due hereunder as additional rent, all of which are sometimes herein collectively called "rent." In the event of nonpayment of any such rent, Landlord shall be entitled to exercise all such rights and remedies as are herein provided in the case of the nonpayment of Base Rental. Except as otherwise provided herein, the annual Base Rental for each calendar year or portion thereof during the Lease Term, together with any estimated adjustment thereto pursuant to Exhibit "C" hereof then in advanceeffect, without prior demand or any abatement, deduction or set-off, shall be due and payable in monthly advance in twelve (12) equal installments on the first day of each and every calendar month during the Terminitial term of this Lease and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rental and any adjustments thereto to Landlord at address provided herein (or such other address as may be designated by Landlord in writing from time to time) monthly, in advance, and without demand. If the term of this Lease Term commences on any a day other than the first day of a month except or terminates on a day other than the last day of a month, then the installments of Base Rental and any adjustment thereto for such month or months shall be prorated, based on the number of days in such month. The Base Rental for the first day, TENANT shall pay LANDLORD Base Rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement partial month); and the first month's rent paid by TENANT, if any, upon execution shall be payable at the beginning of this Lease said period. All such payments shall apply be by a good and be credited sufficient check (subject to collection) drawn on a bank acceptable to Landlord. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the next full month's correct installment of rent due hereunder. Base Rental for any partial month of occupancy at the end of the Term of under this Lease shall be prorated, such proration deemed to be based other than a payment on account of the actual number of days in the partial month. Rent is payable at LANDLORD's office at 2860 Pershing Streetearliest rent due hereunder, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service nor shall any endorsement or statement on any check or any utilities (other than water letter accompanying any check or payment be deemed an accord and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentalsEXHIBIT 10.7 satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other charges, taxes and/or impositions now in existence remedy provided by this Lease or hereafter imposed based upon the privilege applicable law. The acceptance by Landlord of renting the space leased hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any an installment of Base Rental, or any item of additional rent within ten (10) days on a date after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of such payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default under this Lease. The provisions herein for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended be a waiver of Landlord's right to reimburse LANDLORD declare a default for its overhead any other late payment. If Tenant fails to timely pay any two (2) installments of rent in any consecutive twelve month period, Landlord may require Tenant to pay rent (as estimated by Landlord, if necessary) quarterly in advance, and, in such event, all future payments shall be made on or before the due date in cash or by cashier's check or money order, and expense so incurred and the delivery of Tenant's collectible personal or corporate check shall no longer constitute payment thereof. Any acceptance of Tenant's collectible personal or corporate check thereafter by Landlord shall not be construed as a waiver of the requirement that such payments be made in cash or by cashier's check or money order. All amounts received by Landlord from Tenant hereunder shall be applied first to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges earliest accrued and Returned Check Charges are considered additional rentunpaid rent then outstanding.

Appears in 1 contract

Samples: Office Lease Agreement (Objectspace Inc)

Base Rental. TENANT (a) Tenant covenants and agrees to pay LANDLORD during the Lease Term, to Landlord, without any setoff or deduction whatsoever, the Base Rental, and all such other sums of money as shall become due hereunder as additional rent, all of which are sometimes herein collectively called "rent." In the event of nonpayment of any such rent, Landlord shall be entitled to exercise all such rights and remedies as are herein provided in the case of the nonpayment of Base Rental. Except as otherwise provided herein, the annual Base Rental for each calendar year or portion thereof during the Lease Term, together with any estimated adjustment thereto pursuant to Exhibit "C" hereof then in advanceeffect, without prior demand or any abatement, deduction or set-off, shall be due and payable in monthly advance in twelve (12) equal installments on the first day of each and every calendar month during the Terminitial term of this Lease and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rental and any adjustments thereto to Landlord at address provided herein (or such other address as may be designated by Landlord in writing from time to time) monthly, in advance, and without demand. If the term of this Lease Term commences on any a day other than the first day of a month except or terminates on a day other than the last day of a month, then the installments of Base Rental and any adjustment thereto for such month or months shall be prorated, based on the number of days in such month. The Base Rental for the first day, TENANT shall pay LANDLORD Base Rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement partial month); and the first month's rent paid by TENANT, if any, upon execution shall be payable at the beginning of this Lease said period. All such payments shall apply be by a good and be credited sufficient check (subject to collection) drawn on a bank acceptable to Landlord. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the next full month's correct installment of rent due hereunder. Base Rental for any partial month of occupancy at the end of the Term of under this Lease shall be prorated, such proration deemed to be based other than a payment on account of the actual number of days in the partial month. Rent is payable at LANDLORD's office at 2860 Pershing Streetearliest rent due hereunder, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service nor shall any endorsement or statement on any check or any utilities (other than water letter accompanying any check or payment be deemed an accord and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentalssatisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other charges, taxes and/or impositions now in existence remedy provided by this Lease or hereafter imposed based upon the privilege applicable law. The acceptance by Landlord of renting the space leased hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any an installment of Base Rental, or any item of additional rent within ten (10) days on a date after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of such payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default under this Lease. The provisions herein for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended be a waiver of Landlord's right to reimburse LANDLORD declare a default for its overhead any other late payment. If Tenant fails to timely pay any two (2) installments of rent in any consecutive twelve month period, Landlord may require Tenant to pay rent (as estimated by Landlord, if necessary) quarterly in advance, and, in such event, all future payments shall be made on or before the due date in cash or by cashier's check or money order, and expense so incurred and the delivery of Tenant's collectible personal or corporate check shall no longer constitute payment thereof. Any acceptance of Tenant's collectible personal or corporate check thereafter by Landlord shall not be construed as a waiver of the requirement that such payments be made in cash or by cashier's check or money order. All amounts received by Landlord from Tenant hereunder shall be applied first to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges earliest accrued and Returned Check Charges are considered additional rentunpaid rent then outstanding.

Appears in 1 contract

Samples: Office Lease Agreement (Objectspace Inc)

Base Rental. TENANT agrees Commencing on the Thirteenth Amendment Rent Commencement Date, Tenant shall pay to pay LANDLORD the Landlord Base Rental for the Expansion Premises (in advanceaddition to its Base Rental obligations for the original Premises), without prior demand or any abatement, deduction or set-off, which shall be payable in monthly installments as set forth below. As used in this Section 3, “Expansion Year” means the 12 month period commencing on the first day Thirteenth Amendment Rent Commencement Date, and each consecutive 12 month period thereafter through the Expansion Expiration Date (and, therefore, the final Expansion Year will contain less than 12 months). EXPANSION PREMISES Expansion Year Annual Rate/RSF Monthly Installment 1 (1st 6 months after the Thirteenth Amendment Rent Commencement Date) $ [*] $ [*] * 1 (2nd 6 months) $ [*] $ [*] 2 $ [*] $ [*] 3 $ [*] $ [*] 4 $ [*] $ [*] 5 $ [*] $ [*] 6 $ [*] $ [*] 7 $ [*] $ [*] 8 $ [*] $ [*] 9 $ [*] $ [*] 10 $ [*] $ [*] * Such abatement shall apply solely to payment of each and every month during the Term. If the Lease Term commences on any day monthly installments of a month except for the first day, TENANT shall pay LANDLORD Base Rental as provided for herein for such commencement month on a prorated basis (such proration and shall not be applicable to be based on the actual number days in the commencement month); and the first month's rent paid by TENANT, if any, upon execution of this Lease shall apply and be credited to the next full month's rent due hereunder. Base Rental for any partial month of occupancy at the end of the Term of this Lease shall be prorated, such proration to be based on the actual number of days in the partial month. Rent is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities (other than water and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence expenses or hereafter imposed based upon costs payable by Tenant under the privilege Lease or this Amendment, including but not limited to Tenant’s Percentage Share of renting Operating Expenses. Landlord and Tenant agree that the space leased hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any installment abatement of Base Rental, or any item of additional rent within ten (10) days after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted Rental in this Section is conditional and is made by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative Landlord in reliance upon Tenant’s faithful and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified continued performance of the returned check shall constitute a default under terms, conditions and covenants of this Lease. The provisions herein for Amendment and the Lease and the payment of all monies due Landlord hereunder. In the Late event that Tenant defaults under the terms and conditions of the Lease or Returned Check Charge this Amendment beyond any applicable notice and cure period resulting in the loss of Tenant’s right to possess the Total Premises, Landlord shall not have a claim for the unamortized portion of all conditionally abated rental (without limitation and in addition to any and all other rights and remedies available to Landlord provided herein or at law and in equity). Except as otherwise expressly set forth herein, Base Rental shall be construed payable pursuant to represent interest but are intended to reimburse LANDLORD for its overhead the terms and expense so incurred and shall not be construed to extend conditions of Article 2 of the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional rentOriginal Lease.

Appears in 1 contract

Samples: Center Office Lease Agreement (Norwegian Cruise Line Holdings Ltd.)

Base Rental. TENANT Subject to the provisions for rental adjustments ----------- hereinafter set forth, Tenant hereby agrees to pay LANDLORD a base annual rental ("Base Rental") which shall be computed at the rate of [Redacted] for each square foot of Rentable Area (computed in accordance with Section 3.09 hereof). The Base Rental shall be payable in advance, without prior demand or any abatement, deduction or set-off, in equal monthly installments which shall be due and payable in advance on the first day of each and every calendar month during each year of the Termterm hereof. All payments of rent shall be paid to the Landlord in lawful money of the United States of America at the address of Landlord shown herein, or to such other party or at such other place as Landlord may designate from time to time in a written notice to Tenant. If the Lease Term term commences or terminates on any day other than the first or last day of a month except for calendar month, the first day, TENANT shall pay LANDLORD Base Rental as provided for herein and all other sums due hereunder shall be prorated for such commencement month fractional calendar month. In the event any installment of Base Rental or Additional Rental is not paid on a prorated basis (such proration its due date, Tenant shall also pay to be based on Landlord an amount equal to the actual number days in the commencement month); and the first month's rent paid by TENANTdelay charge, if any, upon execution of this Lease shall apply and be credited actually incurred by Landlord with respect to a payment to the next full month's first mortgage holder for the month for which such rent payment is due, and such payment shall constitute Additional Rent hereunder and shall be immediately due hereunderand payable. Except as otherwise expressly provided in this Lease, Base Rental for any partial month of occupancy at the end of the Term of this Lease and Additional Rent shall be proratedpayable hereunder without set-off or deduction; provided, such proration to be based on the actual number of days in the partial month. Rent is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities (other than water and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the space leased hereunder or upon the amount of rentals collected therefor. Howeverhowever, nothing herein shall be taken diminish the right of Tenant to require TENANT proceed against Landlord in such manner as it may see fit with respect to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any installment of Base Rental, claim or any item of additional rent within ten (10) days after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default claims arising under this Lease. The provisions herein for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended to reimburse LANDLORD for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional rent.

Appears in 1 contract

Samples: Lease Agreement (Kansas City Southern Industries Inc)

Base Rental. TENANT agrees to As Rent for the lease and use of the Premises, Tenant will pay LANDLORD the Base Rental in advance, without prior demand Landlord or any abatement, deduction or set-offLandlord’s assigns, in 12 equal monthly installments on the first day of each calendar month, in advance and every month during without deduction, abatement or setoff, the TermBase Rental in the then applicable amount set forth in Section I.N. hereof, in lawful money of the United States. All installments of Rent shall be paid to Landlord at the address set forth in Section 1.C. (or such other address as may be designated by Landlord from time to time). Landlord hereby agrees to provide Tenant with sufficient information necessary for Tenant to make all payments to Landlord due under this Lease via Automatic Clearing House (“ACH”) payment, wire transfer or other form of electronic payment as may be requested by Tenant. If the Lease Term commences on any Commencement Date is other than the first day of a calendar month except for the first day, TENANT shall pay LANDLORD Base Rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement month); and the first month's rent paid by TENANT, or if any, upon execution of this Lease shall apply and be credited to expires or terminates on other than the next full last day of a calendar month's rent due hereunder. , then the installments of Base Rental for any partial such month or months shall be prorated and the installment or installments so prorated shall be paid in advance. Said installments for such prorated month or months shall be calculated by multiplying the equal monthly installment by a fraction, the numerator of occupancy at which shall be the end number of days of the Term occurring during said commencement or expiration month, as the case may be, and the denominator of this Lease which shall be prorated, such proration to be based on the actual number of days in the partial said month. All past due installments of Rent or other payments specified in this Lease shall bear interest from the first day which is payable five days after Tenant receives a written notice from Landlord that the same is past due until payment is received at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities the rate (other than water and sewerthe “Interest Rate”) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service equal to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month lesser of (i) a sum per annum rate equal to any sales taxthe “prime rate” or “base rate” announced by JPMorgan Chase Bank or its successor, tax on rentalsfrom time to time (“Prime Rate”) (or if the “prime rate” or “base rate” is discontinued, and any other chargesthe rate announced by such bank as that being charged to its most creditworthy commercial borrowers), taxes and/or impositions now in existence plus 2%, or hereafter imposed based upon (ii) the privilege of renting the space leased hereunder or upon the amount of rentals collected therefor. Howevermaximum contract interest rate per annum allowed by law; provided, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT however, if Tenant shall fail to pay any installment of Base RentalRent when due and such failure shall occur more than two times in any 12-month period, or any item of additional rent within ten (10) days after its upon the third such failure all past due date, such unpaid amounts Rent then owing shall bear interest at the Interest Rate from the date due date thereof (without the requirement of notice from Landlord or the five day grace period). In addition, Tenant shall pay Landlord upon demand a late charge in an amount equal to 5% of any installments of Rent or other payments specified herein if such Rent is not paid within five days after Tenant receives a notice from Landlord that the date of payment at a rate which same is past due. The provision for such late charge shall be eighteen percent (18%) per annumin addition to all of Landlord’s other rights and remedies hereunder or at law, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default under this Lease. The provisions herein for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended to reimburse LANDLORD for its overhead and expense so incurred and shall not be construed to extend the date as liquidated damages or as limiting Landlord’s remedies in any manner. For purposes of making other payments due under this Lease (i.e. payments other than Base Rental, Additional Rental and any other payments for which a specific time period for payment is specified in this Lease), unscheduled payments due from Tenant to Landlord hereunder shall be due hereunder 30 days after Tenant’s receipt of any sums required to be paid a written notice and an invoice therefor from Landlord (accompanied by TENANT hereunder receipts or to relieve TENANT of its obligation to pay all such sums at other reasonably adequate documentation) specifying the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional rentamount due by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Inogen Inc)

Base Rental. TENANT (a) Tenant covenants and agrees to pay LANDLORD during the Lease Term, to Landlord, without any setoff, abatement or deduction whatsoever (except as expressly set forth herein to the contrary), the Base Rental, and all such other sums of money as shall become due hereunder as additional rent, all of which are sometimes herein collectively called "rent." The covenant of ---- Tenant to pay rent is an independent covenant of the Lease and is not conditioned on Landlord's performance of its obligations under the Lease. In the event of nonpayment of any such rent, Landlord shall be entitled to exercise all such rights and remedies as are herein provided in the case of the nonpayment of Base Rental. Except as otherwise provided herein, the annual Base Rental for each calendar year or portion thereof during the Lease Term, together with Tenant's Pro Rata Share of Basic Costs for the Building and Basic Costs for the Project, shall be automatically due and payable in advance, without prior demand or any abatement, deduction or set-off, advance in monthly twelve (12) equal installments on the first day of each and every calendar month during the Terminitial term of this Lease and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rental and any adjustments thereto to Landlord at Landlord's address provided herein (or such other address as may be designated by Landlord in writing from time to time) monthly, in advance, and without any notice or demand. If the term of this Lease Term commences on any a day other than the first day of a month except or terminates on a day other than the last day of a month, then the installments of Base Rental and Basic Costs for such month or months shall be prorated, based on the number of days in such month. The Base Rental for the first day, TENANT shall pay LANDLORD Base Rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement partial month); and the first month's rent paid by TENANT, if any, upon execution shall be payable at the beginning of this Lease said period. All such payments shall apply be by a good and be credited sufficient check (subject to collection). No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the next full month's correct installment of rent due hereunder. Base Rental for any partial month of occupancy at the end of the Term of under this Lease shall be prorated, such proration deemed to be based other than a payment on account of the actual number of days in the partial month. Rent is payable at LANDLORD's office at 2860 Pershing Streetearliest rent due hereunder, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service nor shall any endorsement or statement on any check or any utilities (other than water letter accompanying any check or payment be deemed an accord and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentalssatisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other charges, taxes and/or impositions now in existence remedy provided by this Lease or hereafter imposed based upon the privilege applicable law. The acceptance by Landlord of renting the space leased hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any an installment of Base Rental, or any item of additional rent within ten (10) days on a date after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of such payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default under this Lease. The provisions herein for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended be a waiver of Landlord's right to reimburse LANDLORD declare a default for its overhead any other late payment. All amounts received by Landlord from Tenant hereunder shall be applied first to the earliest accrued and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional rentunpaid rent then outstanding.

Appears in 1 contract

Samples: Office Lease Agreement (Netsolve Inc)

Base Rental. TENANT Tenant agrees to pay LANDLORD the Base Rental in advanceto Landlord during the Lease Term, without prior demand or any abatementsetoff, deduction or set-offcounterclaim whatsoever, together with all such other sums of money as shall become due hereunder as additional rent (all of which are sometimes herein collectively called "Rent"). Except as otherwise provided herein, the annual Base Rental for each calendar year or portion thereof during the Lease Term shall be due and payable in monthly advance in twelve (12) equal installments on the first day of each and every calendar month during the Lease Term, and Tenant hereby agrees to pay such Base Rental and any adjustments thereto to Landlord at P.0. Xxx 000000, Xxxxxxx, Xxxxxxx 00000-0000 (xx such other address as may be designated by Landlord in writing from time to time) monthly, in advance, and without demand. Any sum due from Tenant to Landlord which is not paid when due shall bear interest from the date due until the date paid at the annual rate of four percent (4%) above the prime rate as announced from time to time by The Wall Street Journal but in no event in excess of the maximum rate permitted by law (the "Default Rate"). If the Lease Term commences on any a day other than the first day of a month except for or terminates on a day other than the first daylast day of a month, TENANT shall pay LANDLORD then the installments of Base Rental as provided for herein and adjustments thereto and any additional rent for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement month); and the first month's rent paid by TENANT, if any, upon execution of this Lease shall apply and be credited to the next full month's rent due hereunder. Base Rental for any partial month of occupancy at the end of the Term of this Lease or months shall be prorated, such proration to be based on the actual number of days in the partial such month. Tenant shall pay Landlord a late charge for any Rent payment which is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities (other paid more than water and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the space leased hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within ten TEN (10) days after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents percent (5(cent)5%) per each dollar so overdue. In addition theretoof such payment; PROVIDED THAT SUCH LATE CHARGE SHALL NOT BE IMPOSED UNTIL THE FOURTH (4TH) SUCH LATE PAYMENT EACH LEASE YEAR, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank chargesAND FOR EACH SUBSEQUENT LATE PAYMENT DURING THE SAME LEASE YEAR. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified Base Rental due for the first month of the returned check shall constitute a default under this Lease. The provisions herein for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended to reimburse Lease Term SHALL BE PAID TO LANDLORD for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional rentON THE COMMENCEMENT DATE.

Appears in 1 contract

Samples: Office Lease Agreement (Triton Network Systems Inc)

Base Rental. TENANT 3.1 Lessee agrees to pay LANDLORD the Base Rental in advance, Lessor without prior demand any offset or any abatement, deduction or set-offwhatsoever, in lawful (legal tender for public or private debts) money of the United States of America at Lessor's address as set forth in Item 2 of the Basic Lease Provisions or elsewhere as designated from time to time by Lessor's notice in writing to Lessee, the monthly installments sum set forth in Item 6(a) of the Basic Lease Provisions (hereinafter called "Base Rental") on the first day of each calendar month, monthly in advance without demand, for each and every calendar month during of the Termterm of this Lease. Lessee also agrees to pay monthly the sum set forth in Item 6(b) of the Basic Lease Provisions for each reserved covered parking space. Lessee shall pay to Lessor, upon execution of this Lease, the sum set forth in Item 6(c) of the Basic Lease Provisions, representing payment of Base Rental for the first calendar month of the Lease term. The next monthly rental due under the terms of this Lease is payable on the date set forth in Item 6(d) of the Basic Lease Provisions. If the term of this Lease Term commences on any a day other than the first day of a month except for the first daycalendar month, TENANT Lessee shall pay LANDLORD Base Rental rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement month); pro rata basis, and the first month's rent paid by TENANT, if any, Lessee upon execution of this Lease hereof shall apply and be credited to the next full month's rent due hereunder. Base Rental for any partial month of occupancy at If the end of the Term term of this Lease expires on a day other than the first day of a calendar month, Lessee shall pay rental as provided herein for such expiration month on a pro rata basis. This covenant to pay rent shall be prorated, such proration to be based on the actual number independent of days any other covenant set forth in the partial monththis Lease. Rent is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities (other than water and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance Lessee shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees required to pay Lessor (as a late charge to LANDLORD each month compensate Lessor for the added administrative expense caused by such late payment) a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the space leased hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part y % of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall monthly rental (or other amounts) required to be paid under the terms hereof should Lessee fail to pay any installment of Base Rental, such rental (or any item of additional rent other amounts) within ten (10) days after its due date, such unpaid amounts shall bear interest from of the due date thereof to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annumprovided in this Lease. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT Lessee shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default Lessor as additional rental under this Lease. The provisions herein for the payment of the Late Lease any excise, sales, privilege or Returned Check Charge shall not be construed to represent interest but are intended to reimburse LANDLORD for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be gross receipts tax levied on rents or charges paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional renthereunder.

Appears in 1 contract

Samples: Lease Agreement (Metrowerks Inc /Tx/)

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Base Rental. TENANT Tenant agrees to pay LANDLORD to Landlord, as base rental hereunder, ----------- one hundred and eighty (180) consecutive monthly payments of $42,218.57, together with any tax imposed by the Base Rental State of Florida on rentals, commencing upon substantial completion of the Premises and issuance of the certificate of occupancy therefor. Said monthly sum is based upon an agreed annual base rental rate of $13.11 per square foot of rentable space and an agreed 38,644 --- square feet of rentable space determined from the Building Plans, as modified herein. The parties recognize and agree that any Additional Improvements which may be approved and constructed by Landlord may increase the rentable space, and that the rental hereunder shall be adjusted according to the rental rate in effect at the time such Additional Improvements are turned over to Tenant. The rentable space which shall be used for purposes of calculating the base rental for any of any Additional Improvements hereunder shall be calculated and certified by Tenant's architect and presented to Landlord for its verification and approval prior to construction thereof. Landlord's approval of said plans for any Additional Improvements and calculation of additional rentable space shall be rendered in its sole and absolute discretion. If Tenant shall commence occupancy of the Premises on a day other than the first day of a calendar month, then the base rental for such month shall be prorated by dividing same by the number of days in said month and multiplying by the number of days remaining in said month and adding any tax imposed by the State of Florida on rentals. In such case, Tenant shall pay such prorated base rental and the base rental payment for the following month, together with applicable sales tax thereon, prior to taking occupancy, and such amount shall constitute Tenant's first monthly base rental payment. All monthly base rental payments shall be payable in advance, without prior demand or any abatementand, deduction or set-offother than as aforesaid, in monthly installments shall be made on the first day of each and every month during the Termterm of this lease. If the Lease Term commences on any day of a month except for All such payments shall be made at: X/X Xxxx X. Xxxxx, Esq., Xxxxxx & Xxxxx, P.A., 22 ------------------------------------------------- Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000 or such other address as Landlord ------------------------------------------- shall hereafter designate in writing. A deposit toward the first day, TENANT shall pay LANDLORD Base Rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement month); monthly base rental payment and the first month's rent monthly common area maintenance charge set forth in Paragraph 5 herein shall be paid by TENANT, if any, Tenant to Landlord in the amount of $53,489.74 upon execution the signing of this Lease shall apply and be credited to the next full month's rent due hereundertogether with applicable sales tax thereon. Base Rental for any partial month of occupancy at the end Landlord acknowledges receipt of the Term of this Lease shall be prorated, such proration to be based on the actual number of days aforementioned prepayment together with applicable sales tax in the partial month. Rent is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities (other than water and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the space leased hereunder or upon the total amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within ten (10) days after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default under this Lease. The provisions herein for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended to reimburse LANDLORD for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional rent57,234.02.

Appears in 1 contract

Samples: Speedcom Wireless Corp

Base Rental. TENANT agrees Subject to adjustments in accordance with Article 7 below, from and after the Rental Commencement Date Tenant shall pay LANDLORD to Landlord a base annual rental (herein called “Base Rental”) equal to the Base Rental Rate set forth in advanceArticle 16) above multiplied by the Rentable Floor Area of Demised Premises set forth in Article l (g) above; provided, without prior demand or any abatementhowever, deduction or set-offas a rental concession granted by Landlord in order .to accommodate Tenant’s orderly growth in the Demised Premises, in monthly installments solely with respect to 50,797 square feet of Rentable Floor Area of the Demised Premises, Tenant shall pay Base Rental calculated at the annual rate of $[**] per square foot (instead of the annual rate of $[**] per square foot) for the period commencing on the first day Rental Commencement Date and continuing until the date which is nine (9) months after the Rental Commencement Date (the “Inducement Period”). The location of each and every month during such 50,797 square feet of Rentable Floor Area of the Term. If the Lease Term commences on any day of a month except for the first day, TENANT Demised Premises shall pay LANDLORD Base Rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days designated by Tenant in the commencement month); and the first month's rent paid by TENANT, if any, upon execution of this Lease shall apply and be credited writing prior to the next full month's rent due hereunderRental Commencement Date and may be comprised of two or more separate, non-contiguous areas of the Demised Premises. Such reduction in Base Rental for the Inducement’ Period shall be applicable only if Tenant does not commence to occupy such 50,797 square feet of Rentable Floor Area for business operations during the Inducement Period, and in the event that Tenant does occupy any partial month portion of occupancy such 50,797 square feet of Rentable Floor Area for business operations during the Inducement Period, then full Base Rental (calculated at the end annual rate of $[**] per square foot) shall commence only with respect to the portion of such space occupied for business operations as and when such space is so occupied. The aforesaid reduction in Base Rental for the Inducement Period shall be effective only if no monetary or material event of default by Tenant shall occur prior to or during the Inducement Period, and if any such monetary or material event of default shall occur prior to or during the Inducement Period, all Base Rental which would have become due and payable by Tenant to Landlord but for the reduction in Base Rental set forth in the foregoing proviso shall become immediately due and payable by Tenant to Landlord, and the aforesaid reduction in Base Rental shall be inapplicable for the remaining portion of the Term Inducement Period. As an example to illustrate the calculation of this Lease monthly Base Rental during the Inducement Period, assuming that Tenant does not commence to occupy any portion of such 50,797 square feet of Rentable Floor Area for business operations during the Inducement Period and that no monetary or material event of default by Tenant shall occur prior to or during the Inducement Period, the monthly Base Rental during the Inducement Period shall be prorated, such proration to be based on the actual number of days in the partial month. Rent is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities (other than water and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the space leased hereunder or upon the amount of rentals collected therefor$[**] calculated as follows: (60,000 SF x $[**] - 12) + (50,797 SF x [**] ÷ 12) = $[**]. However, nothing herein shall be taken to require TENANT to pay any part [**] The asterisks denote that confidential portions of any federal this exhibit have been omitted in reliance on Rule 24b-2 of the Securities and state taxes on income imposed upon LANDLORDExchange Act of 1934. If TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within ten (10) days after its due date, such unpaid amounts shall bear interest from the due date thereof The confidential portions have been submitted separately to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative Securities and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default under this Lease. The provisions herein for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended to reimburse LANDLORD for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional rentExchange Commission.

Appears in 1 contract

Samples: Lease Agreement (Internap Network Services Corp)

Base Rental. TENANT Tenant agrees to pay LANDLORD the Base Rental in advance, without prior demand or any abatement, deduction or set-off, in monthly installments to Landlord for each year during the Lease Term as herein provided. Base Rental for the first month of the Lease Term shall be due and payable on the first day Commencement Date of this Lease, and Base Rental for each and every month during the TermLease Term shall be due and payable in advance on the first day of the month. If the Lease Term commences on any Commencement Date is a day other than the first day of a calendar month except for the first day, TENANT shall pay LANDLORD Base Rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days or in the commencement month); and the first month's rent paid by TENANT, if any, upon execution of event this Lease shall apply and be credited to terminates on such other than the next full last day of a calendar month's rent due hereunder. , then Base Rental for any partial each month of occupancy at the end of the Term of this Lease or months shall be prorated, such proration prorated and the installment or installments so prorated shall be paid in advance. In the event that Tenant fails to be based on the actual number make any payment of days in the partial month. Rent is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service Base Rental or any utilities (other than water and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service amount payable to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the space leased Landlord hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within ten (10) days after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after the date such payment becomes due and payable, after five (5) days prior notice to Tenant a late charge in an amount of $45.00 shall also become due and payable to Landlord by Tenant, such late charge being notified for Landlord’s administrative and other costs and is in addition to and cumulative with any other rights and remedies which Landlord may have hereunder with regard to the failure of Tenant to make any payment of Base Rental or any other sum due hereunder. Section 2.4. Tenant’s Proportionate Share of Operating Costs. Commencing [ * ], in addition to the returned check payment of Base Rental, Tenant shall constitute pay to Landlord Tenant’s Proportionate Share of Operating Costs (as defined in Article VIII of this lease and subject to the base year considerations noted in Exhibit E of this Lease) in accordance with the following provisions: (a) Tenant shall pay to Landlord, either (i) in the form of a default under lump sum payment due and payable in arrears upon five (5) days of demand by Landlord or (ii) in monthly installments of 1/12th each on a monthly basis contemporaneously with the payment of Base Rental, as Landlord may from time to time elect, an amount reasonably estimated by Landlord to be Tenant’s Proportionate Share of all Operating Costs for each calendar year or portion thereof during the term of this Lease. The provisions herein [ * ] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended to reimburse LANDLORD for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional rentconfidential treatment.

Appears in 1 contract

Samples: Office Lease Agreement

Base Rental. TENANT Lessee agrees to pay LANDLORD the Base Rental in advanceto Lessor, or to such other person or entity as Lessor may from time-to-time direct, without prior demand or any abatementdemand, deduction or deduction, set-offoff or abatement at such place as Lessor, by notice in writing to Lessee from time to time may direct, at the following rates and times: See Schedule I Attached Hereto Base Annual Rental monthly in advance in equal monthly installments (i.e. Base Monthly Rental) on the first day of each calendar month of the Lease Term. One-thirtieth (1/30th) of each monthly payment shall be due and every payable for each day of any portion of a month less than a full month, and shall be payable on the first day of such partial month. The monthly rental for the month or portion thereof prior to the Commencement Date beginning from the date of the full execution hereof shall be one-thirtieth (1/30th) of the Base Monthly Rental times the number of days remaining in the month. The Base Monthly Rental for any period less than a full Lease Year following the fourteenth annual anniversary of the commencement date shall be the same as the Base Monthly Rental assessed in the fourteenth Lease Year. If requested by Lessor, Lessee shall establish arrangements whereby each payment of Base Monthly Rental is transferred by wire or other means of transfer directly to Lessor's account as designated from time-to-time by Lessor on or before the first business day of each month during the Lease Term. If the Lease Term commences on any day of At Landlord's request Tenant shall provide Landlord with a month except for the first day, TENANT shall pay LANDLORD Base Rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement month); and the first month's rent paid by TENANT, if any, upon execution of this Lease shall apply and be credited to the next full month's rent due hereunder. Base Rental for any partial month of occupancy at the end of the Term of this Lease shall be prorated, such proration to be based on the actual number of days in the partial month. Rent is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities (other than water and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the space leased hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within ten (10) days after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default under this Lease. The provisions herein for the single payment of Monthly Rental due hereunder aggregated with those due under the Late or Returned Check Charge shall not be construed to represent interest but are intended to reimburse LANDLORD for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. InterestCounterpart Leases, Late Charges and Returned Check Charges are considered additional rentas hereinafter defined.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Argo Bancorp Inc /De/)

Base Rental. TENANT Tenant agrees to pay LANDLORD the Base Rental in advanceto Landlord during the Lease Term, without prior demand or any abatementsetoff, deduction or set-offcounterclaim whatsoever, together with all such other sums of money as shall become due hereunder as additional rent (all of which are sometimes herein collectively called "Rent"). Except as otherwise provided herein, the annual Base Rental for each calendar year or portion thereof during the Lease Term shall be due and payable in monthly advance in twelve (12) equal installments on the first day of each and every calendar month during the Lease Term, and Tenant hereby agrees to pay such Base Rental and any adjustments thereto to Landlord at P.O. Xxx 000000, Xxxxxxx, Xxxxxxx 00000-0000 (xx such other address as may be designated by Landlord in writing from time to time) monthly, in advance, and without demand. Any sum due from Tenant to Landlord which is not paid when due shall bear interest from the date due until the date paid at the annual rate of four percent (4%) above the prime rate as announced from tune to time by The Wall Street Journal but in no event in excess of the maximum rate permitted by law (the "Default Rate"). If the Lease Term commences on any a day other than the first day of a month except for or terminates on a day other than the first daylast day of a month, TENANT shall pay LANDLORD then the installments of Base Rental as provided for herein and adjustments thereto and any additional rent for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement month); and the first month's rent paid by TENANT, if any, upon execution of this Lease shall apply and be credited to the next full month's rent due hereunder. Base Rental for any partial month of occupancy at the end of the Term of this Lease or months shall be prorated, such proration to be based on the actual number of days in the partial such month. Tenant shall pay Landlord a late charge for any Rent payment which is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities (other paid more than water and sewer) which serve the Premises or accommodate the use of the Premises by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the space leased hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within ten TEN (10) days after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents percent (5(cent)5%) per each dollar so overdue. In addition theretoof such payment; PROVIDED THAT SUCH LATE CHARGE SHALL NOT BE IMPOSED UNTIL THE FOURTH (4TH) SUCH LATE PAYMENT EACH LEASE YEAR, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank chargesAND FOR EACH SUBSEQUENT LATE PAYMENT DURING THE SAME LEASE YEAR. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified Base Rental due for the first mouth of the returned check shall constitute a default under this Lease. The provisions herein for the payment of the Late or Returned Check Charge shall not be construed to represent interest but are intended to reimburse Lease Term SHALL BE PAID TO LANDLORD for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional rentON THE COMMENCEMENT DATE.

Appears in 1 contract

Samples: Office Lease Agreement (Triton Network Systems Inc)

Base Rental. TENANT Tenant agrees and promises to pay LANDLORD to Landlord at Landlord's offices in the Building (or at such other place as Landlord may designate from time to time), in lawful money of the United States of America, the Base Rental set forth in advanceSection 1.4 hereof. Notwithstanding anything to the contrary contained herein, without prior demand or any abatementprovided no uncured event of default by Tenant exists under this Lease, deduction or set-offLandlord agrees to axxxx the Base Rental due for a period of six (6) months after the Commencement Date; provided, however that in no event shall such abatement of Base Rental extend beyond March 31, 2017 regardless of whether the Commencement Date occurs after October 1, 2016. The monthly installments of Base Rental will be due and payable in advance on the first day of each and every calendar month during the TermTerm without notice or demand and without any offset or deduction whatsoever. If Should the Lease Term commences commence on any a day other than the first day of a calendar month except or terminate on a day other than the last day of a calendar month, Base Rental for any such partial month will be prorated on a daily basis. Base Rental for the first day, TENANT shall pay LANDLORD Base Rental as provided for herein for such commencement month on a prorated basis (such proration to be based on the actual number days in the commencement partial month); and the first month's rent paid by TENANT, if any, upon execution of this Lease shall apply and will be credited to payable on Commencement Date notwithstanding the next full month's rent due hereunder. Base Rental for any partial month of occupancy at the end of the Term of this Lease shall be prorated, such proration to be based on the actual number of days in the partial month. Rent is payable at LANDLORD's office at 2860 Pershing Street, Hollywood, Florida 33020 unless LANDLORD notifxxx XXXXXX xxxxxxxxx. Xxx Xxxx Xxxxxl does not include electricity, telephone service or any utilities (other than water and sewer) which serve the Premises or accommodate the use of the Premises receipt by TENANT. Telephone service, janitorial service to the Leased Premises and interior maintenance shall be the TENANT's separate responsibility. In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the privilege of renting the space leased hereunder or upon the amount of rentals collected therefor. However, nothing herein shall be taken to require TENANT to pay any part Landlord of any federal and state taxes on income imposed upon LANDLORD. If TENANT shall fail to pay any installment of Base Rental, or any item of additional prepaid rent within ten (10) days after its due date, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a rate which shall be eighteen percent (18%) per annum, or the maximum rate permitted by applicable usury laws if such rate is different from eighteen (18%) percent per annum. In addition thereto, if TENANT shall fail to pay any installment of Base Rental, or any item of additional rent within five (5) days of written notice from LANDLORD of non-payment, then TENANT shall also pay to LANDLORD a late payment service charge ("Late Charge") contributing to administrative and overhead expenses equal to five cents (5(cent)) per each dollar so overdue. In addition thereto, if any check tendered by TENANT to LANDLORD is returned unpaid for any reason, then TENANT shall also pay to LANDLORD a Returned Check Charge of $50.00 contributing to administrative and overhead expenses and bank charges. The failure of TENANT to pay such Returned Check Charge within five (5) days after being notified of the returned check shall constitute a default under this Lease. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of Base Rental or other amount due from Tenant will be deemed to be other than a payment on account, nor will any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other remedy provided by this Lease or by applicable law. The provisions herein for acceptance by Landlord of rental payment(s) on a date after the payment due date of the Late or Returned Check Charge shall such payment(s) will not be construed to represent interest but are intended be a waiver of Landlord's right to reimburse LANDLORD declare a default for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by TENANT hereunder or to relieve TENANT of its obligation to pay all such sums at the time or time herein stipulated. Interest, Late Charges and Returned Check Charges are considered additional renta subsequent late payment.

Appears in 1 contract

Samples: Office Lease Agreement (Jamba, Inc.)

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