Common use of Monthly Base Rent Clause in Contracts

Monthly Base Rent. During the Term, the annual base rent for the Leased Premises (the “Leased Premises Rent”) shall be $38,763,891.38; provided, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder of the Term (together with all installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”), with the rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to them. In the event the Commencement Date should fall on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the Term.

Appears in 2 contracts

Samples: Cooperative Endeavor Agreement, Master Hospital Lease Agreement

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Monthly Base Rent. During Until the later of (i) the New Commencement Date or (ii) the date on which Tenant vacates and surrenders the Original Premises (or Substitution Space, if applicable), Tenant shall continue to pay monthly installments of Base Rent for the Original Premises in the amount of Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($8,750.00) per month. Notwithstanding anything in the Lease to the contrary, effective as of the New Commencement Date and continuing for the duration of the New Term, the annual base rent Tenant shall pay monthly installments of Base Rent for the Leased New Premises to Landlord in accordance with the following schedule: Months Monthly Installments of Base Rent 1 — 12* $ 8,749.05 ** 13 — 24 $ 9,009.66 25 — 27 $ 9,270.27 *Including any partial month at the beginning of the New Term. **Notwithstanding the schedule above, provided Tenant is not in monetary or material non-monetary default under the Amended Lease beyond any applicable notice and cure period, Landlord hereby agrees to xxxxx Tenant’s obligation to pay the monthly installments of Base Rent for the New Premises for the first three (3) months following the New Commencement Date (the “Leased Premises RentAbatement Period”) shall (the total amount of such abated Base Rent is hereafter referred to as the “Abated Amount”). During the Abatement Period, Tenant will still be $38,763,891.38; provided, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable responsible for the remainder payment of all other monetary obligations under the Term (together Amended Lease with all installments thereof as provided in this Article II) equitably adjusted respect to account the New Premises including, without limitation, any operating expenses, direct taxes, and parking charges for any such change(s) in the Leased New Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion All of the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises such Base Rent shall be payable by Lessee Tenant pursuant to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”), with the rent for the first two months terms of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to them. In the event the Commencement Date should fall on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the TermAmended Lease.

Appears in 2 contracts

Samples: Lease (Adamas Pharmaceuticals Inc), Lease (Adamas Pharmaceuticals Inc)

Monthly Base Rent. During the Term, the annual base rent for the Leased Premises (the “Leased Premises Rent”) shall be $38,763,891.38; provided, however, that during first year of the Term, Lessee may seek shall pay to have certain portions Lessor a monthly base rental of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 thirteen thousand one hundred and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder seventy eight dollars ($13,178.00). On each anniversary of the Commencement Date, the monthly base rental shall be increased by 3.0%. The monthly base rental due hereunder shall be payable to Lessor by the first day of each month during the Term (together with all installments thereof at the address stated herein or to such other persons or at such other places as Lessor may designate in writing and shall be paid in lawful money of the United States of America. All Please Initial: Lessor ¨ Lessee ¨ rent shall be payable to Lessor’s bank account by regular electronic deposit, without prior demand or notice and without deduction or set off for counterclaim. The Lessee further agrees to pay Lessor, in addition to the rent as provided herein, all privilege, sales, excise, rental and other taxes (except income taxes) imposed now or hereinafter imposed by any governmental authority upon the rentals and all other amounts herein provided to be paid by the Lessee to the Lessor. Said payment shall be in addition to and accompanying each monthly rental payment made by Lessee to Lessor. The base rental set forth in this Article II) equitably adjusted Section 4.1 is a negotiated figure and shall govern whether or not the actual gross rentable square footage of the Premises is the same as set forth in Section 12 hereof. Lessee shall have no right to account withhold, deduct or offset any amount from the base monthly rental or any other sum due hereunder even if the actual gross rentable square footage of the Premises is less than that set forth in Section 12. Rent for any such change(s) in period during the Leased Premises. Lessor and Lessee Term which is for less than one month shall negotiate in good faith as to whether the requested be a pro rata portion of the Shreveport Premises or the Monroe Premises should be removed from this Leasemonthly installment. The Leased Premises Rent term “rent” as used herein, unless otherwise specified, shall be payable by Lessee refer collectively to LSU in twelve (12) equal the monthly installments (the “Leased Premises Monthly Rent”), with the base rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall any other sums required to be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly hereunder. Rent payments shall be paid without deduction, offset, prior notice or demand, and Lessor’s acceptance of any rent payment that is for less than the entire amount then currently due during those months. The payment hereunder shall be only as an acceptance on account and shall not constitute an accord and satisfaction or a waiver by Lessor of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part balance of the Leased Premises Monthly Rent at rent due or a waiver of any time in the future on such terms and conditions as are acceptable to them. In the event the Commencement Date should fall on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day remedies available to Lessor by reason of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the TermLessee’s continuing default hereunder.

Appears in 2 contracts

Samples: HTG Molecular Diagnostics, Inc, HTG Molecular Diagnostics, Inc

Monthly Base Rent. During the Term, the annual base rent for the Leased Premises (the “Leased Premises Rent”) shall be $38,763,891.38; provided, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder of the Term (together with all installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Leased Premises. Lessor Xxxxxx and Lessee Xxxxxx shall negotiate in good faith as to whether the requested portion of the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”), with the rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee Xxxxxx and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to them. In the event the Commencement Date should fall on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the Term.

Appears in 2 contracts

Samples: Master Hospital Lease Agreement, Cooperative Endeavor Agreement

Monthly Base Rent. During Notwithstanding anything in the TermExisting Lease to the contrary, in consideration of the annual base rent for Additional TI Allowance, commencing on the Leased Premises Amendment Effective Date: (a) the monthly Base Rent shall increase by Four Hundred Ninety-Two Thousand Six Hundred Twenty-Five Dollars ($492,625.00) (the “Leased Premises Rent”) shall be $38,763,891.38; provided, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder of the Term (together with all installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Additional Base Rent”), provided that the Additional Base Rent shall be phased in during the sixteen (16) month period following the Amendment Effective Date as set forth below (such sixteen month period, the “Additional Base Rent Adjustment Period”); (b) in lieu of the Base Rent adjustments set forth in Section 6.5 of the Existing Lease, the Additional Base Rent shall be subject to an annual upward adjustment of two and three-quarters percent (2.75%) of the then-current Additional Base Rent, with the rent first such adjustment to become effective commencing on the first anniversary of the Amendment Effective Date, and subsequent adjustments to become effective on every successive annual anniversary of the Amendment Effective Date for so long as the Lease continues in effect; and (c) the Base Rent under the Existing Lease shall be adjusted to the same rental rate as the Additional Base Rent for the first two months last five (5) years of the Initial Term being due and payable in accordance with this Amendment, subject to the adjustments set forth in the Lease, including the Base Rent adjustments set forth in Section 6.5 of the Existing Lease on November 1each anniversary of the Commencement Date. For illustrative purposes, 2013the chart below sets forth the incremental increases to Base Rent to account for the Additional Base Rent, subject to adjustment pursuant to this Section 7, to be phased in during the Additional Base Rent Adjustment Period, and the remaining installments being due rent chart attached as Exhibit F to this Amendment sets forth the monthly aggregate Base Rent and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent Property Management Fee for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment Term of the Leased Premises Monthly Lease, including the adjustments to Base Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time as set forth in the future on such terms and conditions as are acceptable to themLease. In the event the Commencement Date should fall on a date other than the first day Additional Base Rent Adjustment Period: Amount of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the TermAdditional Base Rent: Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Month 13 Month 14 Month 15 Month 16 $30,789.06 $61,578.13 $92,367.19 $123,156.25 $153,945.31 $184,734.38 $215,523.44 $246,312.50 $277,101.56 $307,890.63 $338,679.69 $369,468.75 $411,264.90 $442,900.67 $474,536.43 $506,172.19 8.

Appears in 2 contracts

Samples: Lease Agreement (Goodness Growth Holdings, Inc.), Lease Agreement (Goodness Growth Holdings, Inc.)

Monthly Base Rent. During Notwithstanding anything in the TermExisting Lease to the contrary, in consideration of the annual base rent for Additional TI Allowance, commencing on the Leased Premises Amendment Effective Date: (a) the monthly Base Rent shall increase by Four Hundred Ninety-Two Thousand Six Hundred Twenty-Five Dollars ($492,625.00) (the “Leased Premises Rent”) shall be $38,763,891.38; provided, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder of the Term (together with all installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Additional Base Rent”), provided that the Additional Base Rent shall be phased in during the sixteen (16) month period following the Amendment Effective Date as set forth below (such sixteen month period, the “Additional Base Rent Adjustment Period”); (b) in lieu of the Base Rent adjustments set forth in Section 6.5 of the Existing Lease, the Additional Base Rent shall be subject to an annual upward adjustment of two and three-quarters percent (2.75%) of the then-current Additional Base Rent, with the rent first such adjustment to become effective commencing on the first anniversary of the Amendment Effective Date, and subsequent adjustments to become effective on every successive annual anniversary of the Amendment Effective Date for so long as the Lease continues in effect; and (c) the Base Rent under the Existing Lease shall be adjusted to the same rental rate as the Additional Base Rent for the first two months last five (5) years of the Initial Term being due and payable in accordance with this Amendment, subject to the adjustments set forth in the Lease, including the Base Rent adjustments set forth in Section 6.5 of the Existing Lease on November 1each anniversary of the Commencement Date. For illustrative purposes, 2013the chart below sets forth the incremental increases to Base Rent to account for the Additional Base Rent, subject to adjustment pursuant to this Section 7, to be phased in during the Additional Base Rent Adjustment Period, and the remaining installments being due rent chart attached as Exhibit F to this Amendment sets forth the monthly aggregate Base Rent and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent Property Management Fee for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment Term of the Leased Premises Monthly Lease, including the adjustments to Base Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time as set forth in the future on such terms and conditions as are acceptable to themLease. In the event the Commencement Date should fall on a date other than the first day Additional Base Rent Adjustment Period: Amount of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the Term.Additional Base Rent: Month 1 $30,789.06 Month 2 $61,578.13 Month 3 $92,367.19 Month 4 $123,156.25 Month 5 $153,945.31 Month 6 $184,734.38 Month 7 $215,523.44 Month 8 $246,312.50 Month 9 $277,101.56 Month 10 $307,890.63 Month 11 $338,679.69 Month 12 $369,468.75 Month 13 $411,264.90 Month 14 $442,900.67 Month 15 $474,536.43 Month 16 $506,172.19

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Monthly Base Rent. During The parties intend that the Term, the annual base rent for the Leased Premises (the “Leased Premises Rent”) Base Rent payable by Tenant to Landlord hereunder shall be $38,763,891.38; providedtotally net to Landlord, howeverand that Tenant shall pay all costs, that expenses and charges arising from the maintenance, use and operation of the Demised Premises during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder of the Term (together with all installments thereof other than as provided set forth elsewhere in this Article IILease. Commencing on the date (the “Rent Commencement Date”) equitably adjusted to account for that is the earlier of: (a) the date Tenant commences occupancy of any such change(s) in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Demised Premises for its intended business purpose, or (b) the Monroe Premises should be removed date that is twenty (20) weeks from this Leasethe Lease Commencement Date, Tenant shall pay, in lawful money of the United States, as minimum annual rent for the Demised Premises, the Base Rent. The Leased Premises Base Rent, which Tenant hereby agrees to pay to Landlord at Landlord’s address stated herein or as otherwise provided to Tenant from time to time upon not less than thirty (30) days prior written notice, shall be the sum of Twenty-Six and No/100 Dollars ($26.00) per square foot per annum, plus the amount determined by the computation made pursuant to the provisions of Section 3.2 hereof, which Base Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Base Rent”), with the rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively . The Monthly Base Rent shall be paid on the first (1st) day of each calendar month thereafter during the Term, without notice, demand, offset, deduction or counter-claim whatsoever except as otherwise expressly set forth in this Lease. Notwithstanding If the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to them. In the event the Commencement Date should fall of this Lease begins on a date other than the first day of a calendar month, then Tenant shall pay on the first Leased Premises Monthly Rent payment shall be prorated Commencement Date the Base Rent for the month in which the Rent Commencement Date occurs calculated on a per diem basis (based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar relevant month. In the event that the last day ) of the Term is Base Rent payable during the First Lease Year. Promptly following the Rent Commencement Date, Landlord and Tenant will execute a day other than Declaration, substantially in the last day of a calendar monthform set forth in Exhibit B attached hereto and incorporated herein, to confirm the Lease Commencement Date, the last Leased Premises Monthly Rent payment Commencement Date, the Lease Expiration Date and other matters therein contained. Failure to execute said Declaration shall be prorated based on not affect the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day commencement or expiration of the Term.

Appears in 1 contract

Samples: Office Lease (Cvent Inc)

Monthly Base Rent. During Throughout the Term, as the annual base rent same may be extended pursuant to Article 32 hereof, Tenant shall pay Monthly Base Rent to Landlord in the amount and for the Leased Premises (the “Leased Premises Rent”) shall be $38,763,891.38; provided, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 time periods described as follows and A-2 and to have the annualized Lease Premises in Article 32: Period Annual Base Rent due and payable for the remainder of the Term (together with all installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises Monthly Base Rent Months 1 — 24 $ 458,451.00 $ 38,204.25 Months 25 — 29 Months $ -0- $ -0- 30 — Expiration Date $ 458,451.00 $ 38,204.25 Monthly Base Rent shall be payable by Lessee to LSU paid in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”), with the rent for advance on or before the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each calendar month thereafter during of the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall be paid accompanied by Lessee to Lessor any applicable rent, sales, use or other tax which is based on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The the amount and/or payment of Rent payable pursuant to this Lease. If the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to them. In the event the Commencement Date should fall Term commences on a date day other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based month or ends on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises then Monthly Base Rent payment shall for such calendar month will be appropriately prorated based on the actual number of calendar days in such calendar month from and including month. If the Term commences on a day other than the first day of a calendar month, then the prorated Monthly Base Rent for such calendar month to and including will be paid on or before the last first day of the Term. Monthly Base Rent shall be paid to Landlord, without written notice or demand and without deduction or offset, as an independent covenant of Tenant, in lawful money of the United States of America at Landlord’s address set forth in Article 1.1 herein or to such other address as Landlord may from time to time designate in writing. All Rent shall be payable by Tenant to Landlord at the office of Landlord or at such other place as Landlord may designate from time to time, in lawful money of the United States of America, without offset, abatement, counterclaim or deduction, except as specifically set forth herein. All Rent shall be paid by either good and sufficient check or a wire transfer of immediately available funds to Landlord’s account, which account information will be given to Tenant promptly upon Tenant’s request. If Tenant fails to pay any Rent more than three (3) business days after such Rent is due, the unpaid amounts will be subject to a late payment charge equal to greater of (i) five percent (5%) of the unpaid amounts or (ii) Two Hundred Fifty Dollars ($250.00). This late payment charge is intended to compensate Landlord for its additional administrative costs resulting from Tenant’s failure, and has been agreed upon by Landlord and Tenant as a reasonable estimate of the additional administrative costs that will be incurred by Landlord as a result of Tenant’s failure. The actual cost in each instance is extremely difficult, if not impossible, to determine. This late payment charge will be paid to Landlord together with such unpaid amounts and interest pursuant to Article 33.32, below. The payment of this late payment charge will not constitute a waiver by Landlord of any Event of Default by Tenant under this Lease. Any payments of any kind returned for insufficient funds will be subject to an additional charge of $60.00.

Appears in 1 contract

Samples: Office Lease (Acucela Inc)

Monthly Base Rent. During the Term, the annual base rent for the Leased Premises (the “Leased Premises Rent”) shall be $38,763,891.38; provided, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder Commencing as of the Commencement Date and continuing throughout the Term (together with all installments thereof as provided in this Article II) equitably adjusted of the Lease, Tenant shall pay to account for any such change(s) Landlord the Monthly Base Rent set forth in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Premises Basic Lease Information, without prior notice or the Monroe Premises should be removed from this Lease. The Leased Premises Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”)demand, with the rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each and every calendar month thereafter occurring during the Term. Notwithstanding the foregoing, in no event shall Tenant have an obligation to pay Monthly Base Rent or Additional Rent prior to the Leased Premises first day of the tenth (10th) month following the Lease Date. Tenant shall pay Monthly Base Rent and Landlord's estimate of Additional Rent for one (1) month upon execution of this Lease, with such amounts to be credited to the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment first full calendar month of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on Term following the first (1st) day of each calendar month thereafter during the TermCommencement Date. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to them. In the event If the Commencement Date should fall occurs on a date any day other than the first day of a the calendar month, the first Leased Premises Monthly Base Rent payment and Additional Rent for such partial month shall be prorated based on the actual number of days in such calendar month from and including shall be paid on the Commencement Date Date, and the advance rental paid at execution shall be credited to and including the last day of such following calendar month. In Concurrently with the event that Premises Delivery Date defined below. Landlord shall provide Tenant with the last day final square footage of the Term is a day Premises, as certified by Landlord's architect. The Base Rent and all other than sums under this Lease which are calculated by the last day square footage of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day adjusted accordingly. Such square footage of the Term.Premises shall be as determined in accordance with BOMA 2010 Standards (Office Buildings; Standard Materials and Measurements (ANSI/BOMA 265.1-2010)) approved by American National Standards Institute, Inc. ("BOMA Standards") and in accordance with the definition of "Rentable Area" contained in said standards. The square footage of the Premises shall be determined by Landlord's architect upon substantial completion of the Landlord's Work and Landlord shall provide Tenant with the architect's determination. Tenant shall notify Landlord if it agrees or disagrees with the determination of the square footage so provided by Landlord within fifteen (15) days after 3 XXX,n225501828.8

Appears in 1 contract

Samples: Sublease (eHealth, Inc.)

Monthly Base Rent. During the Term, the annual base rent Tenant shall pay to Landlord as Monthly Base Rent ----------------- for the Leased Premises (the “Leased Premises Rent”sum(s) shall be $38,763,891.38; provided, however, that described in Item 8 of the Basic Lease Provisions and as set forth on Exhibit B to this Lease during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 entire Term and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder of the Term (together with all installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Premises or the Monroe Premises should be removed from this Lease---------- Extended Term(s). The Leased Premises Monthly Base Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”), with the rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively advance on the first (1st) day of each calendar month, without deduction, setoff, abatement, prior notice or demand, commencing on the Commencement Date and continuing for each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment Term of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee Lease and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to themExtended Term(s), if applicable. In the event the Commencement Date should fall Term of this Lease commences or ends on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the first or last day of a calendar month, then the last Leased Premises Monthly Base Rent payment for such partial month shall be prorated based on in the actual proportion that the number of days this Lease is in effect during such partial month bears to the number of days in that calendar month, and such Monthly Base Rent shall be paid at the commencement of such partial month. Monthly Base Rent shall be payable in lawful money of the United States at the address of Landlord set forth in Item 5 of the Basic Lease Provisions or at such other address as may be designated by Landlord in writing pursuant to Article 23 below. Notwithstanding any other term of this Lease to the contrary, a prepayment of Monthly Base Rent in the amount set forth in Item 9 of the Basic Lease Provisions shall be made by Tenant upon execution of this Lease and shall be applied to the Monthly Base Rent for the second (2nd) full calendar month from and including the first day of such calendar month to and including the last day of the Term. Landlord hereby acknowledges receipt of such prepaid rent from Tenant.

Appears in 1 contract

Samples: Office Lease (Chemdex Corp)

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Monthly Base Rent. During the Term, the annual base rent Tenant shall pay to Landlord as Monthly Base Rent ----------------- for the Leased Premises (the “Leased Premises Rent”sum(s) shall be $38,763,891.38; provided, however, that described in Item 8 of the Basic Lease Provisions and as set forth on Exhibit B to this Lease during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 entire Term and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder of the Term (together with all installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Premises or the Monroe Premises should be removed from this Lease--------- Extended Term(s). The Leased Premises Monthly Base Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”), with the rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively advance on the first (1st) day of each calendar month, without deduction, setoff, abatement, prior notice or demand, commencing on the Commencement Date and continuing for each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment Term of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee Lease and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to themExtended Term(s), if applicable. In the event the Commencement Date should fall Term of this Lease commences or ends on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the first or last day of a calendar month, then the last Leased Premises Monthly Base Rent payment for such partial month shall be prorated based on in the actual proportion that the number of days this Lease is in effect during such partial month bears to the number of days in that calendar month, and such Monthly Base Rent shall be paid at the commencement of such partial month. Monthly Base Rent shall be payable in lawful money of the United States at the address of Landlord set forth in Item 5 of the Basic Lease Provisions or at such other address as may be designated by Landlord in writing pursuant to Article 23 below. Notwithstanding any other term of this Lease to the contrary, a prepayment of Monthly Base Rent in the amount set forth in Item 9 of the Basic Lease Provisions shall be made by Tenant upon execution of this Lease and shall be applied to the Monthly Base Rent for the second (2nd) full calendar month from and including the first day of such calendar month to and including the last day of the Term. Landlord hereby acknowledges receipt of such prepaid rent from Tenant.

Appears in 1 contract

Samples: Office Lease (Chemdex Corp)

Monthly Base Rent. During the Term, the annual base rent for the Leased Premises (the “Leased Premises Rent”) shall be $38,763,891.38; provided, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder Commencing as of the Commencement Date and continuing throughout the Term (together with all installments thereof as provided in this Article II) equitably adjusted of the Lease, Tenant shall pay to account for any such change(s) Landlord the Monthly Base Rent set forth in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Premises Basic Lease Information, without prior notice or the Monroe Premises should be removed from this Lease. The Leased Premises Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”)demand, with the rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each and every calendar month thereafter occurring during the Term. Notwithstanding the foregoing, in no event shall Tenant have an obligation to pay Monthly Base Rent or Additional Rent prior to the Leased Premises first day of the tenth (10th) month following the Lease Date. Tenant shall pay Monthly Base Rent and Landlord’s estimate of Additional Rent for one (1) month upon execution of this Lease, with such amounts to be credited to the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment first full calendar month of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on Term following the first (1st) day of each calendar month thereafter during the TermCommencement Date. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to them. In the event If the Commencement Date should fall occurs on a date any day other than the first day of a the calendar month, the first Leased Premises Monthly Base Rent payment and Additional Rent for such partial month shall be prorated based on the actual number of days in such calendar month from and including shall be paid on the Commencement Date Date, and the advance rental paid at execution shall be credited to and including the last day of such following calendar month. In Concurrently with the event that Premises Delivery Date defined below, Landlord shall provide Tenant with the last day final square footage of the Term is a Premises, as certified by Landlord’s architect. The Base Rent and all other sums under this Lease which are calculated by the square footage of the Premises shall be adjusted accordingly. Such square footage of the Premises shall be as determined in accordance with BOMA 2010 Standards (Office Buildings: Standard Materials and Measurements (ANSI/BOMA 265.1-2010)) approved by American National Standards Institute, Inc. (“BOMA Standards”) and in accordance with the definition of “Rentable Area” contained in said standards. The square footage of the Premises shall be determined by Landlord’s architect upon substantial completion of the Landlord’s Work and Landlord shall provide Tenant with the architect’s determination. Tenant shall notify Landlord if it agrees or disagrees with the determination of the square footage so provided by Landlord within fifteen (15) days after receipt of such information. If Tenant notifies Landlord of its disagreement within said fifteen (15) day other than the last day of a calendar monthperiod, the last Leased Premises Monthly Rent payment parties shall, within ten (10) days thereafter, select a certified architect that has not performed services for Landlord or Tenant within the past two (2) years who shall be prorated based on conclusively determine the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day square footage of the TermPremises.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

Monthly Base Rent. During the Term, the annual base rent Tenant shall pay Monthly Base Rent for the Leased Premises (the “Leased Premises Rent”) shall be $38,763,891.38; provided, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder each month of the Extended Term (together as follows: EXTENDED TERM MONTHLY BASE RENT 02/01/2018 – 01/31/2019 $65,573.00 02/01/2019 – 01/31/2020 $67,540.00 02/01/2020 – 01/31/2021 $69,566.00 02/01/2021 – 01/31/2022 $71,653.00 02/01/2022 – 01/31/2023 $73,803.00 02/01/2023 – 01/31/2024 $76,017.00 02/01/2024 – 01/31/2025 $78,298.00 02/01/2025 – 05/31/2025 $80,647.00 The Amended Lease is a triple net lease, and Tenant is obligated to pay Monthly Base Rent in full, as and when due pursuant to the Amended Lease, in addition to, and not in lieu of, Tenant’s obligations under the Amended Lease to pay Operating Expenses, Real Property Taxes, utilities, janitorial services, additional rents, costs and other amounts pursuant to the Amended Lease, all in accordance with all installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion terms of the Shreveport Premises or the Monroe Premises should be removed from this Amended Lease. The Leased Premises Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”), with the rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding Without limiting the foregoing, Tenant shall continue to be responsible for all utilities and janitorial services with respect to the Leased Premises Premises. Provided the Amended Lease is not terminated due to Tenant being in material default under the Amended Lease beyond applicable cure periods, Landlord agrees to xxxxx Tenant’s obligation to pay the Monthly Base Rent due for the months of JulyMarch 2018, August February 2019, February 2020, and September, 2014 shall February 2021 (the “Abatement Month(s)”) (the total amount of abated Monthly Base Rent being hereinafter collectively referred to as the “Abated Amount”). Tenant will still be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment of responsible for the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part other monetary obligations due under the Amended Lease during such Abatement Months including, without limitation, Tenant’s Percentage Share of Operating Expenses and Real Property Taxes. Tenant acknowledges that any material default by Tenant under the Leased Premises Monthly Rent Amended Lease will cause Landlord to incur costs not contemplated hereunder, the exact amount of such costs being extremely difficult and impracticable to ascertain. Therefore, should Landlord at any time during the Extended Term terminate the Amended Lease as a result of a material default by Tenant, then, in addition to all of Landlord’s other rights and remedies (including, without limitation, the right to recover damages), to the extent permissible under applicable law the total unamortized sum of such Abated Amount (amortized on a straight line basis over the Extended Term) so conditionally excused shall become immediately due and payable by Tenant to Landlord. Nothing herein is intended to limit any other rights or remedies available to Landlord under the Amended Lease or at law or in equity (including, without limitation, the remedies under California Civil Code Section 1951.2 and/or 1951.4 and any successor statutes or similar laws) in the future on such terms and conditions as are acceptable to them. In event Tenant materially defaults under the event the Commencement Date should fall on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the TermAmended Lease.

Appears in 1 contract

Samples: REVA Medical, Inc.

Monthly Base Rent. During Notwithstanding anything in the TermExisting Lease to the contrary, in consideration of the annual base rent for Additional TI Allowance, commencing on the Leased Premises Amendment Effective Date: (a) the monthly Base Rent shall increase by Four Hundred Ninety-Two Thousand Six Hundred Twenty-Five Dollars ($492,625.00) (the “Leased Premises Rent”) shall be $38,763,891.38; provided, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder of the Term (together with all installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Additional Base Rent”), provided that the Additional Base Rent shall be phased in during the sixteen (16) month period following the Amendment Effective Date as set forth below (such sixteen month period, the “Additional Base Rent Adjustment Period”); (b) in lieu of the Base Rent adjustments set forth in Section 6.5 of the Existing Lease, the Additional Base Rent shall be subject to an annual upward adjustment of two and three-quarters percent (2.75%) of the then-current Additional Base Rent, with the rent first such adjustment to become effective commencing on the first anniversary of the Amendment Effective Date, and subsequent adjustments to become effective on every successive annual anniversary of the Amendment Effective Date for so long as the Lease continues in effect; and (c) the Base Rent under the Existing Lease shall be adjusted for the first two months last five (5) years of the Initial Term being due and payable in accordance with this Amendment, subject to the adjustments set forth in the Lease, including the Base Rent adjustments set forth in Section 6.5 of the Existing Lease on November 1each anniversary of the Commencement Date. For illustrative purposes, 2013the chart below sets forth the incremental increases to Base Rent to account for the Additional Base Rent, subject to adjustment pursuant to this Section 7, to be phased in during the Additional Base Rent Adjustment Period, and the remaining installments being due rent chart attached as Exhibit F to this Amendment sets forth the monthly aggregate Base Rent and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent Property Management Fee for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment Term of the Leased Premises Monthly Lease, including the adjustments to Base Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time as set forth in the future on such terms and conditions as are acceptable to them. In the event the Commencement Date should fall on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the TermLease.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions

Monthly Base Rent. During Throughout the Term, as the annual base rent same may be extended pursuant to Article 32 hereof, Tenant shall pay Monthly Base Rent to Landlord in the amount and for the Leased Premises (the “Leased Premises Rent”) shall be $38,763,891.38; providedtime periods described as follows: Period Annual Base Rent Monthly Base Rent Months 1 to 2 [***] [***] Months 3 to 12 [***] [***] Months 13 to 24 [***] [***] Months 25 to 36 [***] [***] Months 37 to 48 [***] [***] Months 48 to 60 [***] [***] Months 61 to December 31, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder of the Term (together with all installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises 2016 [***] [***] Monthly Base Rent shall be payable by Lessee to LSU paid in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”), with the rent for advance on or before the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each calendar month thereafter during of the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall be paid accompanied by Lessee to Lessor any applicable rent, sales, use or other tax which is based on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The the amount and/or payment of Rent payable pursuant to this Lease. If the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to them. In the event the Commencement Date should fall Term commences on a date day other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based month or ends on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises then Monthly Base Rent payment shall for such calendar month will be appropriately prorated based on the actual number of calendar days in such calendar month from and including month. If the Term commences on a day other than the first day of a calendar month, then the prorated Monthly Base Rent for such calendar month to and including will be paid on or before the last first day of the Term. Monthly Base Rent shall be paid to Landlord, without written notice or demand and without deduction or offset, as an independent covenant of Tenant, in lawful money of the United States of America at Landlord’s address set forth in Article 1.1 herein or to such other address as Landlord may from time to time designate in writing. All Rent shall be payable by Tenant to Landlord at the office of Landlord or at such other place as Landlord may designate from time to time, in lawful money of the United States of America, without offset, abatement, counterclaim or deduction, except as specifically set forth herein. All Rent shall be paid by either good and sufficient check or a wire transfer of immediately available funds to Landlord’s account, which account information will be given to Tenant prior to any requirement for a wire transfer. At Landlord’s further option, all Rent shall be paid directly to Landlord by electronic transfer of funds using the Automated Clearing House System. If Tenant fails to pay any Rent within three (3) days of when due, the unpaid amounts will be subject to a late payment charge equal to the greater of (i) [***] or (ii) [***]. This late payment charge is intended to compensate Landlord for its additional administrative costs resulting from Tenant’s failure, and has been agreed upon by Landlord and Tenant as a reasonable estimate of the additional administrative costs that will be incurred by Landlord as a result of Tenant’s failure. The actual cost in each instance is extremely difficult, if not impossible, to determine. This late payment charge will be paid to Landlord together with such unpaid amounts and interest pursuant to Article 31.32, below. The payment of this late payment charge will not constitute a waiver by [***] Denotes confidential information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Landlord of any Event of Default by Tenant under this Lease. Any payments of any kind returned for insufficient funds will be subject to an additional charge of Sixty Dollars ($60.00).

Appears in 1 contract

Samples: Office Lease (Dendreon Corp)

Monthly Base Rent. During the Term, the annual base rent for the Leased Premises (the “Leased Premises Rent”) shall be $38,763,891.38; provided, however, that during the Term, Lessee may seek to have certain portions of Shreveport Premises or the Monroe Premises removed from Exhibits A-1 and A-2 and to have the annualized Lease Premises Rent due and payable for the remainder of the Term (together with all installments thereof as provided in this Article II) equitably adjusted to account for any such change(s) in the Leased Premises. Lessor and Lessee shall negotiate in good faith as to whether the requested portion of the Shreveport Premises or the Monroe Premises should be removed from this Lease. The Leased Premises Rent shall be payable by Lessee to LSU in twelve (12) equal monthly installments (the “Leased Premises Monthly Rent”), with the rent for the first two months of the Initial Term being due and payable on November 1, 2013, and the remaining installments being due and payable, respectively on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, the Leased Premises Monthly Rent for the months of July, August and September, 2014 shall be paid by Lessee to Lessor on or before June 30, 2014 and no Leased Premises Monthly Rent payments shall be due during those months. The payment of the Leased Premises Monthly Rent shall resume on October 1, 2014 and shall continue on the first (1st) day of each calendar month thereafter during the Term. Notwithstanding the foregoing, Lessor, Lessee and the State may mutually agree in writing to the pre-payment of all or part of the Leased Premises Monthly Rent at any time in the future on such terms and conditions as are acceptable to them. In the event the Commencement Date should fall on a date other than the first day of a calendar month, the first Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the Commencement Date to and including the last day of such calendar month. In the event that the last day of the Term is a day other than the last day of a calendar month, the last Leased Premises Monthly Rent payment shall be prorated based on the actual number of days in such calendar month from and including the first day of such calendar month to and including the last day of the Term.

Appears in 1 contract

Samples: Master Hospital Lease Agreement

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