Common use of Payment of Rent Clause in Contracts

Payment of Rent. Resident agrees to pay in advance the Monthly Rent for the Home in the amount set forth in Section 1 on the first day of each and every month during the Term. The Monthly Rent is due, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]

Appears in 3 contracts

Samples: Resident Occupancy Agreement, Resident Occupancy Agreement, Resident Occupancy Agreement

AutoNDA by SimpleDocs

Payment of Rent. Resident agrees to Tenant shall pay in advance the Monthly Yearly Fixed Rent for the Home in the amount as set forth in Section 1 the Reference Data Pages by Monthly Payments in advance, without setoff, offset or deduction, commencing on the Rent Commencement Date, and thereafter continuing on the first day of each month thereafter, and every month during shall pay Additional Rent in the Termmanner set forth herein. The All rent and other payments shall be made to Landlord at Landlord’s Initial Address for Payment or at such other location and to such person as Landlord shall designate from time to time in writing. If the Rent Commencement Date and/or Term Commencement Date occurs on a day other than the first day of a month, the first Monthly Rent is due, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreementas applicable, shall be appropriately pro-rated for that month and added as Rent for the First Lease Year. Further, the Resident agrees that If Tenant shall fail to pay any sums received by the Owner installment of Yearly Fixed Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shallwithin ten (10) days after the date due, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement Landlord shall be deemed entitled to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of collect a partial payment forfeit Owner's right charge equal to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above percent of the then current Monthly Rent Paymentamount due to cover Landlord’s administrative expense in handling late payments; provided, Resident may elect to terminate this Agreement and vacate the Home prior that with respect to the effective date first such late payment in any consecutive 12-month period, no late payment shall be due if Tenant makes payment within one (1) business day after notice (which may be by telephone or e-mail) from Landlord. In addition, Tenant shall pay interest at the rate of increase by providing one (1%) percent (the Owner written notice by registered “Default Rate”) for each month or certified mail of such election any fraction thereof on any Rent not paid within fifteen ten (1510) days after the receipt date due. The sending of the notice invoices to Tenant on one or more occasions shall not require Landlord to continue that practice for Yearly Fixed Rent or on account of increaseregular monthly installments of Additional Rent. [ ]The term “Rent” as used in this Lease shall include Yearly Fixed Rent, Additional Rent and all other sums and charges payable by Tenant hereunder. Landlord Initial Tenant Initial

Appears in 2 contracts

Samples: Sublease (Chiasma, Inc), Sublease (Chiasma, Inc)

Payment of Rent. Resident agrees to pay in advance the Base Monthly Rent and Adjustments shall be due and payable, in advance, beginning on the Rent Commencement Date; provided that one (1) full installment of Base Monthly Rent and Adjustments totaling $24,825.33 is due and payable on the date of this Lease, such to be applied to the first installment of Base Monthly Rent and Adjustments due on the Rent Commencement Date and thereafter applied to Base Monthly Rent and Adjustments until fully applied. Any installment of Base Monthly Rent or Adjustments due for any fractional calendar month shall be prorated based upon the Home actual number of days in that month. If the amount set forth in Section 1 Rent Commencement Date occurs on the first day of each and every a calendar month, then the month during in which the Term. The Rent Commencement Date occurs shall be the first complete calendar month after the occurrence of the Rent Commencement Date for purposes of determining the date upon which Base Monthly Rent is dueadjusts. As used in this Lease, without deduction or demand, at RENT shall mean the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Base Monthly Rent and Additional Rent payments all other amounts provided for in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent this Lease to be immediately due paid by Tenant to Landlord, all of which shall constitute rental in consideration for this Lease and payablethe leasing of the Premises. Payment or receipt of a rental payment of less than the amount stated in this Agreement All Rent (hereinafter defined) shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect paid at the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases times and in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated provided for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder herein in legal tender of the Term. Written documentation United States of the basis upon which such increase is calculated shall be provided America to Resident Landlord at the address listed specified in Paragraph 32 hereof or to such other person or at Section 1.asuch other address as Landlord may from time to time designate in writing. If the increased Monthly Rent Payment is more than five percent shall be paid without notice, demand, abatement, deduction or offset (5%unless expressly provided for elsewhere in this Lease) above the then current Monthly and shall be a covenant of Tenant independent of any obligation of Landlord under this Lease. Tenant's obligation to pay any installment of Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date shall not be deemed satisfied until such installment of increase Rent has actually been received by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]Landlord."

Appears in 2 contracts

Samples: Commercial Lease Agreement (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)

Payment of Rent. Resident agrees Tenant shall pay all Rent to Landlord on the day(s) specified therefor, without notice, demand, deduction or offset, in lawful money of the United States of America, to the Address for Payment of Rent or at such other place as Landlord may from time-to-time designate in writing to Tenant. If Landlord so notifies Tenant in writing (and Tenant is able to reasonably comply), Rent payments shall be made by electronic money transfers in accordance with Landlord’s written directive therefor. Tenant shall be obligated to pay in advance Rent when due regardless of whether Tenant receives a statement therefor. If Fixed Minimum Rent or any item of Additional Rent increases or decreases during the Monthly Term and if the amount of such increase or decrease has not been determined as of the date such Rent for the Home is to be paid, then (a) Tenant shall continue to pay such Rent in the amount set forth in Section 1 on payable for the first day of each and every immediately preceding month during the Term. The Monthly (or other period for which such Rent is due, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion ) and the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (ib) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon within thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt date Landlord notifies Tenant of such adjusted Rent, Tenant shall pay to Landlord any additional amount owed due to such adjusted Rent or if Tenant has paid Rent in excess of the notice adjusted Rent, such excess shall be credited against the next monthly payment(s) of increaseRent until such excess has been exhausted; however, within thirty (30) days following the Refund Date, any such excess shall be refunded to Tenant. [ ]Landlord and Tenant may each use the other’s Rent Inquiry Address to communicate to the other party any inquiries relating to the calculation of the various components constituting Rent or the payment of Rent.

Appears in 2 contracts

Samples: Lease Agreement (Tradeshow Marketing Co. Ltd.), Lease Agreement (Tradeshow Marketing Co. Ltd.)

Payment of Rent. Resident agrees Tenant shall pay, without prior notice or demand, in accordance with Section 4.1 of the Summary or at such place as Landlord may from time to pay time designate in advance writing, by a check for currency which, at the Monthly Rent time of payment, is legal tender for the Home private or public debts in the amount United States of America or pursuant to wire or electronic payment instructions provided by Landlord, base rent (“Base Rent”) as set forth in Section 1 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary, in advance, on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Monthly Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is duefor a period which is shorter than one month, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order Rent for any and all sums, including Additional fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent, due . All other payments or adjustments required to be made under the terms of this Agreement. Further, the Resident agrees Lease that any sums received by the Owner or Property Manager from Resident may require proration on a time basis shall be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or prorated on the remittance proffered by the Residentsame basis. Resident shall make all Monthly Base Rent and Additional Rent payments in fullshall together be denominated “Rent”. Any failures by Resident Without limiting the foregoing, Tenant’s obligation to pay Rent shall be absolute, unconditional and independent of any Landlord covenants and shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and Tenant assumes the risk of the foregoing and waives all rent when due shallrights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, at Owneror to assert any defense in the nature of constructive eviction to any action seeking to recover rent. Tenant’s electioncovenants contained herein are independent and not dependent, cause all Annual Rent and Tenant hereby waives the benefit of any statute or judicial law to be immediately due and payablethe contrary. Payment or receipt of a rental payment of less than Notwithstanding anything to the amount stated contrary in this Agreement Lease, Tenant may at its election pay any Rent (as defined below) to Landlord by electronic transfer (including ACH), and Tenant shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect use the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases ACH information set forth in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder Section 4 of the Term. Written documentation Summary in order to effect such payments of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date using electronic transfer of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]funds through its bank.

Appears in 2 contracts

Samples: Lease (Aethlon Medical Inc), Aethlon Medical Inc

Payment of Rent. Resident agrees to shall pay in advance the Total Monthly Rent for the Home in the amount set forth in Section 1 on or before the first day of each month without demand or notice by Owner. Resident shall pay all sums under this Lease when due with no grace period and every month during the Term. The Monthly Rent is due, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to may demand payment by certified check or money order for any and all sums, including Additional Rent, sum due under this AgreementLease on the date it is due. FurtherResident may pay all amounts due under this Agreement by approved electronic fund transfers in accordance with Owner’s policies, which Owner may change. If not paid electronically, Resident shall make all payments to Owner by check, money order, cashier’s check or certified funds. If not paid electronically, Resident shall make all payments at the onsite management office, or at such other place Owner may designate in writing. If the Community has a dropbox, lockbox, or any other unattended rent drop (collectively “dropbox”) for rent payments, the dropbox is for Resident’s convenience only. Resident agrees that any payment placed into a rent dropbox is not delivered to Landlord unless Resident’s payment is in the dropbox when opened by Owner. Until any payment put in the dropbox is delivered to Owner, Resident bears the risk of loss, including by theft, of any payments put in the dropbox. The Community has no obligation to have a dropbox for the payment of rent. Upon written notice and regardless of Resident’s default, Owner may at any time require Resident to pay Owner all sums in certified funds, or in one monthly check or payment rather than in multiple checks or payments. Resident shall not pay Owner in cash. Owner shall apply on Resident’s account all monies received from Resident in Owner’s sole and absolute discretion, regardless of any notations on payments made by the Resident or when Resident’s obligation to pay such monies arose. Unless modified by law, Resident's promise and covenant to pay Rent is independent, absolute, without right to setoff, offset, or deduct by Resident, for any reason including but not limited to any alleged breach of Owner or Property Manager from Resident may be applied, at its sole discretion, Owner’s managing Agents. Regardless of whether specifically stated in part or whole, to any obligation due under provision of this Agreement, despite contrary including any Addenda, any and all rent, amounts, charges, sums, damages, or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures money owed by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in under this Agreement Lease shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances considered Rent, and Owner shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings have all remedies for a non-payment of rentany amount, despite including eviction. If Resident tenders any endorsementpayment to Owner that is less than the full amount due, stipulationOwner may accept and Owner’s acceptance shall not constitute payment under protest or an accord and satisfaction under any circumstances, regardless of any notice or endorsement to the contrary or other statement writing on any checkinstrument tendered or offered in payment. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part Any such payment shall only be deemed a partial payment “on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder account” of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]full amount due.

Appears in 2 contracts

Samples: Residential Rental Lease Agreement, Residential Rental Lease Agreement

Payment of Rent. Resident agrees Tenant shall pay all Base Rent and Additional Rent (defined below) (collectively, “Rent”) to Landlord or Landlord’s agent, without prior notice or demand or any setoff or deduction, at the place Landlord may designate from time to time. As used herein, “Additional Rent” means all amounts, other than Base Rent, that Tenant is required to pay Landlord hereunder. Monthly payments of Base Rent and monthly payments of “Direct Expenses” (defined in Section 4.1) (collectively, “Monthly Rent”) shall be paid in advance the Monthly Rent for the Home in the amount set forth in Section 1 on or before the first day of each and every calendar month during the Term. The Monthly ; provided, however, that the installment of Base Rent for the first full calendar month for which Base Rent is duepayable hereunder and the installment of Direct Expenses for the first full calendar month for which such Additional Rent is payable hereunder shall be paid upon Tenant’s execution and delivery hereof. Except as otherwise provided herein, without deduction all other items of Additional Rent shall be paid within 30 days after Landlord’s request for payment. Rent for any partial calendar month shall be prorated based on the actual number of days in such month. Without limiting Landlord’s other rights or demandremedies, (a) if any installment of Rent is not received by Landlord or its designee within five (5) business days after its due date, Tenant shall pay Landlord a late charge equal to 5% of the overdue amount (provided, however, that such late charge shall not apply to the first such late installment of Rent in any calendar year unless such installment is not received within five (5) business days after notice from Landlord); and (b) any Rent that is not paid within 10 days after its due date shall bear interest, from its due date until paid, at the Property Managerlesser of 12% per annum or the highest rate permitted by Law (defined in Section 5). Tenant’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident covenant to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term independent of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]every other covenant herein.

Appears in 2 contracts

Samples: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)

Payment of Rent. Resident agrees Tenant shall pay, without prior notice or demand, in accordance with Section 4.1 of the Summary or at such place as Landlord may from time to pay time designate in advance writing, by a check for currency which, at the Monthly Rent time of payment, is legal tender for the Home private or public debts in the amount United States of America or pursuant to wire or electronic payment instructions provided by Landlord, base rent (“Base Rent”) as set forth in Section 1 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary, in advance, on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Monthly Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is duefor a period which is shorter than one month, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order Rent for any and all sums, including Additional fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent, due . All other payments or adjustments required to be made under the terms of this Agreement. Further, the Resident agrees Lease that any sums received by the Owner or Property Manager from Resident may require proration on a time basis shall be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or prorated on the remittance proffered by the Residentsame basis. Resident shall make all Monthly Base Rent and Additional Rent payments in fullshall together be denominated “Rent”. Any failures by Resident Without limiting the foregoing, Tenant’s obligation to pay Rent shall be absolute, unconditional and independent of any Landlord covenants and shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and Tenant assumes the risk of the foregoing and waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover rent when due shall(but nothing in the foregoing sentence is intended to limit or impair Tenant’s right to assert a claim against Landlord for any breach by Landlord of its obligations under this Lease). Tenant’s covenants contained herein are independent and not dependent, at Owner’s election, cause all Annual Rent and Tenant hereby waives the benefit of any statute or judicial law to be immediately due and payablethe contrary. Payment or receipt of a rental payment of less than the amount stated Nothing contained in this Agreement shall be deemed Section 3.1 is intended to be nothing more than partial payment on that monthfrustrate or to impede Tenant’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send assert a notice of termination of tenancy and/or commence an eviction or other proceedings claim against Landlord for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term breach of this Agreement for increases Lease, and if Tenant prevails in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In any such lawsuit, to seek any remedies available to Tenant at law, including without limitation, seeking an order from the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made court permitting Tenant to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided offset against rent otherwise owed to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]Landlord.

Appears in 1 contract

Samples: Lease (Organovo Holdings, Inc.)

Payment of Rent. Resident agrees to pay All rent shall be paid in advance lawful money of the Monthly Rent for United States of America without deduction, diminution, set-off, counterclaim or prior notice or demand, at the Home in the amount set forth office of Landlord as provided in Section 1 1g hereof or at such other place as Landlord may hereafter designate in writing, on the first day of each and every calendar month during the Term. The Monthly Rent is dueAll such payments shall be made by good checks payable to Landlord or such other person, without deduction firm or demand, at the Property Manager’s officecorporation as Landlord may hereafter designate in writing. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial part payment of the full amount then due and payable; nor shall any endorsement or statement on that month’s account. Under no circumstances shall Owner’s acceptance any check or any letter accompanying any check, payment of a partial Rent or other payment, be deemed an accord and satisfaction; and the Landlord may accept, but is not obligated to accept, such part payment forfeit Ownerwithout prejudice to the Landlord's right to (i) collect recover the balance due on and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord's rights hereunder. If any amount of Rent required to be paid by Tenant to Landlord under the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term terms of this Agreement for increases Lease is not paid within five (5) days after the date such payment is due, then in utility rates and heating fuel charges. The addition to paying the amount of Rent is based in part on utility rates and charges and heating fuel charges. In then due, Tenant shall pay to Landlord a late charge (the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made "Late Charge") equal to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above of the amount of Rent then current Monthly required to be paid. Payment of such Late Charge will not excuse the untimely payment of Rent. In the event Tenant makes any payment of Rent Paymentby check and said check is returned by the bank unpaid, Resident may elect Tenant shall pay to terminate this Agreement Landlord the sum of ($ ) to cover the costs and vacate expenses of processing the Home prior returned check, in addition to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increaseRent payment and any other charges provided for herein. [ ]Any Late Charge and other amounts charged hereunder shall constitute Additional Rent.

Appears in 1 contract

Samples: Work Agreement

Payment of Rent. Resident agrees to pay Except as otherwise expressly provided in this Lease, all Base Rent and Additional Rent shall be due in advance the Monthly Rent for the Home in the amount set forth in Section 1 monthly installments on the first day of each and every calendar month during the Term. The Monthly Rent is dueshall be paid to Landlord at its address recited in Section 27.7, or to such other person or at such other address in the United States as Landlord may from time to time designate in writing. Rent shall be paid without notice, demand, abatement, deduction or demandoffset in legal tender of the United States of America. The Base Rent for the first full calendar month of the Lease Term shall be paid as follows: Twenty-One Thousand and 00/100 Dollars ($21,000.00) shall be paid upon execution by Tenant of this Lease, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves remaining balance of Twenty Thousand Nine Hundred Eighty-Seven and 52/100 ($20,987.52) shall be paid on or before April 15, 2000. In addition, if the right Term commences or ends on other than the first or the last day of a calendar month, the Base Rent for the partial month shall be prorated on the basis of the number of days during the applicable month and paid on or before the Lease Commencement Date. If the Lease Term commences or ends on other than the first or the last day of a Fiscal Year, the Additional Rent for the partial Fiscal Year calculated as provided in paragraph 5.3 above shall be prorated on the basis of the number of days during the applicable Fiscal Year. All payments received by Landlord from Tenant shall be applied to demand the oldest payment obligation owed by certified Tenant to Landlord. No designation by Tenant, either in a separate or on a check or money order for order, shall modify this clause or have any and all sums, including Additional Rent, due under this Agreementforce or effect. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual The Rent to be immediately due paid by Tenant or any Transferee hereunder shall not be based, in whole or in part, on the income or profits derived from the lease, use or occupancy of the Premises. In the event Landlord's Mortgagee succeeds to the Landlord's interests under this Lease and payable. Payment determines that all or receipt any portion of a rental payment of less than the amount stated in this Agreement shall Rent payable hereunder is or may be deemed to be nothing more than partial unrelated business income within the meaning of the United States Internal Revenue Code or regulations issued thereunder, Landlord's Mortgagee may elect unilaterally to amend the calculation of Rent such that none of the Rent payable under this Lease will constitute unrelated business income; provided, however, that any such amendment shall not increase Tenant's payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction obligations or other proceedings for a non-payment of rent, despite any endorsement, stipulationliabilities, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during reduce the term obligations of Landlord, under this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]Lease.

Appears in 1 contract

Samples: Lease Agreement (Ventro Corp)

Payment of Rent. Resident agrees to pay in advance the Monthly Rent for the Home in the amount set forth in Section 1 on the first day of each and every month during the Term. The Monthly Rent is due, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to If (i) collect any installment of Minimum Annual Rent or recurring payment of Additional Rent (e.g., Tenant’s Proportionate Share of Basic Operating Charges ) is not paid within five (5) days of when the balance same is due on the account, or (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a any non-payment recurring installment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Additional Rent (e. g. a charge for after-hours HVAC) is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon not paid within thirty (30) days' advance written notice days of such increase by registered or certified mailwhen the same is due, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided then a late charge equal to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above of the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate delinquent amount shall be assessed as liquidated damages for the Home prior to the effective date of increase additional administrative charges incurred by providing the Owner written notice by registered or certified mail Landlord as a result of such election late payment. In addition, if any Minimum Annual Rent or Additional Rent is not paid within fifteen ten (1510) days after the same is due, Landlord may, at its option, charge interest thereon at twelve percent (12%) per annum or the highest legal rate, whichever is lower (the “Default Rate”) from the due date until the date received by Landlord. No payment by Tenant or receipt by Landlord of lesser amounts of rent than those herein stipulated shall be deemed to be other than on account of the earliest unpaid stipulated rent. No endorsement or statement on any check or any letter accompanying any check or payment as rent shall be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such rent or pursue any other remedy provided in this Lease. Despite the foregoing, Landlord will waive such late charge and interest (i) on the first (1st) occasion during any Lease Year in which Tenant does not timely pay Minimum Annual Rent and/or on the first (1st) occasion during any Lease Year in which Tenant does not timely pay Additional Rent provided that payment is actually received by Landlord by close of the fifth (5th) calendar day after written notice is received by Tenant that the payment was not received when due and (ii) in the event the failure to pay Minimum Annual Rent or Additional Rent results from the failure of increase. [ ]a wire transfer to be timely processed after Tenant has properly and timely initiated and provided the payment is actually received by Landlord by the close of the third (3rd) day after written notice is received by Tenant that the payment was not received when due.

Appears in 1 contract

Samples: Office Lease (Choice Hotels International Inc /De)

Payment of Rent. Resident agrees to pay in advance the Monthly Rent for the Home in the amount set forth in Section 1 on the first day of each and every month during the Term. The Monthly Rent is due, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Monthly Rent for the Term to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel chargesrates. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requestedincrease, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent PaymentRent, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]

Appears in 1 contract

Samples: Resident Occupancy Agreement

Payment of Rent. Resident agrees to pay All Rent shall be paid in advance lawful money of the Monthly Rent for United States of America without deduction, diminution, set-off, counterclaim or prior notice or demand, at the Home in the amount set forth office of Landlord as provided in Section 1 1.i. hereof or at such other place as Landlord may hereafter designate in writing, on the first day of each and every calendar month during the Term. The Monthly Rent is dueAll such payments shall be made by good checks payable to Landlord or such other person, without deduction firm or demand, at the Property Manager’s officecorporation as Landlord may hereafter designate in writing. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial payment of the full amount then due and payable; nor shall any endorsement or statement on that month’s account. Under no circumstances shall Owner’s acceptance any check or any letter accompanying any check, payment of a Rent or other payment, be deemed an accord and satisfaction; and Landlord may accept, but is not obligated to accept, such partial payment forfeit Ownerwithout prejudice to the Landlord's right to (i) collect recover the balance due on and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord's rights hereunder. Any Rent owed by Tenant to Landlord, including, without limitation, Annual Base Rent, Additional Rent, Tenant's Pass- Through Costs and Late Charges, which is not paid within five (5) business days after the account, (ii) send date such payment is due shall bear interest from the due date at a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made rate equal to the Development, upon thirty prime rate on corporate loans quoted in the Wall Street Journal (30the "Prime Rate") days' advance plus two percent (2%); provided that Landlord shall waive such interest with respect to Tenant’s first failure to timely pay any such Rent in any consecutive period of twelve (12) months if Tenant pays the amount of Rent due within five (5) business days after Landlord sends written notice of such increase failure to Tenant. In addition, if any amount of Rent required to be *Confidential Treatment Requested paid by registered or certified mailTenant to Landlord under the terms of this Lease is not paid within five (5) business days after the date such payment is due, return receipt requestedthen in addition to paying the amount of Rent then due, Tenant shall pay to Landlord a late charge (the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided "Late Charge") equal to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above of the amount of Rent then current Monthly required to be paid; provided that Landlord shall waive the first Late Charge in any consecutive period of twelve (12) months if Tenant pays the amount of Rent Paymentdue within five (5) business days after Landlord sends written notice of such failure to Tenant. Payment of such Late Charge will not excuse the untimely payment of Rent. In the event Tenant makes any payment of Rent by check and said check is returned by the bank unpaid, Resident may elect Tenant shall pay to terminate this Agreement Landlord the sum of One Hundred Dollars ($100.00) to cover the costs and vacate expenses of processing the Home prior returned check, in addition to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increaseRent payment and any other charges provided for herein. [ ]Any interest, Late Charge and other amounts charged hereunder shall constitute Additional Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Sucampo Pharmaceuticals, Inc.)

Payment of Rent. Resident agrees Tenant shall pay to pay Landlord, Minimum Rent in equal monthly installments, in advance the Monthly Rent for the Home in the amount set forth in Section 1 on the first day of each and every calendar month during as provided in Schedule "A". Tenant hereby covenants and agrees to pay to Landlord "Minimum Rent", and other charges, as herein provided which are deemed rent hereunder and collectively herein called "Rent", without any prior demand, deduction or setoff whatsoever. Rent shall be paid to the TermLandlord, at Landlord's Address, or at such other place or person as may be designated in writing from time to time by Landlord. The Monthly Minimum Rent shall adjust as set out herein on each anniversary of the Rental Commencement Date. Any payment not received by Landlord by the date it is due shall be considered late and a default of the terms hereof. If Rent is not received by Landlord by ten (10) days after it is due, without deduction or demandit shall be subject to an automatic late charge of 10% of such Rent. After default, at all such charges, along with the Property Manager’s office. Payment by personal check is late Rent, shall be paid in the form of a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by cashier's check, certified check or money order order. Acceptance of the Rent or any portion thereof without the automatic late charge shall not constitute a waiver of such charges. The payments set out herein are compensation to the Landlord for risk and effort relating to failure to make timely payment by Tenant and are not interest. In addition to the payments set out herein any amount due from Tenant to Landlord hereunder which is not paid when due shall bear interest at the highest rate of interest allowed by law (but not to exceed eighteen percent per annum) from the date due until paid unless otherwise specifically provided herein, but the payment of such interest shall not excuse or cure any default by Tenant under this Lease. If Tenant's Rent check is returned for any reason, any applicable late charge shall continue to accrue and all sums, including Additional Rent, due under this AgreementTenant shall be in default of its obligations hereunder. Further, Landlord's attempt to redeposit a returned check shall not be a waiver of the Resident agrees that any sums default resulting from the returned check and payment shall be deemed received when the check is accepted for payment. Returned checks must be redeemed by cashier's check or money order. In the Owner or Property Manager from Resident may be applied, at its sole discretionevent more than two (2) Rent checks are returned, in part any 12 month period, then the next 12 Rent payments must be paid by cashier's check, certified check or whole, to any obligation money order. The first rental payment date shall be due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by Rental Commencement Date. If the Resident. Resident Rental Commencement Date is a day other than the first day of the calendar month, then Tenant shall make all Monthly pay on the first payment date a pro rata portion of the fixed Minimum Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment prorated on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made per diem basis with respect to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]fractional calendar month.

Appears in 1 contract

Samples: Escrow Agreement (Imagica Entertainment Inc)

Payment of Rent. Resident agrees Except to the extent that Landlord and Tenant may otherwise agree in writing, Tenant will pay to Landlord Rent at the principal office of Landlord, or at such other place or to such agent as Landlord from time to time may designate by written notice to Tenant. Rent shall be payable in advance the Monthly Rent for the Home equal monthly installments, in the amount set forth in Section 1 advance, on the first day of each calendar month, and every shall be prorated for any partial months. Rent from the Commencement Date until the last day of first full calendar month during of the TermTerm shall be paid on the Commencement Date. The Monthly Rent is due, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner (d) Tenant shall perform all its obligations under this Lease at its sole discretion cost and expense, and shall pay all Rent hereunder without notice, demand, setoff, counterclaim, abatement, suspension, deduction or defense, except as expressly provided in this Lease. Prior to the imposition of any fine, lien, interest or penalty for late payment thereof, Tenant shall directly pay when due to the appropriate authorities all taxes on gross receipts, sales or otherwise imposed or levied upon the Rent to be paid under this Lease; provided, however, Tenant shall not be responsible for payment of any net income taxes imposed upon Landlord which may be determined by including Rent in the calculation thereof. The obligation of Tenant to pay Rent and other sums to Landlord under this Lease and the Owner specifically reserves obligations of Landlord under this Lease are independent obligations. (e) Real Estate Taxes and Assessments. Prior to the right imposition of any fine, lien, interest or penalty for late payment thereof, Landlord shall directly pay to demand payment by certified check the appropriate taxing authorities all real estate taxes and assessments payable therewith, which become due and payable (as opposed to merely levied or money order pending, and regardless of when first assessed) prior to or during the Term with respect to the Premises (“Real Estate Taxes”). Landlord is responsible for all installments of real estate taxes and assessments payable therewith for the Premises, which become due and payable after the expiration or earlier termination of the Term, regardless of when the same were initially assessed. To the extent that any tax assessment may legally be paid in installments, Landlord may pay such assessment in installments; in such event, Tenant shall be liable only for installments to the extent that they become due and all sumspayable during the Term hereof. All amounts referred to in this section for the fiscal or tax year in which the Term expires must be apportioned so that Tenant pays only those portions thereof which correspond with the portion of such year as are within the Term hereby demised. Tenant shall pay to Landlord on a monthly basis, including as Additional Rent, due under this Agreement. Furthera sum equal to one-twelfth of the Real Estate Taxes payable for the applicable calendar year, which sum shall be based upon the Resident agrees that any sums property tax statement for the Premises received by the Owner Tenant for such calendar year or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Residenta reasonable estimate thereof (“Estimated Real Estate Taxes”) if a property tax statement is not available. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due Landlord shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon within thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, days after the Monthly Rent Payment due thereafter will be proportionately increased through the remainder last day of the Term. Written documentation applicable calendar year, deliver to Tenant a certified statement (a “Reconciliation Statement”) of the basis upon amount by which actual Real Estate Taxes exceeded Estimated Real Estate Taxes paid in such increase is calculated shall calendar year or the amount by which Estimated Real Estate Taxes paid by Tenant exceeded the actual Real Estate Taxes for such calendar year, as may be provided to Resident at the address listed at Section 1.aapplicable. If the increased Monthly Rent Payment is more than five percent Reconciliation Statement shows that actual Real Estate Taxes exceeded Estimated Real Estate Taxes for the applicable calendar year, then Tenant shall, within thirty (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (1530) days after the receipt of such Reconciliation Statement, pay to Landlord the notice excess amount. If the Reconciliation Statement shows that Estimated Real Estate Taxes exceeded actual Real Estate Taxes for the applicable calendar year, then Landlord shall, within thirty (30) days after delivery of increasesuch Reconciliation Statement to Tenant, pay to Tenant the excess amount or, if not paid within said thirty (30) period, Tenant may credit such excess amount against the next installments of Rent coming due under this Lease. [ ](f)

Appears in 1 contract

Samples: Lease Agreement

Payment of Rent. Resident agrees to Tenant shall pay the Base Rent and Tax and Operating Expense Rent (as provided in Section 4.5.2 below) in equal monthly installments (each, a “Rent Installment”) in advance commencing on the Monthly Rent for Commencement Date, with respect to the Home in Taxes and Operating Expense Rent, and the amount set forth in Section 1 Rent Commencement Date, with respect to the Base Rent, and on the first day of each and every month thereafter during the Term. The Monthly ; provided, however, if the Rent Commencement Date is due, without deduction or demand, at other than the Property Manager’s office. Payment by personal check is first day of a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Furthercalendar month, the Resident agrees installment of Taxes and Operating Expense Rent for such partial month shall be prorated in the proportion that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, number of days this Lease is in part or whole, effect during such partial month bears to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by total number of days in the Residentcalendar month. Resident Tenant shall make all Monthly Rent Installments by means of ACH transfer for value of federal funds to Landlord, or other form of electronic funds transfer approved by Landlord in writing. All Rent, and Additional Rent payments all other amounts payable to Landlord by Tenant pursuant to the provisions of this Lease, shall be paid to Landlord, without notice, demand, abatement, deduction or offset (except to the extent expressly provided in fullthis Lease), in lawful money of the United States at Landlord’s office in the Building or to such other Person or at such other place as Landlord may designate from time to time by written notice given to Tenant. Any failures No payment by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment Tenant or receipt by Landlord of a rental payment of less lesser amount than the amount stated in this Agreement correct Rent Installment due hereunder shall be deemed to be nothing more other than partial a payment on that month’s account. Under no circumstances ; nor shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction any endorsement or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check or any letter accompanying any check or payment be deemed to effect or evidence 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 in this Lease or at law or in equity provided. Tenant specifically waives herein all rights to demand, protest, notice or presentment, if any. If Tenant makes any payment to Landlord by check. Resident agrees that Monthly Rent is subject , the same shall be by check of Tenant only, and Landlord shall not be required to increase during accept the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs check of any of these items are increased over other person, and any check received by Landlord shall not be deemed to have satisfied Tenant’s obligation to pay the amounts allocated for their payment or capital improvements are made Rent Installment to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase check pertains until such check has cleared and Landlord is calculated shall be provided to Resident at the address listed at Section 1.ain receipt of good funds. If the increased Monthly Rent Payment any check is more than five percent (5%) above the then current Monthly Rent Paymentmailed by Tenant, Resident may elect it must be mailed to terminate this Agreement Landlord’s Notice Address and vacate the Home Tenant shall post such check in sufficient time prior to the effective date when payment is due so that such check will be received by Landlord and cleared by Landlord’s bank for payment on or before the date when payment is due. Any amounts required to be paid by Tenant to or on behalf of increase by providing Landlord under this Lease shall constitute rent due under this Lease and, to the Owner written notice by registered or certified mail extent such amounts do not constitute Base Rent, are included within the definition of such election “Additional Rent”. Tenant’s covenant to pay Rent shall be independent of every other covenant in this Lease, except that any non-scheduled payment required and due under this Lease, where there is a stipulated time frame within fifteen (15) days after the receipt of the notice of increase. [ ]which it is due, shall be due and payable on that time frame and not immediately as stated above.

Appears in 1 contract

Samples: Lease Agreement (1847 Goedeker Inc.)

Payment of Rent. Resident agrees to pay Except as otherwise expressly provided in this Lease, all Base Rent and Additional Rent shall be due in advance the Monthly Rent for the Home in the amount set forth in Section 1 monthly installments on the first day of each and every calendar month during the Term. The Monthly Rent is dueshall be paid to Landlord at its address recited in Section 27.7, or to such other person or at such other address as Landlord may from time to time designate in writing. Rent shall be paid without notice, demand, abatement, deduction or demandoffset in legal tender of the United States of America. The Base Rent for the first full calendar month of the Lease Term shall be paid upon execution by Tenant of this Lease. In addition, at if the Property Manager’s officeTerm commences or ends on other than the first or the last day of a calendar month, the Base Rent for the partial month shall be prorated on the basis of the number of days during the applicable month and paid on or before the Lease Commencement Date. Payment If the Lease Term commences or ends on other than the first or the last day of a Fiscal Year, the Additional Rent for the partial Fiscal Year calculated as provided in paragraph 5.3 above shall be prorated on the basis of the number of days during the applicable Fiscal Year. All payments received by personal check is Landlord from Tenant shall be applied to the oldest payment obligation owed by Tenant to Landlord. No designation by Tenant, either in a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified separate or on a check or money order for order, shall modify this clause or have any and all sums, including Additional Rent, due under this Agreementforce or effect. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual The Rent to be immediately due paid by Tenant or any Transferee hereunder shall not be based, in whole or in part, on the income or profits derived from the lease, use or occupancy of the Premises. In the event Landlord’s Mortgagee succeeds to the Landlord’s interests under this Lease and payable. Payment determines that all or receipt any portion of a rental payment of less than the amount stated in this Agreement shall Rent payable hereunder is or may be deemed to be nothing more than partial unrelated business income within the meaning of the United States Internal Revenue Code or regulations issued thereunder, Landlord’s Mortgagee may elect unilaterally to amend the calculation of Rent such that none of the Rent payable under this Lease will constitute unrelated business income; provided, however, that any such amendment shall not increase Tenant’s payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction obligations or other proceedings for a non-payment of rent, despite any endorsement, stipulationliabilities, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during reduce the term obligations of Landlord, under this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]Lease.

Appears in 1 contract

Samples: Lease Agreement (Overstock Com Inc)

Payment of Rent. Resident agrees to pay Except as otherwise expressly provided in this Lease, all Base Rent and Additional Rent shall be due in advance the Monthly Rent for the Home in the amount set forth in Section 1 monthly installments on the first day of each and every calendar month during the Term, Rent shall be paid to Landlord at its address recited in Section 27,7, or to such other person or at such other address in the United States as Landlord may from time to time designate in writing. Except as otherwise expressly provided in this Lease, Rent shall be paid without notice, demand, abatement, deduction or offset in legal tender of the United States of America. The Monthly Base Rent is duefor the first full calendar month of the Lease Term shall be paid upon execution by Tenant of this Lease. In addition, without deduction if the Term commences or demandends on other than the first or the last day of a calendar month, at the Property Manager’s officeBase Rent for the partial month shall be prorated on the basis of the number of days during the applicable month and paid on or before the Commencement Date. Payment If the Lease Term commences or ends on other than the first or the last day of a Fiscal Year, the Additional Rent for the partial Fiscal Year calculated as provided in Section 5.3 above shall be prorated on the basis of the number of days during the applicable Fiscal Year. All payments received by personal check is Landlord from Tenant shall be applied to the oldest payment obligation owed by Tenant to Landlord. No designation by Tenant, either in a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified separate writing or on a check or money order for order, shall modify this clause or have any and all sums, including Additional Rent, due under this Agreementforce or effect. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual The Rent to be immediately due paid by Tenant or any Transferee hereunder shall not be based, in whole or in part, on the income or profits derived from the lease, use or occupancy of the Premises. In the event Landlord’s Mortgagee succeeds to the Landlord’s interests under this Lease and payable. Payment determines that all or receipt any portion of a rental payment of less than the amount stated in this Agreement shall Rent payable hereunder is or may be deemed to be nothing more than partial unrelated business income within the meaning of the United States Internal Revenue Code or regulations issued thereunder, Landlord’s Mortgagee may elect unilaterally to amend the calculation of Rent such that none of the Rent payable under this Lease will constitute unrelated business income; provided, however, that any such amendment shall not increase Tenant’s payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction obligations or other proceedings for a non-payment of rent, despite any endorsement, stipulationliabilities, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during reduce the term obligations of Landlord, under this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]Lease.

Appears in 1 contract

Samples: Lease Agreement (Skullcandy, Inc.)

Payment of Rent. Resident agrees to pay All Rent shall be paid in advance lawful money of the Monthly Rent for United States of America without deduction, diminution, set-off, counterclaim or prior notice or demand, at the Home in the amount set forth office of Landlord as provided in Section 1 1g hereof or at such other place as Landlord may hereafter designate in writing, on the first day of each and every calendar month during the Term. The Monthly Rent is dueAH such payments shall be made by good checks payable to Landlord or such other person, without deduction firm or demand, at the Property Manager’s officecorporation as Landlord may hereafter designate in writing. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial payment of the full amount then due and payable; nor shall any endorsement or statement on that month’s account. Under no circumstances shall Owner’s acceptance any check or any letter accompanying any check, payment of a Rent or other payment, be deemed an accord and satisfaction; and the Landlord may accept, but is not obligated to accept, such partial payment forfeit Ownerwithout prejudice to the Landlord's right to (i) collect recover the balance due and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord's rights hereunder. Any Rent owed by Tenant to Landlord, including without limitation Annual Base Rent, Additional Rent, Tenant's Pass-Through Costs and Late Charges, which is not paid within five (5) days after the date such payment is due shall bear interest from the due date at a rate equal to the prime rate on corporate loans quoted in the accountWALL STREET JOURNAL (the "Prime Rate") plus four percent (4%). In addition, (ii) send a notice if any amount of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject required to increase during be paid by Tenant to Landlord under the term terms of this Agreement for increases Lease is not paid within five (5) days after the date such payment is due, then in utility rates and heating fuel charges. The addition to paying the amount of Rent is based in part on utility rates and charges and heating fuel charges. In then due, Tenant shall pay to Landlord a late charge (the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made "Late Charge") equal to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above of the amount of Rent then current Monthly required to be paid, provided, however on the first occasion of the late payment of Rent Paymentin any twelve (12) month period, Resident may elect and no more than once in any twelve (12) month period, Landlord agrees to terminate this Agreement waive its right to collect such Late Charge on such payment of Rent if such payment is made no later than the fifth (5*) day after Landlord delivers to Tenant written notice of such late payment of Rent. Payment of such Late Charge will not excuse the untimely payment of Rent. In the event Tenant makes any payment of Rent by check and vacate said check is returned by the Home prior bank unpaid, Tenant shall pay to Landlord the sum of One Hundred Dollars ($100.00) to cover the costs and expenses of processing the returned check, in addition to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increaseRent payment and any other charges provided for herein. [ ]Any interest, Late Charge and other amounts charged hereunder shall constitute Additional Rent.

Appears in 1 contract

Samples: Work Agreement (Eurotech LTD)

Payment of Rent. Resident agrees to Tenant shall pay in advance the Monthly Yearly Fixed Rent for the Home in the amount as set forth in Section 1 the Reference Data Pages by Monthly Payments in advance, without setoff, offset or deduction, commencing on the Rent Commencement Date, and thereafter continuing on the first day of each month thereafter, and every month during shall pay Additional Rent in the Termmanner set forth herein. The All rent and other payments shall be made to Landlord at Landlord’s Initial Address for Payment or at such other location and to such person as Landlord shall designate from time to time in writing. If the Rent Commencement Date and/or Term Commencement Date occurs on a day other than the first day of a month, the first Monthly Rent is due, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreementas applicable, shall be appropriately pro-rated for that month and added as Rent for the First Lease Year. Further, the Resident agrees that If Tenant shall fail to pay any sums received by the Owner installment of Yearly Fixed Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shallwithin ten (10) days after the date due, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement Landlord shall be deemed entitled to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of collect a partial payment forfeit Owner's right charge equal to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above percent of the then current Monthly Rent Paymentamount due to cover Landlord’s administrative expense in handling late payments; provided, Resident may elect to terminate this Agreement and vacate the Home prior that with respect to the effective date first such late payment in any consecutive 12-month period, no late payment shall be due if Tenant makes payment within one (1) business day after notice (which may be by telephone or e-mail) from Landlord. In addition, Tenant shall pay interest at the rate of increase by providing one (1%) percent (the Owner written notice by registered “Default Rate”) for each month or certified mail of such election any fraction thereof on any Rent not paid within fifteen ten (1510) days after the receipt date due. The sending of the notice invoices to Tenant on one or more occasions shall not require Landlord to continue that practice for Yearly Fixed Rent or on account of increaseregular monthly installments of Additional Rent. [ ]The term “

Appears in 1 contract

Samples: Reference Data Pages (Cyber-Ark Software Ltd.)

Payment of Rent. Resident As used in this Lease, "Rent" shall mean the Base Rent, the Operating Expense reimbursements pursuant to Section 5.01, the Parking Rent pursuant to Section 17.12 hereof, and all other monetary obligations provided for in this Lease to be paid by Tenant, all of which shall constitute rental in consideration for this Lease and the leasing of the Premises. The Rent shall be paid at the times and in the amounts provided for herein in legal tender of the United States of America to Landlord at the address specified above or to such other person or at such other address as Landlord may from time to time designate in writing. The Rent shall be paid without notice, demand, abatement, deduction, or offset except as may be expressly set forth in this Lease. Landlord shall, at its option, have the right to collect from Tenant, ten cents ($.10) for each dollar ($1.00) of each installment of Rent which is not received within five (5) days after its due date for any reason whatsoever (notwithstanding any notice requirement hereunder, if any) and Tenant agrees to pay in advance such amount immediately on demand as liquidated damages to cover the Monthly Rent for additional costs of collecting and processing such late payments. Tenant acknowledges that the Home in the amount set forth in Section 1 on the first day of each and every month during the Term. The Monthly Rent is due, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand late payment by certified check or money order for Tenant to Landlord of Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Xxxxxx. If such failure to pay Rent continues beyond such five (5) day period, any and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt unpaid Rent shall bear interest at the lesser of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five eighteen percent (518%) above the then current Monthly Rent Paymentper annum, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]or

Appears in 1 contract

Samples: Lease

Payment of Rent. Resident agrees to pay Rent shall be paid in advance lawful money of the Monthly Rent for the Home in the amount United States of America without deduction or offset, prior notice, abatement, or demand, as set forth in Section 1 12.1, except as otherwise provided herein. Tenant's obligation to pay Basic Rent shall commence on the Commencement Date and Basic Rent shall be paid in advance of the Commencement Date and on the first (1st) day of each and every succeeding calendar month during until the Term. The Monthly Rent is due, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder end of the Term. Written documentation Basic Rent for any period during the Term which is for less than one (1) full month shall be a pro-rata portion of the basis upon which monthly Basic Rent payment. Tenant acknowledges that late payment by Tenant to Landlord of Basic Rent or any other payment due Landlord will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such increase costs being extremely difficult and impracticable to fix. Such costs include without limitation processing and accounting charges and late charges (if any) that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Basic Rent or other payment due from Tenant is calculated not received by Landlord within six (6) business days following the due date, Tenant shall be pay to Landlord, in addition to the Rent due and in addition to interest thereon as provided to Resident at the address listed at in Section 1.a. If the increased Monthly Rent Payment is more than 12.1, an additional sum of five percent (5%) above of the then current Monthly Rent Payment, Resident may elect to terminate overdue amount as a late charge. The parties agree that this Agreement late charge and vacate interest represent a fair and reasonable estimate of the Home prior costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt overdue amount, nor prevent Landlord from exercising any of the notice of increase. [ ]other rights and remedies available to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Noosh Inc)

Payment of Rent. Resident agrees As used in this Lease, “Rent” shall mean the Base Rent, the Operating Expense reimbursements pursuant to pay Section 5.01, Tenant’s Electricity Charge pursuant to Section 5.02B, and all other monetary obligations provided for in advance this Lease to be paid by Tenant, all of which shall constitute rental in consideration for this Lease and the Monthly leasing of the Premises. Tenant shall send Base Rent for and other sums due hereunder in legal tender of the Home in United States of America to Landlord. Base Rent shall be sent by wire transfer pursuant to the amount instructions set forth in Section 1 1.01(o) or to such other person or at such other address or pursuant to such different wiring instructions as Landlord may from time to time designate at least ten (10) days in advance in writing. Rent other than Base Rent shall be paid in a manner mutually agreeable to Landlord and Tenant. Landlord and Tenant may from time to time mutually agree to an alternative manner of payment of any portion of Rent. The Rent shall be paid without notice, demand, abatement, deduction, or offset except as may be expressly set forth in this Lease. Upon execution of this Lease, Tenant shall pay to Landlord an amount equal to $172,500, which shall be applied to the first month’s Base Rent due hereunder on the first day of each and every month during the TermRental Commencement Date. The Monthly Rent is due, without deduction or demand, at the Property Manager’s office. Payment by personal check is Tenant shall pay to Landlord a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right late charge equal to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above of the then current Monthly amount of Rent Paymentdue for all Rent which is not paid on or before the fifth (5th) day following the date such amount is due. Any payments made by Tenant to Landlord hereunder shall not be deemed a waiver by Landlord of any rights against the Tenant. The collection of such late charge by Landlord shall be in addition to and cumulative of any and all other remedies available to such party. It is the intention of Landlord and Tenant to conform to all applicable laws concerning the contracting for, Resident may elect charging and receiving of interest. In the event that any payments of interest required under this Lease are ever found to terminate exceed any applicable limits, the charging party shall credit the amount of any such excess paid by the other party against any amount owing under this Agreement and vacate Lease or if all amounts owning under this Lease have been paid, the Home prior charging party shall refund to the effective date of increase by providing other party the Owner written notice by registered or certified mail amount of such election within fifteen (15) days after the receipt excess. Landlord and Tenant agree that Landlord shall not be subject to any applicable penalties in connection with any such excess interest, it being agreed that any such excess interest contracted for, charged or received pursuant to this Lease shall be deemed a result of the notice a bona fide error and a mistake. The obligation of increase. [ ]Tenant to pay Rent is an independent covenant, and no act or circumstance, whether constituting a breach of covenant by Landlord or not, shall release or modify Tenant’s obligation to pay Rent except as otherwise provided in this Lease.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (I2 Technologies Inc)

Payment of Rent. Resident All Base Rent, Percentage Rent, Additional Rent and other sums shall be paid to Landlord without demand and without deduction, set-off, claim or counterclaim of any nature whatsoever which Tenant may have or allege to have against Landlord. All such Rent and other sums shall be paid to Landlord in legal tender of the United States in accordance with Section 1.1(n). Except to the extent that Rent is paid via ACH, such being processed pursuant to the immediately following paragraph below, Rent checks are to be made payable to Landlord at 000 X. Xxxxx Blvd, Winter Park, FL 32789, or such other person, firm or corporation as the Landlord may hereafter designate in writing. Tenant agrees to pay in advance the Monthly Rent a Ten dollar ($10.00) processing fee for the Home in the amount set forth in Section 1 on the first day of each and every month during the Term. The Monthly Rent is duesubmitting payment via check, without deduction or demand, at the Property Managercashier’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for order. The obligation of Tenant to pay Rent is independent of any other covenant, agreement, term or provision of this Lease. At Landlord’s option, Tenant shall make payments of Rent and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received other payments to Landlord required by the Owner or Property Manager from Resident may be appliedLease via Automated Clearing House Transfer (“ACH Payment”); in accordance with the terms and conditions of this Paragraph. If Landlord shall elect to have payments made by ACH Payment, at its sole discretion, in part or whole, Landlord shall provide notice to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent Tenant of same and Additional Rent payments in full. Any failures by Resident to pay all rent when due Tenant shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the date of such notice from Landlord, execute and deliver to Landlord a complete Authorization Agreement in the form set forth in Exhibit I attached hereto or on such other form as shall be reasonably requested by Landlord, together with a voided check for account verification, establishing arrangements whereby payments of increasethe Rent and other funds are transferred by ACH Payment initiated by Landlord from an account established by Tenant at a financial institution approved by Landlord. [ ]Thereafter, Tenant shall continue to pay all rental and other obligations by ACH Payment initiated by Landlord unless otherwise directed by Landlord. Any denial or delay of a scheduled ACH Payment resulting from insufficient funds in the account Tenant designates for the ACH debit or any other delay resulting from Tenant’s actions, subject to any cure period prescribed under this Lease, shall immediately and automatically be a default of the Lease.

Appears in 1 contract

Samples: Retail Lease Agreement

Payment of Rent. Resident agrees to pay All Rent shall be paid in advance lawful money of the Monthly Rent for United States of America without deduction, diminution, set-off, counterclaim or prior notice or demand, at the Home in the amount set forth office of Landlord as provided in Section 1 1g hereof or at such other place as Landlord may hereafter designate in writing, on the first day of each and every calendar month during the Term. The Monthly Rent is dueAll such payments shall be made by good checks payable to Landlord or such other person, without deduction firm or demand, at the Property Manager’s officecorporation as Landlord may hereafter designate in writing. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial payment of the full amount then due and payable; nor shall any endorsement or statement on that month’s account. Under no circumstances shall Owner’s acceptance any check or any letter accompanying any check, payment of a Rent or other payment, be deemed an accord and satisfaction; and the Landlord may accept, but is not obligated to accept, such partial payment forfeit Ownerwithout prejudice to the Landlord's right to (i) collect recover the balance due and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord's rights hereunder. Any Rent owed by Tenant to Landlord, including without limitation Annual Base Rent, Additional Rent, Tenant's Pass-Through Costs and Late Charges, which is not paid within five (5) days after the date such payment is due shall bear interest from the due date at a rate equal to the prime rate on corporate loans quoted in the accountWALL STREET JOURNAL (the "Prime Rate") plus two percent (2%). In addition, (ii) send a notice if any amount of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject required to increase during be paid by Tenant to Landlord under the term terms of this Agreement for increases Lease is not paid within five (5) days after the date such payment is due, then in utility rates and heating fuel charges. The addition to paying the amount of Rent is based in part on utility rates and charges and heating fuel charges. In then due, Tenant shall pay to Landlord a late charge (the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made "Late Charge") equal to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above of the amount of Rent then current Monthly required to be paid. Payment of such Late Charge will not excuse the untimely payment of Rent. In the event Tenant makes any payment of Rent Paymentby check and said check is returned by the bank unpaid, Resident may elect Tenant shall pay to terminate this Agreement Landlord the sum of One Hundred Dollars ($100.00) to cover the costs and vacate expenses of processing the Home prior returned check, in addition to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increaseRent payment and any other charges provided for herein. [ ]Any interest, Late Charge and other amounts charged hereunder shall constitute Additional Rent.

Appears in 1 contract

Samples: Work Agreement (Universal Access Inc)

AutoNDA by SimpleDocs

Payment of Rent. Resident agrees The tenant must pay the rent on time, unless the tenant is permitted under the Act to deduct from the rent. If the rent is unpaid, the landlord may issue a notice to end a tenancy to the tenant, which may take effect not earlier than 10 days after the date the tenant receives the notice. The landlord must give the tenant a receipt for rent paid in cash. The landlord must return to the tenant on or before the last day of the tenancy any post-dated cheques for rent that remain in the possession of the landlord. If the landlord does not have a forwarding address for the tenant and the tenant has vacated the rental unit without notice to the landlord, the landlord must forward any post-dated cheques for rent to the tenant when the tenant provides a forwarding address in writing. ARREARS. Late payment, returned or non-sufficient funds (N.S.F.) cheques are subject to an administrative fee of not more than $25.00 each, plus the amount of any service fees charged by a financial institution to the landlord. Although these fees are payable by the tenant to the landlord, failure to pay the rent on the due date is a breach of a material term of this Agreement. The obligation of the tenant under this Agreement and by law requires the rent to be paid on the date that it is due. For example, an excuse that the tenant does not have the rent money or will not have the rent money until a later date is not an acceptable excuse in advance the Monthly Rent for the Home law. UTILITIES PAYMENT. Utilities that are not included in the amount set forth in Section 1 on rent or are not paid to the first day landlord are the responsibility of each the tenant who must apply for hook up and every month during must maintain current payment of the Termutility account. The Monthly Rent is due, without deduction discontinuation of utility service resulting from the tenant's cancellation or demand, at the Property Manager’s office. Payment by personal check failure to maintain payment of his utility account is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves breach of a material term of this Agreement. The landlord has the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Further, end the Resident agrees that any sums received by tenancy if the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, tenant fails to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on correct the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in fullbreach within a reasonable time after receiving written notice to do so. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent utilities charges to be immediately due and payable. Payment or receipt of a rental payment of less than paid to the amount stated in this Agreement shall be deemed to be nothing landlord that remain unpaid more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) 30 days after the receipt of tenant receives a written demand for payment will be treated as unpaid rent and the notice of increase. [ ]landlord may issue a Notice to End Tenancy.

Appears in 1 contract

Samples: pen.do

Payment of Rent. Resident agrees to pay All Rent shall be paid in advance lawful money of the Monthly Rent for United States of America without deduction, diminution, set-off, counterclaim or prior notice or demand, at the Home in the amount set forth office of Landlord as provided in Section 1 1.i. hereof or at such other place as Landlord may hereafter designate in writing, on the first day of each and every calendar month during the Term. The Monthly Rent is dueAll such payments shall be made by good checks payable to Landlord or such other person, without deduction firm or demand, at the Property Manager’s officecorporation as Landlord may hereafter designate in writing. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial payment of the full amount then due and payable; nor shall any endorsement or statement on that monthany check or any letter accompanying any check, payment of Rent or other payment, be deemed an accord and satisfaction; and Landlord may accept, but is not obligated to accept, such partial, payment without prejudice to the Landlord’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect recover the balance due and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord’s rights hereunder. Any Rent owed by Tenant to Landlord, including, without limitation, Annual Base Rent, Additional Rent, Tenant’s Pass-Through Costs and Late Charges, which is not paid within five (5) days after the date such payment is due shall bear interest from the due date at a rate equal to the prime rate on corporate loans quoted in the accountWall Street Journal (the “Prime Rate”) plus two percent (2%). In addition, if any amount of Rent required to be paid by Tenant to Landlord under the terms of this Lease is not paid within five (ii5) send days after the date such payment is due, then in addition to paying the amount of Rent then due, Tenant shall pay to Landlord a late charge (the “Late Charge”) equal to four percent (4%) of the amount of Rent then required to be paid; provided, however, that Landlord agrees to waive the first (1st) such Late Charge in any Lease Year during the Term, provided that Tenant pays the Rent then due within three (3) days after Tenant’s receipt of written notice from Landlord. Payment of termination of tenancy and/or commence an eviction or other proceedings for a non-such Late Charge will not excuse the untimely payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel chargesRent. In the event Tenant makes any payment of Rent by check and said check is returned by the bank unpaid, Tenant shall pay to Landlord the sum of Seventy-Five Dollars ($75.00) to cover the costs and expenses of any of these items are increased over processing the amounts allocated for their payment or capital improvements are made returned check, in addition to the DevelopmentRent payment and any other charges provided for herein. Any interest, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated Late Charge and other amounts charged hereunder shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]constitute Additional Rent.

Appears in 1 contract

Samples: Work Agreement (K12 Inc)

Payment of Rent. Resident agrees to pay All Rent shall be paid in advance lawful money of the Monthly Rent for United States of America without deduction, diminution, set-off, counterclaim or prior notice or demand, at the Home in the amount set forth office of Landlord as provided in Section 1 1.i. hereof or at such other place as Landlord may hereafter designate in writing, on the first day of each and every calendar month during the Term. The Monthly Rent is dueAll such payments shall be made by good checks (or by electronic transfer) payable to Landlord or such other person, without deduction firm or demand, at the Property Manager’s officecorporation as Landlord may hereafter designate in writing. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial payment of the full amount then due and payable; nor shall any endorsement or statement on that month’s account. Under no circumstances shall Owner’s acceptance any check or any letter accompanying any check, payment of a Rent or other payment, be deemed an accord and satisfaction; and Landlord may accept, but is not obligated to accept, such partial payment forfeit Ownerwithout prejudice to the Landlord's right to (i) collect recover the balance due and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord's rights hereunder. Any Rent owed by Tenant to Landlord, including, without limitation, Annual Base Rent, Additional Rent, Tenant's Pass-Through Costs and Late Charges, which is not paid within five (5) business days after the date such payment is due shall bear interest from the due date at a rate equal to the prime rate on corporate loans quoted in the accountWall Street Journal (the "Prime Rate") plus four percent (4%). In addition, (ii) send a notice if any amount of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject required to increase during be paid by Tenant to Landlord under the term terms of this Agreement for increases Lease is not paid within five (5) days after the date such payment is due, then in utility rates and heating fuel charges. The addition to paying the amount of Rent is based in part on utility rates and charges and heating fuel charges. In then due, Tenant shall pay to Landlord a late charge (the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made "Late Charge") equal to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above of the amount of Rent then current Monthly required to be paid; provided, however, that Landlord agrees to waive the first (1st) such Late Charge in any Lease Year during the Term, provided that Tenant pays the Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election then due within fifteen five (155) days after the Tenant's receipt of written notice from Landlord that such Rent is past-due. Payment of such Late Charge will not excuse the notice untimely payment of increaseRent. [ ]In the event Tenant makes any payment of Rent by check and said check is returned by the bank unpaid, Tenant shall pay to Landlord the sum of One Hundred Dollars ($100.00) to cover the costs and expenses of processing the returned check, in addition to the Rent payment and any other charges provided for herein. Any interest, Late Charge and other amounts charged hereunder shall constitute Additional Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Stifel Financial Corp)

Payment of Rent. Resident agrees to pay Except as otherwise expressly provided in this Lease, all Base Rent and Additional Rent shall be due in advance the Monthly Rent for the Home in the amount set forth in Section 1 monthly installments on the first day of each and every calendar month during the Term. The Monthly Rent is dueshall be paid to Landlord at its address recited in Section 27.7, or to such other person or at such other address in the United States as Landlord may from time to time designate in writing. Rent shall be paid without notice, demand, abatement, deduction or demandoffset in legal tender of the United States of America. The Base Rent for the first full calendar month of the Term shall be paid upon execution by Tenant of this Lease. In addition, at if the Property Manager’s officeTerm commences or ends on other than the first or the last day of a calendar month, the Base Rent for the partial month shall be prorated on the basis of the number of days during the applicable month and paid on or before the Lease Commencement Date. Payment If the Term commences or ends on other than the first or the last day of a Fiscal Year, the Additional Rent for the partial Fiscal Year calculated as provided in paragraph 5.3 above shall be prorated on the basis of the number of days during the applicable Fiscal Year. All payments received by personal check is Landlord from Tenant shall be applied to the oldest payment obligation owed by Tenant to Landlord. No designation by Tenant, either in a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified separate writing or on a check or money order for order, shall modify this clause or have any and all sums, including Additional Rent, due under this Agreementforce or effect. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual The Rent to be immediately due paid by Tenant or any Transferee hereunder shall not be based, in whole or in part, on the income or profits derived from the lease, use or occupancy of the Premises. In the event Landlord’s Mortgagee succeeds to the Landlord’s interests under this Lease and payable. Payment determines that all or receipt any portion of a rental payment of less than the amount stated in this Agreement shall Rent payable hereunder is or may be deemed to be nothing more than partial unrelated business income within the meaning of the United States Internal Revenue Code or regulations issued thereunder, Landlord’s Mortgagee may elect unilaterally to amend the calculation of Rent such that none of the Rent payable under this Lease will constitute unrelated business income; provided, however, that any such amendment shall not increase Tenant’s payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction obligations or other proceedings for a non-payment of rent, despite any endorsement, stipulationliabilities, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during reduce the term obligations of Landlord, under this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]Lease.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Payment of Rent. Resident agrees Tenant shall pay, without prior notice or demand, in accordance with Section 4.1 of the Summary or at such place as Landlord may from time to pay time designate in advance writing, by a check for currency which, at the Monthly Rent time of payment, is legal tender for the Home private or public debts in the amount United States of America or pursuant to wire or electronic payment instructions provided by Landlord, base rent (“Base Rent”) as set forth in Section 1 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary, in advance, on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Monthly Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is duefor a period which is shorter than one month, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order Rent for any and all sums, including Additional fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/30 of the applicable monthly Rent, due . All other payments or adjustments required to be made under the terms of this Agreement. Further, the Resident agrees Lease that any sums received by the Owner or Property Manager from Resident may require proration on a time basis shall be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or prorated on the remittance proffered by the Residentsame basis. Resident shall make all Monthly Base Rent and Additional Rent payments in fullshall together be denominated “Rent”. Any failures by Resident Without limiting the foregoing, Tenant’s obligation to pay Rent shall be absolute, unconditional and independent of any Landlord covenants and shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and Tenant assumes the risk of the foregoing and waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover rent when due shall(but nothing in the foregoing sentence is intended to limit or impair Tenant’s right to assert a claim against Landlord for any breach by Landlord of its obligations under this Lease). Tenant’s covenants contained herein are independent and not dependent, at Owner’s election, cause all Annual Rent and Tenant hereby waives the benefit of any statute or judicial law to be immediately due and payablethe contrary. Payment or receipt of a rental payment of less than the amount stated Nothing contained in this Agreement shall be deemed Section 3.1 is intended to be nothing more than partial payment on that monthfrustrate or to impede Tenant’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send assert a notice of termination of tenancy and/or commence an eviction or other proceedings claim against Landlord for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term breach of this Agreement for increases Lease, and if Tenant prevails in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In any such lawsuit, to seek any remedies available to Tenant at law, including without limitation, seeking an order from the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made court permitting Tenant to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided offset against rent otherwise owed to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]Landlord.

Appears in 1 contract

Samples: Organovo Holdings, Inc.

Payment of Rent. Resident agrees Concurrently with the execution of this Lease by Tenant, Tenant shall pay to pay in advance the Monthly Rent for the Home in Landlord the amount set forth in Section 1 N of the Summary as prepayment of the first installment of Base Monthly Rent due after any abatement period. All Rent required to be paid under this Lease in monthly installments shall be paid to Landlord in advance on the first day of each and every calendar month during the Lease Term. The Monthly All Rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided herein), and without any prior notice or demand therefor. Rent shall be paid to Landlord pursuant to the electronic wiring instructions set forth in Section Q of the Summary, or, at Landlord's option, pursuant to such other electronic wiring instructions or to such other party or at such other place as Landlord may designate from time to time in writing, by notice to Tenant in accordance with the provisions of Section 21.5 of this Lease. If any Rent payment date (including the Lease Commencement Date) falls on a day of the month other than the first day of such month, or if any payment of Rent is duefor a period which is shorter than one month, without deduction or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order Rent for any and all sums, including Additional fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent, due . All other payments or adjustments required to be made under the terms of this Agreement. Further, the Resident agrees Lease that any sums received by the Owner or Property Manager from Resident may require proration on a time basis shall be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or prorated on the remittance proffered by same basis. Landlord shall have the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident right, upon at least ten (10) days' prior written notice to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to Tenant (i) collect to change the balance due on name of the accountdepository for receipt of any payment of Rent made by means of a federal funds wire transfer or such other method of electronic funds transfer ("Electronic Payment"), and (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-to discontinue payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject sum due from Tenant to increase during the term of Landlord under this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase Lease by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Electronic Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ].

Appears in 1 contract

Samples: Lease (PROCEPT BioRobotics Corp)

Payment of Rent. Resident Tenant agrees to pay to Landlord the total monthly base rental, with such monthly installments to be paid in advance the Monthly Rent for the Home in the amount set forth in Section 1 advance, on or before the first day of each and every calendar month during the Termterm, without demand. Tenant shall pay the first monthly installment as "prepaid-rental" concurrently with the execution of this Lease. The Monthly Rent is duerent for a portion of the calendar month during which rent might begin to accrue or terminate shall be prorated. Tenant's covenant to pa) rent shall be independent of every other covenant set forth in this Lease, without and Tenant shall have no right of deduction or demand, setoff whatever. All rents herein provided for shall be paid to Landlord at the Property Manager’s officeLandlord's address or at such other place as shall be designated by Landlord, in writing, furnished to Tenant at least ten (10) days prior to the nex1ensuing rent payment due date. Payment by personal check is a privilege accorded by Operating Expense Increase/Additional Rent. Any operating expense proportionally allocated to the Owner at its sole discretion Leased Premises, in excess of those set forth in Paragraph l(o) above, shall be charged and billed to the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Tenant as Additional Rent, due under this Agreementpayable as follows: . FurtherBuilding operating expense to include, but not be limited to the Resident agrees that any sums received by the Owner or Property Manager from Resident may be appliedfollowing: taxes and insurance , at its sole discretionutilities (water, in part or wholegas, to any obligation due under this Agreementelectricity , despite contrary or conflicting directionsheating and air conditioning, verbal or writtenbuilding management fees, appearing with or on the remittance proffered by the Residentmaintenance (including necessary non capital replacements), fixtures and equipment, exterior lighting. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shallroof, at Owner’s electionexterior maintenance, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the accountcommon area maintenance , (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rentincluding entry ways, despite any endorsementstairways, stipulationhallways, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates parking lots and heating fuel charges. The Rent is based in part on utility rates driveways, restrooms, landscaping, and charges janitorial services), trash removal, window washing, sweeping, and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement snow and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]ice removal from parking area and driveways.

Appears in 1 contract

Samples: Office Building Lease (PSM Holdings Inc)

Payment of Rent. Resident agrees to pay All Rent shall be paid in advance lawful money of the Monthly Rent for the Home in the amount set forth in Section 1 on the first day United States of each and every month during the Term. The Monthly Rent is dueAmerica without deduction, without deduction diminution, set-off, counterclaim or prior notice or demand, at the Property Manager’s officeLandlord's Address for Payment of Rent provided in Section 1 of this Lease or at such other place as Landlord may hereafter designate in writing. Payment All such payments shall be made by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right good checks payable to demand Landlord or such other person, firm or corporation as Landlord may hereafter designate in writing. No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial payment of the full amount then due and payable; nor shall any endorsement or statement on that month’s account. Under no circumstances shall Owner’s acceptance any check or any letter accompanying any check, payment of a Rent or other payment, be deemed an accord and satisfaction; and Landlord may accept, but is not obligated to accept, such partial payment forfeit Ownerwithout prejudice to Landlord's right to recover the balance due and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord's rights hereunder. Any Rent owed by Tenant to Landlord, including, without limitation, Annual Base Rent, Additional Rent, Tenant's Pass-Through Costs and Late Charges (hereinafter defined), which is not paid within five (5) days after the date such payment is due shall bear interest from the due date at a rate (the "Default Rate") equal to the lesser of (i) collect the balance due prime rate on corporate loans quoted in the accountWall Street Journal plus four percent (4%), or (ii) send a notice the highest interest rate permitted by law. In addition, if any amount of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject required to increase during be paid by Tenant to Landlord under the term terms of this Agreement for increases Lease is not paid within five (5) days after the date such payment is due, then in utility rates and heating fuel charges. The addition to paying the amount of Rent is based in part on utility rates and charges and heating fuel charges. In then due, Tenant shall pay to Landlord a late charge (the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made "Late Charge") equal to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above of the amount of Rent then current Monthly required to be paid. Payment of such Late Charge will not excuse the untimely payment of Rent. In the event Tenant makes any payment of Rent Paymentby check and said check is returned by the bank unpaid, Resident may elect Tenant shall pay to terminate this Agreement Landlord any and vacate all charges assessed by the Home prior bank or payable by Landlord in connection therewith, plus the sum of One Hundred Dollars ($100.00), in addition to the effective date of increase by providing Rent payment and any other charges provided for herein (including the Owner written notice by registered or certified mail of such election within fifteen (15) days after Late Charge and interest at the receipt of the notice of increaseDefault Rate). [ ]Any interest, Late Charge and other amounts charged hereunder shall constitute Additional Rent.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust III, Inc.)

Payment of Rent. Resident All Base Rent, Percentage Rent, Additional Rent and other sums shall be paid to Landlord without demand and without deduction, set-off, claim or counterclaim of any nature whatsoever which Tenant may have or allege to have against Landlord. All such Rent and other sums shall be paid to Landlord in legal tender of the United States in accordance with Section 1.1(n). Except to the extent that Rent is paid via ACH, such being processed pursuant to the immediately following paragraph below, Rent checks are to be made payable to Landlord at 000 X. Xxxxx Blvd, Winter Park, FL 32789, or such other person, firm or corporation as the Landlord may hereafter designate in writing. Tenant agrees to pay in advance the Monthly Rent a Ten dollar ($10.00) processing fee for the Home in the amount set forth in Section 1 on the first day of each and every month during the Term. The Monthly Rent is duesubmitting payment via check, without deduction or demand, at the Property Managercashier’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for order.The obligation of Tenant to pay Rent is independent of any other covenant, agreement, term or provision of this Lease. At Landlord’s option, Tenant shall make payments of Rent and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received other payments to Landlord required by the Owner or Property Manager from Resident may be appliedLease via Automated Clearing House Transfer (“ACH Payment”); in accordance with the terms and conditions of this Paragraph. If Landlord shall elect to have payments made by ACH Payment, at its sole discretion, in part or whole, Landlord shall provide notice to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent Tenant of same and Additional Rent payments in full. Any failures by Resident to pay all rent when due Tenant shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the date of such notice from Landlord, execute and deliver to Landlord a complete Authorization Agreement in the form set forth in Exhibit I attached hereto or on such other form as shall be reasonably requested by Landlord, together with a voided check for account verification, establishing arrangements whereby payments of increasethe Rent and other funds are transferred by ACH Payment initiated by Landlord from an account established by Tenant at a financial institution approved by Landlord. [ ]Thereafter, Tenant shall continue to pay all rental and other obligations by ACH Payment initiated by Landlord unless otherwise directed by Landlord. Any denial or delay of a scheduled ACH Payment resulting from insufficient funds in the account Tenant designates for the ACH debit or any other delay resulting from Tenant’s actions, subject to any cure period prescribed under this Lease, shall immediately and automatically be, a default of the Lease.

Appears in 1 contract

Samples: Retail Lease Agreement

Payment of Rent. Resident agrees to pay All Rent shall be paid in advance lawful money of the Monthly Rent for the Home in the amount set forth in Section 1 on the first day United States of each and every month during the Term. The Monthly Rent is dueAmerica without deduction, without deduction diminution, set-off, counterclaim or prior notice or demand, at the Property ManagerLandlord’s officeAddress for Payment of Rent provided in Section 1 of this Lease or at such other place as Landlord may hereafter designate in writing. Payment All such payments shall be made by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right good checks or wire transfer payable to demand Landlord or such other person, firm or corporation as Landlord may hereafter designate in writing. No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial payment of the full amount then due and payable; nor shall any endorsement or statement on that month’s account. Under no circumstances shall Owner’s acceptance any check or any letter accompanying any check, payment of a Rent or other payment, be deemed an accord and satisfaction; and Landlord may accept, but is not obligated to accept, such partial payment forfeit Owner's without prejudice to Landlord’s right to recover the balance due and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord’s rights hereunder. Any Rent owed by Tenant to Landlord, including, without limitation, Annual Base Rent and Additional Rent, which is not paid within five (5) days after the date such payment is due shall bear interest from the due date at a rate (the “Default Rate”) equal to the lesser of (i) collect the balance due prime rate on corporate loans quoted in the accountWall Street Journal (the “Prime Rate”) plus four percent (4%), or (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel chargeshighest interest rate permitted by law. In the event Tenant makes any payment of Rent by check and said check is returned by the costs bank unpaid, Tenant shall pay to Landlord any and all charges assessed by the bank or payable by Landlord in connection therewith, plus the sum of any of these items are increased over the amounts allocated for their payment or capital improvements are made One Hundred Dollars ($100.00), in addition to the Development, upon thirty Rent payment and any other charges provided for herein (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident including interest at the address listed at Section 1.aDefault Rate). If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered Any interest or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]other amount charged hereunder shall constitute Additional Rent.

Appears in 1 contract

Samples: Office Lease (Costar Group Inc)

Payment of Rent. Resident agrees to pay All Rent shall be paid in advance lawful money of the Monthly Rent for United States of America without deduction, diminution, set-off, counterclaim or prior notice or demand, at the Home in the amount set forth office of Landlord as provided in Section 1 1.i. hereof or at such other place as Landlord may hereafter designate in writing, on the first day of each and every calendar month during the Term. The Monthly Rent is dueAll such payments shall be made by good checks payable to Landlord or such other person, without deduction firm or demand, at the Property Manager’s officecorporation as Landlord may hereafter designate in writing. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial payment of the full amount then due and payable; nor shall any endorsement or statement on that month’s account. Under no circumstances shall Owner’s acceptance any check or any letter accompanying any check, payment of a Rent or other payment, be deemed an accord and satisfaction; and Landlord may accept, but is not obligated to accept, such partial payment forfeit Owner's without prejudice to the Landlord’s right to (i) collect recover the balance due and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord’s rights hereunder. Any Rent owed by Tenant to Landlord, including, without limitation, Annual Base Rent, Additional Rent, Tenant’s Pass-Through Costs and Late Charges, which is not paid within five (5) days after the date such payment is due shall bear interest from the due date at a rate equal to the prime rate on corporate loans quoted in the accountWall Street Journal (the “Prime Rate”) plus four percent (4%). In addition, (ii) send a notice if any amount of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject required to increase during be paid by Tenant to Landlord under the term terms of this Agreement for increases Lease is not paid within five (5) days after the date such payment is due, then in utility rates and heating fuel charges. The addition to paying the amount of Rent is based in part on utility rates and charges and heating fuel charges. In then due, Tenant shall pay to Landlord a late charge (the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made “Late Charge”) equal to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above of the amount of Rent then current Monthly required to be paid. Payment of such Late Charge will not excuse the untimely payment of Rent. In the event Tenant makes any payment of Rent Paymentby check and said check is returned by the bank unpaid, Resident may elect Tenant shall pay to terminate this Agreement Landlord the sum of One Hundred Dollars ($100.00) to cover the costs and vacate expenses of processing the Home prior returned check, in addition to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increaseRent payment and any other charges provided for herein. [ ]Any interest, Late Charge and other amounts charged hereunder shall constitute Additional Rent.

Appears in 1 contract

Samples: Deed of Lease (Iceweb Inc)

Payment of Rent. Resident agrees If the Market Rent has not been agreed or determined in accordance with this clause 7 by the Relevant Review Date then the Annual Rent payable immediately prior to that Relevant Review Date shall continue to be payable until such agreement or determination and within 14 days after such agreement or determination the Tenant shall pay the balance due (being the shortfall between the Annual Rent actually paid from the Relevant Review Date and the Market Rent as agreed or determined payable from that Relevant Review Date up to and including the day preceding the next ensuing quarter day) together with interest at 3% below Interest on such balance calculated on a daily basis and payable from the Relevant Review Date until the date of actual payment provided that in advance the Monthly event of such balance of rent or interest being outstanding at the expiration of the period of 28 days after the agreement or determination of the Market Rent then Interest will be forthwith payable thereon. Statutory rent restrictions If at any of the Review Dates the Landlord is required to comply with any enactment which restricts or modifies the Landlord’s right herein to revise the Annual Rent or which shall restrict the Landlord’s right to demand or accept payment of the full amount of the Annual Rent for the Home in time being payable under this Lease then on each occasion that any such enactment is removed relaxed or modified the amount set forth in Section 1 Landlord may on giving written notice to the first day Tenant call for a review of each and every month during the Term. The Monthly Annual Rent is due, without deduction as from the date of such notice (or demand, at the Property Manager’s office. Payment by personal check is a privilege accorded by the Owner at its sole discretion such later date as may be specified therein) and the Owner specifically reserves Annual Rent from such date to the next succeeding Review Date shall be determined in accordance with this clause 7 as though the date of such notice (or such later date as may be specified therein) were the Relevant Review Date. Rent review memorandum Any variation of the Annual Rent pursuant to this clause 7 shall when agreed or determined be recorded by a memorandum endorsed upon or annexed to this Lease and the counterpart hereof signed on behalf of the Landlord and the Tenant and each party shall bear its own costs in respect thereof. Time not of the essence Any delay in seeking the appointment of a valuer shall in no way prejudice the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Further, review the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Annual Rent and Additional Rent payments time shall not be of the essence in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment respect of any dates or receipt of a rental payment of less than the amount stated periods mentioned in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]clause 7.

Appears in 1 contract

Samples: s3-eu-west-1.amazonaws.com

Payment of Rent. Resident agrees to pay All rent shall be paid in advance lawful money of the Monthly Rent for United --------------- States of America without deduction, diminution, set-off, counterclaim or prior notice or demand, at the Home in the amount set forth office of Landlord as provided in Section 1 1.g hereof or at such other place as Landlord may hereafter designate in writing, on the first day of each and every calendar month during the Term. The Monthly Rent is dueAll such payments shall be made by good checks payable to Landlord or such other person, without deduction firm or demand, at the Property Manager’s officecorporation as Landlord may hereafter designate in writing. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial part payment of the full amount then due and payable; nor shall any endorsement or statement on that month’s account. Under no circumstances shall Owner’s acceptance any check or any letter accompanying any check, payment of a partial Rent or other payment, be deemed an accord and satisfaction; and Landlord may accept, but is not obligated to accept, such part payment forfeit Ownerwithout prejudice to Landlord's right to (i) collect recover the balance due on and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord's rights hereunder. If any amount of Rent required to be paid by Tenant to Landlord under the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term terms of this Agreement for increases in utility rates and heating fuel charges. The Rent Lease is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty not paid within five (305) days' advance business days after written notice of such increase by registered or certified mailpayment, return receipt requestedthen in addition to paying the amount of Rent then due, Tenant shall pay to Landlord a late charge (the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided "Late Charge") equal to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above of the amount of Rent then current Monthly required to be paid. Payment of such Late Charge will not excuse the untimely payment of Rent. In the event Tenant makes any payment of Rent Paymentby check and said check is returned by the bank unpaid, Resident may elect Tenant shall pay to terminate this Agreement Landlord the sum of One Hundred Dollars ($100.00) to cover the costs and vacate expenses of processing the Home prior returned check, in addition to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increaseRent payment and any other charges provided for herein. [ ]Any Late Charge and other amounts charged hereunder shall constitute Additional Rent.

Appears in 1 contract

Samples: Certicom Corp

Payment of Rent. Resident agrees to pay All rent shall be paid in advance lawful money of the Monthly Rent for United States of America without deduction, diminution, set-off, counterclaim or prior notice or demand, at the Home in the amount set forth office of Landlord as provided in Section 1 1h hereof or at such other place as Landlord may hereafter designate in writing, on the first day of each and every calendar month during the Term. The Monthly Rent is dueAll such payments shall be made by good checks payable to Landlord or such other person, without deduction firm or demand, at the Property Manager’s officecorporation as Landlord may hereafter designate in writing. Payment by personal check is a privilege accorded by the Owner at its sole discretion and the Owner specifically reserves the right to demand No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial part payment of the full amount then due and payable; nor shall any endorsement or statement on that month’s account. Under no circumstances shall Owner’s acceptance any check or any letter accompanying any check, payment of a partial Rent or other payment, be deemed an accord and satisfaction; and Landlord may accept, but is not obligated to accept, such part payment forfeit Ownerwithout prejudice to Landlord's right to (i) collect recover the balance due and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord's rights hereunder. Any Rent owed by Tenant to Landlord, including without limitation Annual Base Rent, Additional Rent, Tenant's Pass-Through Costs and Late Charges, which is not paid within five (5) days after the date such payment is due shall bear interest from the due date at a rate equal to the prime rate on corporate loans quoted in the accountWall Street Journal (the "Prime Rate") plus four percent (4%). In addition, (ii) send a notice if any amount of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject required to increase during be paid by Tenant to Landlord under the term terms of this Agreement for increases Lease is not paid within five (5) days after the date such payment is due, then in utility rates and heating fuel charges. The addition to paying the amount of Rent is based in part on utility rates and charges and heating fuel charges. In then due, Tenant shall pay to Landlord a late charge (the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made "Late Charge") equal to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above of the amount of Rent then current Monthly required to be paid. Payment of such Late Charge will not excuse the untimely payment of Rent. In the event Tenant makes any payment of Rent Paymentby check and said check is returned by the bank unpaid, Resident may elect Tenant shall pay to terminate this Agreement Landlord the sum of One Hundred Dollars ($100.00) to cover the costs and vacate expenses of processing the Home prior returned check, in addition to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increaseRent payment and any other charges provided for herein. [ ]Any interest, Late Charge and other amounts charged hereunder shall constitute Additional Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Primus Therapeutics Inc.)

Payment of Rent. Resident agrees All Rent shall be paid to pay Landlord in advance lawful money of the Monthly United States of America without, except as specifically provided herein, deduction, diminution, set-off, counterclaim or prior notice or demand. All such payments shall be made by electronic wire transfer or good checks payable to Landlord (or such other person, firm or corporation as Landlord may hereafter designate in writing). Checks for payment of Rent shall be sent to Landlord's Address for the Home in the amount set forth Payment of Rent provided in Section 1 on the first day of each and every month during the Term. The Monthly Rent is duethis Lease, without deduction or demand, at the Property Manager’s officesuch other place as Landlord may hereafter designate in writing. Payment of Rent by personal check is a privilege accorded electronic wire transfer shall be sent pursuant to wiring instructions provided by the Owner at its sole discretion and the Owner specifically reserves the right Landlord, which instructions may be replaced from time to demand time by Landlord. No payment by certified check Tenant or money order for any receipt and all sums, including Additional Rent, due under this Agreement. Further, acceptance by Landlord of a lesser amount than the Resident agrees that any sums received by the Owner Monthly Base Rent or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more other than partial payment of the full amount then due and payable; nor shall any endorsement or statement on that month’s account. Under no circumstances shall Owner’s acceptance any check or any letter accompanying any check, payment of a Rent or other payment, be deemed an accord and satisfaction; and Landlord may accept, but is not obligated to accept, such partial payment forfeit Ownerwithout prejudice to Landlord's right to recover the balance due and payable or to pursue any other remedy provided in this Lease or by law. If Landlord shall at any time or times accept Rent after it becomes due and payable, such acceptance shall not excuse a subsequent delay or constitute a waiver of Landlord's rights hereunder. Any Rent owed by Tenant to Landlord, including, without limitation, Annual Base Rent, Additional Rent, Tenant's Pass-Through Costs and Late Charges (hereinafter defined), which is not paid within ten (10) days after the date such payment is due shall bear interest from the due date at a rate (the "Default Rate") equal to the lesser of (i) collect the balance due prime rate on corporate loans quoted in the accountWall Street Journal plus two percent (2%), or (ii) send a notice the highest interest rate permitted by law. In addition, if any amount of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject required to increase during be paid by Tenant to Landlord under the term terms of this Agreement for increases in utility rates and heating fuel charges. The Rent Lease is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election not paid within fifteen (15) days after the receipt date such payment is due, then in addition to paying the amount of Rent then due, Tenant shall pay to Landlord a late charge (the "Late Charge") equal to five percent (5%) of the amount of Rent then required to be paid. Payment of such Late Charge will not excuse the untimely payment of Rent. In the event Tenant makes any payment of Rent by check and said check is returned by the bank unpaid, Tenant shall pay to Landlord any and all charges assessed by the bank or payable by Landlord in connection therewith, plus the sum of One Hundred Dollars ($100.00), in addition to the Rent payment and any other charges provided for herein (including the Late Charge and interest at the Default Rate). Any interest, Late Charge and other amounts charged hereunder shall constitute Additional Rent. Notwithstanding the foregoing, Landlord shall waive all the Late Charge and interest for the first late payment in any calendar year provided that Tenant submits to Landlord the late payment within five (5) days after Landlord’s written notice of increase. [ ]to Tenant that it has not received the payment that is due.

Appears in 1 contract

Samples: Deed of Lease (Vse Corp)

Payment of Rent. Resident Commencing one month after the Rent Commencement Date, Tenant agrees to pay to Landlord, as rent for the Premises, annual base rent (“Annual Base Rent”) during the Basic Term in advance an amount equal to the Monthly Total Cost multiplied by the Rent Constant as set forth in a Notice from Landlord to Tenant delivered not less than seven (7) days prior to the Rent Commencement Date. The determination of the Total Cost and Annual Base Rent set forth in such notice shall be binding on Tenant absent manifest error and shall be the amounts set forth in the Memorandum of Acceptance. The Annual Base Rent during any Renewal Term shall be determined as specified in Section 2.3. Such Annual Base Rent for the Home Basic Term shall be paid monthly beginning one month after the Rent Commencement Date and on or before the first Business Day of each calendar month thereafter for a period of 180 months. The monthly payment shall be determined by dividing the Annual Base Rent by twelve (12). The Annual Base Rent shall terminate at the end of 180 payments and thereafter there shall be no payments of Annual Base Rent for the balance of the Basic Term. Monthly installments of Annual Base Rent payable during Renewal Term(s) shall be paid monthly in the amount set forth in Section 1 advance on the first day Business Day of each and every calendar month during the Termapplicable Renewal Term(s). The Monthly If Substantial Completion of the Base Building Improvements occurs on or after the Outside Completion Date, the parties acknowledge that the Contractor or insurers may be obligated to make certain liquidated damage payments, which shall be deposited into the Deficiency Account under the Loan Agreement and applied towards costs of the Project in accordance thereunder. Any such payments received by Landlord or Lender shall not reduce or otherwise affect, Tenant’s obligation to make payments of Annual Base Rent is due, without deduction or demandany other amounts payable by Tenant hereunder. Tenant shall pay to Landlord (or as otherwise directed in writing by Landlord as to place and manner of payment) the Annual Base Rent and the Facility Payment in the amounts, at the Property Manager’s office. Payment by personal check is a privilege accorded by times and in the Owner at its sole discretion and the Owner specifically reserves the right to demand payment by certified check or money order for any and all sums, including Additional Rent, due under this Agreement. Further, the Resident agrees that any sums received by the Owner or Property Manager from Resident may be applied, at its sole discretion, in part or whole, to any obligation due under this Agreement, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance proffered by the Resident. Resident shall make all Monthly Rent and Additional Rent payments in full. Any failures by Resident to pay all rent when due shall, at Owner’s election, cause all Annual Rent to be immediately due and payable. Payment or receipt of a rental payment of less than the amount stated in this Agreement shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Owner’s acceptance of a partial payment forfeit Owner's right to (i) collect the balance due on the account, (ii) send a notice of termination of tenancy and/or commence an eviction or other proceedings for a non-payment of rent, despite any endorsement, stipulation, or other statement on any check. Resident agrees that Monthly Rent is subject to increase during the term of this Agreement for increases in utility rates and heating fuel charges. The Rent is based in part on utility rates and charges and heating fuel charges. In the event the costs of any of these items are increased over the amounts allocated for their payment or capital improvements are made to the Development, upon thirty (30) days' advance written notice of such increase by registered or certified mail, return receipt requested, the Monthly Rent Payment due thereafter will be proportionately increased through the remainder of the Term. Written documentation of the basis upon which such increase is calculated shall be provided to Resident at the address listed at Section 1.a. If the increased Monthly Rent Payment is more than five percent (5%) above the then current Monthly Rent Payment, Resident may elect to terminate this Agreement and vacate the Home prior to the effective date of increase by providing the Owner written notice by registered or certified mail of such election within fifteen (15) days after the receipt of the notice of increase. [ ]manner set forth below:

Appears in 1 contract

Samples: Lease Agreement (Red Hat Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.