Common use of Rent Clause in Contracts

Rent. The rent reserved under this Sublease for the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.

Appears in 1 contract

Samples: Sublease (Dendrite International Inc)

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Rent. The rent reserved under On the date that Tenant executes this Sublease Lease, Tenant shall deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the first month Tenant is required to pay Base Rent), the Security Deposit, and all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 of this Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Base Rent specified in the Basic Lease Information, payable in advance at Landlord's address specified in the Basic Lease Information on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term hereof of the Lease and Tenant agrees and acknowledges that Tenant shall commence paying Rent on the Commencement Date, regardless of whether or not the Tenant Improvements are completed as of the Commencement Date. In addition to the Base Rent set forth in the Basic Lease Information, Tenant shall pay Landlord in advance on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease, as Additional Rent, Tenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses. The term "Rent" whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the waiver of the requirement to pay rental payments shall only apply to waiver of the Base Rent and Tenant shall otherwise perform all other obligations of Tenant required hereunder. The Rent for any fractional part of a calendar month at the commencement or termination of the Lease term shall be and consist of: a prorated amount of the Rent for a full calendar month based upon a thirty (a30) the Fixed day month. The prorated Rent payable beginning shall be paid on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before and the first day of each and every the calendar month during in which the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to date of termination occurs, as the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that case may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationbe.

Appears in 1 contract

Samples: Lease Agreement (Phase Metrics Inc)

Rent. The Tenant shall pay Landlord rent reserved (“Base Rent”), as set forth in this Section 2. Base Rent, along with all other sums that become payable by Tenant under this Sublease Lease, whether to Landlord directly, or to a third party for the Term hereof benefit of Landlord and the Premises, are referred to herein as “Rent.” All Base Rent shall be and consist of: (a) the Fixed Rent payable beginning paid in advance on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amountmonth, all charges for services and utilities supplied by Sublessor hereundercommencing on November 1, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term1999, unless otherwise specified provided herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional All Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease to Landlord, c/o ScanlanKemperBard Companies, 0000 Xxxxxxx Xxxxxx, 0000 XX Xxxxx Xxxxxx, Xxxxxxxx, XX 00000, or to such other person and/or at such other address place as Sublessor may from time to time Landlord shall designate by written notice to SubtenantTenant. No payment by Subtenant Tenant shall pay all Rent promptly when due without notice or receipt by Sublessor of demand therefor and without any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent abatement, deduction or Additional Rent; nor shall off set, for any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Subleasereason whatsoever, except as may otherwise be expressly provided hereinin this Lease. If, in If the event Tenant’s obligation to pay Base Rent does not commence on the first day of a casualty calendar month, or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 does not expire on the last day of the Main calendar month, the Base Rent payable by Tenant on the first fractional month, or the last fractional month, as the case may be, shall be prorated for said month. Base Rent for the first full calendar month of the Term shall be paid upon execution of this Lease, Subtenant and Base Rent for any partial month at the beginning of the Term shall be entitled to a proportionate abatement in due on the Fixed Commencement Date. Tenant acknowledges that Tenant’s late payment of Rent due Landlord will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such cost being extremely difficult and impractical to ascertain. Therefore, if Landlord does not receive any Rent due from Tenant within five (5) days of when due, Tenant shall pay to Landlord an additional sum equal to five percent (5 %) of the overdue amount, which late charge shall be due and payable on demand. By their execution of this Lease, Landlord and Tenant confirm that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment, that the late charge is in addition to any and all remedies available to Landlord and that the assessment and/or collection of the late charge shall not be deemed a waiver by Landlord of such failure or to any other default under this SubleaseLease. Additionally, provided that Subtenantall such delinquent Rent, plus any late charge, shall bear interest at the rate of fourteen percent (14%) per annum, or, if lower, the maximum interest rate permitted by law (as applicable, the “Default Rate”), from the date due until paid. If any payment of Rent is returned for insufficient funds, Landlord may require Tenant to pay all future payments by cashier’s possession of the Subleased Premises is affected by such casualty or condemnationcheck.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

Rent. The Tenant shall pay to Landlord without demand, deduction or set off, for each month of the entire Lease term Basic Rental, the Common Area Maintenance Fee and Utility Charges (Tenant's share of commonly billed utilities) (all as set out in paragraph 1). Payments are due at Landlords then current physical location or at the Post Office Box designated by Landlord in writing from time to time. Until further notice, payments are due at the address set out in this Lease document. Tenant shall, contemporaneously with the execution of this Lease, pay Landlord the following: (i) the security deposit set out in paragraph (1) above and (ii) an initial full months installment of rent reserved under this Sublease for (as defined in paragraph 1 (e)). A monthly installment in the Term hereof amounts defined in paragraphs 1(e) above shall be due and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every succeeding calendar month during the Term; plus (b) such additional rent (“Additional Rent”) Lease term. Rent for any fractional month at the beginning or end of the Lease term shall be prorated. The security deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the deposit shall not be considered an advance payment of any rental or a measure of Landlord's damages in an amount equal case of default by Tenant. If Tenant fails to timely pay any sums due under this Lease or defaults in its obligations under this Lease. Landlord may, from time to time, without prejudice to any other remedy, use the security deposit to the Expense Adjustment Amountextent necessary to make good any arrearages of Basic Rental, Common Area Maintenance Fee, Utility Charges, Additional Rental or any, damage, injury, expenses or liability to Landlord. Following any such application of the security deposit, Tenant shall immediately pay to Landlord, on demand, the amount so applied in order to restore the security deposit to its original amount, 30 days after termination of this Lease and vacating of the Premises by Tenant, Landlord shall return any remaining balance of the security deposit to Tenant so long as Tenant has full performed its obligations under this Lease and provided Landlord with written notice of its forwarding address. If Landlord transfers its interest in the Premises during the Lease term, Landlord may assign the security deposit to the transferee and thereafter shall have no further liability for the return of such security deposit. Time is of the essence as to all charges required payments by Tenant under any provision of this Lease. If any monthly installment of Basic Rental, the Common Area Maintenance Fee, or the Utility Charge is not received by the Landlord on or before the 5th day of the month for services and utilities supplied by Sublessor hereunderwhich said monthly rental installment is due, and any other charges as a service charge of 10% of the delinquent installment shall become due and payable by Subtenant hereunder whether in addition to the monthly installment owed. The date that a check is dated or mailed is not relevant in determining Tenant's liability for a late fee; Landlords accounting records are the same determining record of the date of receipt of a rent payment. The service charge is designated as Additional Rent, including, without limitation, for the reasonable purpose of reimbursing Landlord for the extra costs and expenses incurred in connection with the handling and processing of late monthly rental. If the delinquent amount is not paid by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any 1st day of the agreementsfollowing month, covenantsthen the delinquent amount (not including the service charge) shall bear interest at the Lesser of: (1) 18 per cent per annum, or obligations (2) the maximum lawful contract rate, such interest shall begin to accrue on the 1st of the month following the delinquency and continue until payment of the delinquent amount is made. If any check that is tendered to Landlord by Tenant for any charges due under this Sublease and including reasonable legal fees that may accrue (after default Lease is returned to Landlord by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or Tenants financial institution for any reason whatsoever(including but not limited to absence of Tenants signature, insufficient funds, stop payment, or closed account) then, in addition to any other liability of Tenant for the amount of the check. All Additional Rent Tenant shall be liable to Landlord for a service fee of $50.00 for each returned check. Landlord has no obligation to redeposit any check that is returned for any reason and other charges payable hereunder, which are not due and payable on a monthly basis Tenant shall immediately cure the non-payment that has resulted from the returned check. If Landlord receives 2 or more returned checks during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head term of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall then Landlord may require that all future payments from Tenant be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected made by such casualty or condemnationcashiers check.

Appears in 1 contract

Samples: Lease Agreement (Ramp Corp)

Rent. The rent reserved under this Sublease for the Term hereof shall be and consist of: (a) Rent shall be prorated between Seller and Purchaser as of the Fixed Rent payable beginning Closing Date (with Purchaser to receive a credit for such amounts for the day of Closing) on the basis of the period for which such Rent Commencement Date is payable, provided that there shall be no credit to Seller at Closing for, and Purchaser shall not be responsible for reimbursement to Seller for, uncollected Rent for any period prior to Closing, except to the extent such amounts are actually paid to Purchaser after Closing, in Monthly Fixed Rent installments as specified which event such amounts shall be disbursed in Paragraph 1(e) accordance with the terms of this Sublease in advance, Section 10.1. Any Rent paid by Xxxxxx and collected by or on or before the first day behalf of each and every calendar month Seller during the Term; plus month in which the Closing Date occurs but prior to the Closing shall be applied, (a) first, to the Rent for the month in which the Closing Date occurs and prorated in accordance with the foregoing provisions of this Section 10.1, (b) such additional rent (“Additional second, to delinquent Rent”) in an amount equal , if any, payable to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunderSeller, and any other charges (c) third, to advance Rent payable to Purchaser. If, as of the Closing Date, there is delinquent Rent owed to Seller under the Lease, then all Rent collected by Purchaser after the Closing Date shall become due and payable by Subtenant hereunder whether or not the same is designated be applied each month as Additional Rent, including, without limitationfollows: (x) first, the reasonable expenses incurred by Sublessor in the enforcement current Rent due to Purchaser, (after default by Subtenant hereunder beyond applicable cure periodsy) of second, to delinquent Rent due to Purchaser, and (z) third, to any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary delinquent Rent payable to obtain the possession of the Subleased Premises or Seller. Purchaser shall send letters to collect the rent; which Additional such past due or delinquent Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within at least once every thirty (30) days, for a period of one hundred twenty (120) days following Closing; provided, however, that Purchaser shall have no obligation to institute or prosecute any legal proceedings to collect such Rent or incur any material cost in connection therewith. Further, Seller shall not have the right to pursue the collection of delivery delinquent Rent after the Closing Date, and, without limiting the generality of the foregoing, shall have no right to cause the Tenant to be evicted or to exercise any other "landlord" remedy (as set forth in the Lease) against the Tenant or bring or maintain any suit for collection. Any sums received by Sublessor Purchaser to Subtenant of notice to pay the same. Fixed Rent and Additional Rent which Seller is entitled shall be paid to Sublessor held in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than trust for Seller on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfactionsuch amounts payable to Seller, and Sublessor may accept Purchaser shall remit to Seller any check or payment without prejudice such sums received by Purchaser to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor which Seller is entitled to a rent abatement pursuant to Paragraphs 10 or 26 within ten (10) Business Days after receipt thereof less reasonable, actual costs and expenses of the Main Leasecollection, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Subleaseincluding reasonable attorneys' fees, provided court costs and disbursements, if any. Seller expressly agrees that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.if Seller

Appears in 1 contract

Samples: 1340450v3 1 Purchase and Sale Agreement (Super Micro Computer, Inc.)

Rent. The rent reserved under this Sublease Tenant shall pay to Landlord as Base Rent for the Premises and, to the extent Tenant is subject to payment of sales tax on rentals of real property, all applicable Florida sales or use tax levied on Base Rent, commencing on the date that is six (6) full calendar months after the Term hereof Commencement Date (the “Rent Commencement Date”). Base Rent shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date paid in Monthly Fixed Rent equal monthly installments as specified set forth in Paragraph 1(e) of Section 2.3, subject to the rental adjustments provided in this Sublease Article 8, in advance, advance on or before the first day of each and every calendar month during the Term; plus (b) . If the Rent Commencement Date is on a day other than the first day of a calendar month, or if the last day of the Term, whether by expiration or termination, is on a day other than the last day of a calendar month, then the Base Rent for such fractional month shall be prorated on the basis of the number of days in the month of occupancy, and shall continue to be due and payable on the Rent Commencement Date or the first day of the last month of the Term, as applicable. In addition to Base Rent, commencing January 1, 2022, Tenant shall pay to Landlord as additional rent (“Additional Rent”) at times thereafter (a) Tenant’s Pro Rata Share of the amount by which Operating Expenses, as defined below, exceeds the Operating Expenses for calendar year 2021 (the “Base Year”)(or with respect to real estate taxes, the year in an amount equal to which the Building and improvements on the property have been fully assessed)(“Operating Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunderIncrease”), and (b) any other charges as shall amounts that Tenant assumes or agrees to pay under the provisions of this Lease that are owed to Landlord, including any and all other sums that may become due by reason of any default of Tenant or failure on Tenant’s part to comply with the agreements, terms, covenants and payable conditions of this Lease to be performed by Subtenant hereunder whether or not Tenant, after notice and the same lapse of any applicable cure periods. In the event the Building is designated as less than 95% occupied during the Base Year, the Operating Expenses for such year shall be extrapolated upward to reflect a 95% occupancy level. In addition to Base Rent and Additional Rent, includingcommencing on the Rent Commencement Date and continuing through the initial Term of this Lease (but not any Option Term(s)), without limitationTenant shall pay to Landlord the monthly sum of $ (the “Capital Rent”). The Capital Rent is being paid to Landlord to compensate Landlord for the cost to construct and install specific upgrades to the Building and/or Premises made at the request of Tenant, and that the Landlord has determined to be in excess of improvements typically provided in a Class A office building in the Tampa, Florida market, all as more fully detailed on Exhibit L, Upgrades, attached hereto and incorporated herein by reference. The amount of Capital Rent allocated to each upgrade is listed on Exhibit L. To the extent certain upgrades are actually paid for from the TI Allowance, the reasonable expenses incurred upgrades are eliminated or reduced, or the cost for any upgrades are paid directly by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any tenant, then the amount of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Capital Rent shall be payable as hereinafter provided. All rent due and payable adjusted downward by Subtenant hereunder shall be paid promptly when duethe allocable sum using the same formula set forth on Exhibit L. Base Rent, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, Capital Rent shall together be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional denominated “Rent.” Rent shall be paid to Sublessor Landlord, without abatement, deduction or offset, in lawful money of the United States at of America to the address of Sublessor set forth at the head of this Sublease in Section 2.8 or to such other person and/or or at such other address place as Sublessor Landlord may from time to time designate by notice to Subtenantin writing. No payment by Subtenant In the event the Term commences or receipt by Sublessor of any lesser amount ends on a day other than the amount stipulated to first day of a calendar month, then the Rent for such fraction of a month shall be prorated for such period on the basis of the number of days in the month and shall be paid hereunder at the then-current rate for such fractional month. Tenant’s obligation to pay Rent shall not be deemed other than on account of discharged or otherwise affected by (a) any Applicable Laws now or hereafter applicable to the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfactionPremises, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue (b) any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Subleaserestriction on Tenant’s use, (c) except as may otherwise be expressly provided herein. If, in the event of a any casualty or condemnationtaking, Sublessor is entitled or (d) any other occurrence. Tenant’s obligation to a rent abatement pursuant pay Rent with respect to Paragraphs 10 any period or 26 obligations arising, existing or pertaining to the period prior to the date of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession expiration or earlier termination of the Subleased Premises is affected by Term or this Lease shall survive any such casualty expiration or condemnationearlier termination; provided, however, that nothing in this sentence shall in any way affect Tenant’s obligations with respect to any other period.

Appears in 1 contract

Samples: Lease

Rent. The “minimum” or “base” rent reserved payable by tenants under this Sublease the Leases for the Term hereof calendar month in which the Closing occurs shall be and consist of: (a) the Fixed Rent payable beginning prorated on the Rent Commencement Date basis of the number of days of such month the Property will have been owned by Purchaser and Seller, respectively. However, there shall be no proration of any such rent which is delinquent as of the Closing Date. Rather, Purchaser shall cause any such delinquent rent for the period prior to Closing to be remitted to Seller if, as, and when collected. Additionally, there shall be no proration of any rent that a tenant under a Lease delivers to either Purchaser or Seller that such tenant has identified, at the time of such delivery, as constituting payment of rent due for a month or other period of time prior to Closing. If Purchaser receives any such delinquent rent, Purchaser shall cause such rent to be remitted to Seller if, as, and when collected. At Closing, Seller shall deliver to Purchaser a schedule of all such delinquent rent. Purchaser shall include the amount of delinquent rent in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day bills thereafter submitted to the tenants in question after the Closing, and shall continue to do so for two (2) months thereafter. Purchaser shall promptly deliver to Seller a copy of each and every calendar such xxxx submitted to tenants. After such two (2) month during the Term; plus (b) period, Seller may pursue remedies directly against delinquent tenants, but may not xxx to evict or otherwise dispossess such additional tenants. Purchaser shall have no obligation to institute any litigation or incur any out-of-pocket costs to collect any such delinquent rent. Except as otherwise expressly set forth in this Section 4.3.2, any amounts of delinquent rent (“Additional Rent”) in an amount equal collected by Purchaser after Closing shall be applied first to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become are due and payable by Subtenant hereunder whether or not delinquent for the same is designated as Additional Rent, including, without limitation, period from and after the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationClosing Date.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Behringer Harvard Reit I Inc)

Rent. The rent reserved As used in this Lease, the term "Rent" shall include: (i) the Base ---- Rent; (ii) Tenant's Percentage Share of the Operating Expenses paid or incurred by Landlord during the calendar year; and (iii) all other amounts which Tenant is obligated to pay under the terms of this Sublease for the Term hereof Lease. All amounts of money payable by Tenant to Landlord shall be paid without prior notice or demand, deduction or offset. This Lease is intended to be a triple net lease, with all costs, expenses and consist of: charges (aincluding the Operating Expenses) paid by Tenant. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the Fixed exact amount of which will be difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any trust deed covering the Premises. Accordingly, if any installment of Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(eor any other sums due from Tenant shall not be received by Landlord within five (5) days after when due, Tenant shall pay to Landlord a late charge equal to five percent (5%) of this Sublease such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in advanceno event constitute a waiver of Tenant's default with respect to such overdue amount, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of nor prevent Landlord from exercising any of the agreementsother rights and remedies granted hereunder. In addition, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are is not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable paid within thirty five (305) days of delivery by Sublessor to Subtenant of notice to pay after when due shall bear interest from the same. Fixed Rent and Additional Rent shall be date due until the date paid to Sublessor in lawful money of the United States at the address rate ("Interest Rate") which is the lesser of Sublessor set forth at fifteen percent (15%) per annum or the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate maximum rate permitted by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationlaw.

Appears in 1 contract

Samples: Tenant Improvements Construction Agreement (Consilium Inc)

Rent. The Tenant agrees to pay to Landlord at the office of the managing agent (the "Manager") of the beneficiary of Landlord (the "Beneficiary"), or at such other place designated by Landlord, without any prior notice or demand and without any deduction or set off whatsoever, base rent reserved under this Sublease for at the Term hereof initial monthly rate stated in section l.l.H ("Monthly Base Rent"). Monthly Base Rent is subject to adjustment pursuant to section 22.2, and as adjusted is called "Adjusted Monthly Base Rent." Adjusted Monthly Base Rent shall be and consist of: (a) the Fixed Rent payable beginning paid monthly in advance on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days except that the first installment of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Monthly Base Rent shall be paid by Tenant to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head Landlord upon execution of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate Lease by notice to SubtenantTenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than Adjusted Monthly Base Rent shall be prorated for partial months within the amount stipulated Term. All charges, costs and sums required to be paid by Tenant to Landlord under this Lease in addition to Adjusted Monthly Base Rent shall be considered additional rent, and Adjusted Monthly Base Rent and additional rent shall be collectively called "Rent." Tenant's covenant to pay Rent shall be independent of every other covenant in this Lease. In the event Tenant desires to interconnect its telecommunications equipment with the telecommunications equipment of other tenants in the Building, Tenant may, upon obtaining Landlord's written approval, which approval shall not be unreasonably withheld or delayed, do so in accordance with the terms and conditions of this Lease, specifically including the terms of section 10 hereof. Notwithstanding the foregoing, Landlord shall perform all work necessary to effectuate such interconnections at commercially reasonable rates and Tenant shall reimburse Landlord for the costs of such work within ten (10) business days after receipt of an invoice from Landlord for same. The pathways granted hereunder shall not be deemed other than on account considered a part of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord Premises and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer granted as an irrevocable license (except upon an Event of Default hereunder) for use in common with Landlord and other tenants of the Building which license shall be coterminous with the Term of this Lease. Notwithstanding anything contained herein to the Fixed Rent and Additional contrary, if any license granted by Landlord to Tenant hereunder or under a Pathway Confirmation Agreement or Space Acceptance Agreement is revoked or terminated by Landlord except in connection with an Event of Default under this Lease, Rent due under this Sublease, except Lease shall abatx xxxmencing as may otherwise be expressly the date of such revocation and continuing until such license is restored or until Landlord has provided herein. If, Tenant with substitute space in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant Building. The pathway use fees shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationas set forth on Exhibit C attached hereto.

Appears in 1 contract

Samples: Acceptance Agreement (Universal Access Inc)

Rent. The rent reserved under this Sublease for Commencing as of the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date (subject to the terms of Subsection E below), and continuing throughout the Term, Tenant shall pay Landlord the annual Rent set forth in Monthly Fixed Rent installments as specified Subsection A of this Article 1, payable without demand, on or in Paragraph 1(eadvance of the first (1st) day of each month in equal monthly installments, in lawful money (legal tender for public or private debts) of the United States of America, at the office of Landlord or such other place as Landlord may designate from time to time without any set-off, offset, abatement or deduction, except as may be expressly set forth herein, except that Tenant shall pay the first (1st) monthly installment upon Tenant's execution of this Sublease in advanceLease. If the Commencement Date occurs on a date other than the first (1st) day of a calendar month, Tenant shall pay to Landlord on or before the first (1st) day of each the next month the monthly installment of Rent for such partial month on a pro rata basis (based on the actual number of days in the commencement month), and every the first (1st) month's rent paid by Tenant as described above shall be applied to the first (1st) full calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit Term for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable. Such payment, together with the sum paid by Tenant as the first (1st) month's Rent upon the execution of this Lease, shall constitute payment of the Rent for the period from the Commencement Date to and including the last day of the calendar month next succeeding the calendar month in which the Commencement Date shall occur. All other sums of money that may become due from Tenant and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent Landlord under this Lease shall be paid to Sublessor in lawful money of the United States additional rent hereunder, payable at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be manner expressly provided herein. If, in the event that, at any time during the Term hereof, Tenant shall be in default in the payment of a casualty or condemnation, Sublessor is entitled Rent to a rent abatement Landlord pursuant to Paragraphs 10 or 26 the terms of another lease of space in the Building with Landlord, Landlord may, at Landlord's option and without notice to Tenant, add the amount of such arrearages to any monthly installment of the Main Lease, Subtenant Rent and the same shall be entitled payable to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationLandlord as additional rent hereunder.

Appears in 1 contract

Samples: Agreement (Marvel Enterprises Inc)

Rent. The rent reserved All sums required to be paid by Tenant under this Sublease for the Term hereof Lease constitute "rent." The term "rent" or "rental", when used in this Lease, includes Base Rent, Real Property Taxes, insurance all other sums payable hereunder by Tenant. Tenant's rent payments shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date made to Landlord at Landlord's address stated in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on Section 1.L. above or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and at any other charges as address within the Continental United States that Landlord may specify by written notice to Tenant. Landlord shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) provide Tenant written notice of any change of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within address at least thirty (30) days prior to the due date of delivery by Sublessor any rent payments to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor made at any address other than that stated in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to SubtenantSection 1.L. above. No payment made by Subtenant Tenant or receipt received by Sublessor of any lesser Landlord in an amount less than the amount stipulated to be paid hereunder then due shall be deemed to be other than on account of the earliest stipulated Fixed Rent or Additional Rent; a partial payment, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or any other sum payable hereunder be deemed an accord and satisfaction, and Sublessor Landlord may accept any such check or payment without prejudice to Sublessor’s Landlord's right to recover the balance due of such amount from Tenant or to pursue any other remedy available in this Lease or by law provided. Beginning with the Commencement Date and continuing thereafter until the expiration of the Term (as the same may be extended by agreement in writing), Tenant agrees to Sublessorpay Landlord the Base Rent in advance, without notice or demand, on the first (1st) day of every month during the Term of this Lease. Any provision Time is of the essence in payment of all rent and other amounts due Landlord hereunder, same being required for payment of mortgage debt service and other mortgage obligations of Landlord on the Main Lease referring to Fixed Rent or Additional Rent incorporated herein premises. If any monthly rent payment is not received by reference Landlord by the first (1st) day of the month in which such rent payment was due, Tenant shall pay, as additional rent, five percent (5%) of such amount due, and such late charge shall be deemed to refer to due upon receipt of Landlord's written demand; provided, however, Tenant shall not incur such late charge until the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 fifteenth (15th) day of the Main Leasemonth until such time as Tenant has been late more than once during any calendar year of the Term. Tenant shall also pay to Landlord, Subtenant upon demand, $500.00 for each check tendered to Landlord in payment of rent or any other payment due Landlord hereunder, which is returned uncollected to Landlord. All rent shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationprorated for any partial month.

Appears in 1 contract

Samples: Suit Lease Agreement (Englobal Corp)

Rent. On the date that Tenant executes this Lease, Tenant shall deliver to Landlord the original executed Lease, the Security Deposit, and all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 and Exhibit B of this Lease. Tenant agrees to pay Landlord the Base Rent, without prior notice or demand, abatement, offset, deduction or claim, in advance at Landlord’s Address on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of the Lease. In addition to the Base Rent, Tenant shall pay Landlord in advance on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease, as Additional Rent, Tenant’s Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses. The rent reserved under this Sublease term “Rent” whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the waiver of the requirement to pay rental payments shall only apply to the waiver of the Base Rent. The Rent for any fractional part of a calendar month at the commencement or expiration or termination of the Lease Term shall be a prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. Any prorated Rent shall be paid on the Commencement Date, and any prorated Rent for the Term final calendar month hereof shall be and consist of: (a) the Fixed Rent payable beginning paid on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every the calendar month during in which the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether date of expiration or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationtermination occurs.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Rent. The rent reserved Tenant covenants and agrees to pay Landlord during the Term the amount of the "Basic Rent" described in the Basic Lease Provisions above. Basic Rent shall be payable in advance in monthly installments (i.e., one twelfth of the applicable annual total per month), and shall be due on the first (1 st ) day of each month, in advance. Basic Rent shall be prorated with respect to the first and last monthly payments for each applicable period based on the number of calendar days in the applicable month. All sums due from Tenant to Landlord under this Sublease Lease shall be deemed Additional Rent. Basic Rent and Additional Rent shall be collectively referred to as "Rent." Rent shall be paid to Landlord without notice or demand and without deduction, abatement or set off of any kind, except as expressly provided in this Lease. No payment by Tenant or receipt by Landlord of an amount less than the Rent and Additional Rent due under this Lease shall be deemed anything other than a payment on account of the earliest of those sums due from Tenant under this Lease. No endorsement or statement on any check or any letter accompanying any check for the Term hereof payment of Rent or Additional Rent shall be deemed an accord and consist of: satisfaction by Landlord, and Landlord may accept any payment from Tenant without prejudice to Landlord's right to recover the balance due, and without prejudice to Landlord to pursue any right or remedy provided to Landlord under this Lease or by law or in equity. 4 5. Construction, Installation & Operation of Solar Facility. (a) Solar Facility Installation. Tenant shall have the Fixed Rent payable beginning right to install the Solar Facility and other improvements expressly set forth herein and approved by Landlord in writing in advance of the installation, all on the Rent Commencement Date Leased Premises and such other areas of the Building and the Property as is expressly provided for in Monthly Fixed Rent installments this Lease, all at Tenant's own cost and expense . Installation type shall include solar to the roof and carport as specified more particularly described on Exhibit C . Tenant shall install Tenant Shall be responsible for all local electric utility approvals, and interconnection and metering arrangements and costs, including, without limitation, any upgrades that may be required in Paragraph 1(e) connection with the Building switchgear, and the electric distribution system of this Sublease the local electric utility . Tenant shall conduct, at its expense, such testing and commissioning of the Solar Facility as may be required by the local electric utility and Legal Requirements, as defined herein, and perform all other work as may be required in advance, on or before order for the first day of each and every calendar month during the Term; plus Solar Facility to achieve commercial operation in a timely manner . (b) such additional rent (“Additional Rent”) in an amount equal Requirements for Installation, Maintenance, etc . All work performed by or on behalf of Tenant pursuant to this Lease, including, without limitation, initial installation and all subsequent maintenance, repairs, replacements, upgrading, modifying, and removing, shall be subject to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not following : (i) the same is designated as Additional Rentproper functioning of the systems at the Property, including, without limitation, the reasonable expenses incurred mechanical, electrical, plumbing, heating, air conditioning (if any), ventilation, sanitary, sprinkler and other mechanical and other systems of the Building, or any part of the Property, shall not be adversely affected ; (ii) the work shall be of a non structural nature, and the structural integrity of the Property, including, without limitation, the Building, shall not be affected ; (iii) the Solar Facility shall only be installed at those locations shown on the Site Plan ; (iv) Tenant shall cause those contractors, materialmen and suppliers engaged to perform the work to deliver to Landlord certificates of insurance (in a form and content reasonably acceptabl e t o Landlord ) evidencing policies of commercial general liability insurance (providing the same coverages as required of Tenant by Sublessor this Lease) and workers' compensation and employer's liability ( $ 1 , 000 , 000 ) insurance, which insurance policies shall satisfy the insurance obligations imposed on Tenant under this Lease ; (v) the work shall be performed in compliance with all applicable Governmental Approvals required by any Governmental Authority for the enforcement performance of the work, all Legal Requirements, and all plans and specifications (after default that shall be approved by Subtenant hereunder beyond applicable cure periods) Landlord in advance of the performance of any of work, such approval not to be unreasonably withheld, conditioned or delayed) ; (vi) the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent work shall be payable as hereinafter provided. All rent due performed continuously and payable by Subtenant hereunder shall be paid promptly when duediligently, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.without

Appears in 1 contract

Samples: Solar Lease (Green Stream Holdings Inc.)

Rent. The rent reserved under this Sublease A. During each calendar year, or portion thereof, falling within the Lease Term, Tenant shall pay to Landlord as Additional Base Rental hereunder Tenant's Pro Rata Share of Basic Costs (as defined below) for the Term hereof shall be and consist of: (a) applicable calendar year. Prior to the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments and prior to January 1 of each calendar year during the Lease Term, or as specified in Paragraph 1(e) soon thereafter as practical, Landlord shall make a good faith estimate of this Sublease in advance, on Basic Costs for the applicable calendar year and Tenant's Pro Rata Share thereof. On or before the first day of each month during such calendar year, Tenant shall pay to Landlord, as Additional Base Rental, a monthly installment equal to one-twelfth of Tenant's Pro Rata Share of Landlord's estimate of Basic Costs. Landlord shall have the right from time to time during any such calendar year to revise the estimate of Basic Costs for such year and every provide Tenant with a revised statement therefor, and thereafter the amount Tenant shall pay each month shall be based upon such revised estimate. Landlord agrees not to revise such estimate more then two (2) times per year. If Landlord does not provide Tenant with an estimate of the Basic Costs by January 1 of any calendar year, Tenant shall continue to pay a monthly installment based on the previous year's estimate until such time as Landlord provides Tenant with an estimate of Basic Costs for the current year. Upon receipt of such current year's estimate, an adjustment shall be made for any month during the Term; plus (b) such additional rent (“current year with respect to which Tenant paid monthly installments of Additional Rent”) in an amount equal Base Rental based on the previous year's estimate. Tenant shall pay to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or Landlord for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable underpayment within thirty (30) days after demand. Any overpayment shall, at Landlord's option, be refunded to Tenant or credited against the installment of delivery Additional Base Rental due for the months immediately following the furnishing of such estimate. Any amounts paid by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent Tenant based on any estimate shall be paid subject to Sublessor in lawful money adjustment pursuant to the immediately following paragraph when actual Basic Costs are determined for such calendar year. As soon as is practical following the end of each calendar year during the United States at Lease Term, Landlord shall furnish to Tenant a statement of Landlord's actual Basic Costs for the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenantprevious calendar year. No payment by Subtenant or receipt by Sublessor of any lesser amount than If the amount stipulated to be of estimated Basic Costs actually paid hereunder by Tenant for the prior year is in excess of Tenant's actual Pro Rata Share of Basic Costs for such prior year, then Landlord shall be deemed other than on account of the earliest stipulated Fixed Rent or apply such overpayment against Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance Base Rental due or to pursue any other remedy available to Sublessor. Any provision in become due hereunder, provided if the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer Term expires prior to the Fixed Rent and Additional determination of such overpayment, Landlord shall refund such overpayment to Tenant after first deducting the amount of any Rent due under this Subleasehereunder. Likewise, except as may otherwise be expressly provided herein. IfTenant shall pay to Landlord, in within thirty (30) days after demand, any underpayment with respect to the event prior year, whether or not the Lease has terminated prior to receipt by Tenant of a casualty or condemnationstatement for such underpayment, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 it being understood that this clause shall survive the expiration of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.

Appears in 1 contract

Samples: Office Lease Agreement (Information Management Associates Inc)

Rent. On the date that Tenant executes this Lease, Tenant shall deliver to Landlord the original executed Lease, the Advance Rent (which shall be applied against the Rent payable for Month 6 of the Lease Term that Tenant is required to pay Rent), the Security Deposit, and all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 of this Lease. Xxxxxx agrees to pay Landlord the Base Rent, without prior notice or demand, abatement, offset, deduction or claim, in advance at Landlord's Address on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of the Lease. In addition to the Base Rent, Tenant shall pay Landlord in advance on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease, as Additional Rent, Tenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses. The rent reserved under this Sublease term "Rent" whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the waiver of the requirement to pay rental payments shall only apply to the waiver of the Base Rent. The Rent for any fractional part of a calendar month at the commencement or expiration or termination of the Lease Term shall be a prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. To the extent not already paid as part of the Advance Rent any prorated Rent shall be paid on the Commencement Date, and any prorated Rent for the Term final calendar month hereof shall be and consist of: (a) the Fixed Rent payable beginning paid on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every the calendar month during in which the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether date of expiration or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationtermination occurs.

Appears in 1 contract

Samples: Lease Agreement (SolarJuice Co., Ltd.)

Rent. The Tenant, in return for the use and occupancy of the Leased Premises and in consideration of the terms, conditions, covenants and provisions contained herein, shall pay Landlord the rent reserved under this Sublease owed for the Term hereof in 12 equal installments (each an “Installment”) of $«monthly_charge_total», which shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease paid in advance, without notice, demand, offset or reduction (the "Rent"). While Landlord has no obligation to do so and may refuse to do so, Landlord may accept partial payment of Tenant’s Rent or other payment obligations, but if it so elects, Landlord does not waive its right to collect and demand the payment of the remainder of such obligations or enforce Tenant’s default hereunder due to failure to pay such amounts in full. Tenant hereby acknowledges that the Term of this Lease is less than a full calendar year, and the Rent has been allocated into 12 equal installments and is not based on a daily or before calendar month basis. The first installment of Rent shall be due on August 1, 2017 and each subsequent installment shall be due and payable on the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) month. The last installment of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provideddue on July 1, 2018. All rent due payments should be made via the internet through Landlord’s Resident Portal. If payment via Landlord’s Resident Portal is not feasible, payment should be tendered directly to the Agent’s office in the Neighborhood. Tenant and payable by Subtenant hereunder shall be paid promptly when dueany Co- Lessee acknowledge and understand Landlord may refuse other forms of payment, without notice or demand therefor, subject to Prevailing Law. Tenant and without deduction, abatement, counterclaim or setoff of any amount or Co-Lessee acknowledge Landlord will not waive late fees for any reason whatsoeverpayments due to failure of such parties understanding how to submit payments through the Resident Portal and therefore Tenant and Co-Lessee are encouraged to be familiar with the Resident Portal prior to the date the first Rent payment is due. All Additional Upon receipt of payment, Landlord will provide a written receipt with the date, amount paid, premises, time period covered and the signature and title of the person receiving payment. A written receipt is not required when payment is tendered via personal check absent written request for a receipt. If Rent is not timely paid, Landlord reserves the right to require Tenant to pay all Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery late fees by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any cashier's check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationmoney order.

Appears in 1 contract

Samples: Syracuse New York Lease Agreement

Rent. The rent reserved under During the initial term of this Sublease Lease, Lessee hereby covenants and agrees to pay Lessor as Base Rent for the Term hereof shall be and consist of: (a) Premises the Fixed Rent sum of $138,600.00 per Lease year payable beginning on the Rent Commencement Date in Monthly Fixed Rent equal monthly installments as specified in Paragraph 1(e) of this Sublease in advance$11,550.00, on plus applicable sales or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amountuse tax, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Base Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when duein advance on the first of each month, without notice or demand therefordemand, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address offices of Sublessor set forth Lessor in the city of Lake Mary, Florida, or at the head of this Sublease or such other place and to such other person and/or at such other address as Sublessor Lessor may from time to time designate by notice to Subtenantin writing. No payment by Subtenant or receipt by Sublessor Base Rent is adjustable as set forth hereafter and in Paragraph 6 of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessorthis Lease. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in In the event of a casualty or condemnation, Sublessor is entitled to a rent abatement renewal of this Lease pursuant to Paragraphs 10 or 26 Paragraph 3 above, the base yearly rent shall be adjusted by any change in the index known as the "United States Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers (all items), United States City Average (1982 equals 100)" (hereinafter referred to as the "Index"). The Base Rent adjustment for changes in the Index shall be accomplished by multiply the Base Rent last prevailing under this Lease by a fraction, the numerator of which shall be the Index for the second month preceding the last month of the Main Lease, Subtenant then current Lease Year. The denominator of the fraction shall be entitled the Index for the last month prior to the last rental adjustment. There shall be no adjustment in rent if the foregoing calculation results in a proportionate abatement in lower rental payment, it being the Fixed intent that rent will adjust upward, but not downward. After making the foregoing calculation, if Base Rent is to be adjusted, the adjusted rental amount shall become due with the first payment of Base Rent due on the first month of the new term, and shall apply for the remainder of that term. If the Consumer Price Index, as now constituted, compiled and published, shall cease to be compiled and published during the term hereof, and all extensions thereof, then the parties shall utilize a comparable index. All rent, additional rent and other sums due to be paid under this SubleaseLease are in United States Dollars. All sums due to be paid by the Lessee to Lessor under this Lease are deemed to be "rent", provided that Subtenant’s possession of the Subleased Premises is affected by whether or not such casualty or condemnationsums are called "rent" in this Lease.

Appears in 1 contract

Samples: Business Lease (Faro Technologies Inc)

Rent. The rent reserved under this Sublease for During the Term hereof Term, Tenant shall pay to Landlord “Annual Base Rent” as determined pursuant to Schedule A or Schedule B below, whichever is applicable, multiplied by the number of rentable square feet of the Premises (such sum is hereafter referred to as “Base Rent”), together with “Tenant’s Proportionate Share” of “Excess Operating Costs” and “Additional Rent” (as those terms are hereinafter defined). Base Rent shall be payable in monthly installments in advance without notice, demand, setoff or deduction and consist of: (a) the Fixed all such installments shall be paid to Landlord in U.S. Dollars in cash or by check or wire transfer to an account designated by Landlord or its managing agent. No other form of payment will be accepted. The first installment for Base Rent payable beginning shall be due on the Rent Commencement Date in Monthly Fixed Rent and, thereafter, such monthly installments as specified in Paragraph 1(e) of this Sublease in advance, shall be due on or before the first day of each and every calendar month. If the Premises are occupied for a fraction of a month during at the beginning or the end of the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as . Tenant shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any pay a proportionate part of the agreementsapplicable monthly installment. Tenant shall pay and be liable for all rental, covenantssales and use taxes or other similar taxes, if any, levied or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent imposed on Base Rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent payments by any city, county, state or other governmental body having authority. Such payments shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall in addition to all other payments required to be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff to Landlord by Tenant under the terms of any amount or for any reason whatsoeverthis Lease. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent Any such payment shall be paid to Sublessor in lawful money Landlord concurrently with the payment of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Base Rent or Additional Rent incorporated herein by reference upon which such tax is based. Schedule B shall be deemed apply to refer to the Fixed this Lease. SCHEDULE A SCHEDULE B Lease Year Annual Base Rent and Additional Rate Annual Base Rent due under this Sublease, except as may otherwise be expressly provided hereinMonthly Rent Installment Annual Base Rent Rate Annual Base Rent (1) Monthly Rent Installment (1) (First Year Only) $ $ $ $ 16.68 u.s.f. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.$ 17,847.60 $ 1,487.30

Appears in 1 contract

Samples: Office Building Lease (LifeCare Holdings, Inc.)

Rent. The rent reserved under In consideration of this Sublease lease, Tenant promises and agrees to pay Landlord the basic rental (as defined in paragraph 1(a) hereof) without deduction or set off, for each month of the Term hereof entire lease term. One such monthly installment together with the security deposit (as defined in paragraph 1(f) hereof) shall be payable by Tenant to Landlord contemporaneously with the execution hereof, and consist of: (a) the Fixed Rent a like monthly installment shall be due and payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, without demand on or before the first day of each and every succeeding calendar month during the Term; plus (b) term hereof. Rent for any fractional month at the beginning or end of the lease term shall be prorated. The security deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this lease, it being expressly understood that such additional rent (“Additional Rent”) deposit shall not be considered an advance payment of rental or a measure of Landlord's damages in an amount equal case of default by Tenant. Upon the occurrence of any event of default by Tenant, Landlord may, from time to time, without prejudice to any such remedy, use such deposit to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, extent necessary to make good any arrearages of rent and any other charges as damage, injury, expenses or liability caused to Landlord by such event of default. Following any such application of the security deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the security deposit to its original amount. If Tenant is not then in default hereunder, any remaining balance of such deposit shall be returned by Landlord to Tenant upon termination of this lease. If Landlord transfers its interest in the premises during the lease term, Landlord may assign the security deposit to the transferee and thereafter shall have no further liability for the return of such security deposit. If the monthly rental installment is not received by the Landlord on or before the 10th day of the month for which said monthly rental installment is due, a service charge of 10% of the monthly rental installment owed shall become due and payable by Subtenant hereunder whether or not in addition to the same monthly rental installment owed. Said service charge is designated as Additional Rent, including, without limitation, for the reasonable purpose of reimbursing Landlord for the extra costs and expenses incurred by Sublessor in connection with the enforcement (after default by Subtenant hereunder beyond applicable cure periods) handling and processing of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a late monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationrental.

Appears in 1 contract

Samples: Lease Agreement (Omega Research Inc)

Rent. The rent reserved All collected rents and other payments from tenants under this Sublease for the Term hereof Leases shall be prorated between Seller and consist of: (a) Purchaser as of the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal prior to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter providedClosing Date. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant Seller shall be entitled to all rents (including any percentage rent, additional rent and any accrued tax and operating expense reimbursements and escalations), charges, and other revenue of any kind attributable to any period under the Leases to but not including the Closing Date. Purchaser shall be entitled to all rents (including any percentage rent, additional rent and any accrued tax and operating expense reimbursements and escalations) charges and other revenue of any kind attributable to any period under the Leases on and after the Closing Date. Rents and expense escalations or other reimbursements due landlord under the Leases prior to the Closing Date but not yet collected as of the Closing Date shall not be prorated at the time of Closing, but Purchaser shall make a proportionate abatement in good faith effort to collect the Fixed Rent same on Seller's behalf and to tender the same to Seller upon receipt (which obligation of Purchaser shall survive the Closing and not be merged therein); provided, however, that all rents, escalations and other reimbursements due landlord under the Leases collected by Purchaser on or after the Closing Date shall first be applied to all amounts due under this Subleasethe Leases at the time of collection (i.e., provided that Subtenant’s possession current rents and sums due Purchaser as the current owner and landlord) with the balance (if any) payable to Seller, but only to the extent of amounts delinquent and actually due Seller. Purchaser shall not have an exclusive right to collect the sums due Seller under the Leases and Seller hereby retains its rights to pursue any tenant under the Leases for sums due Seller for periods attributable to Seller's ownership of the Subleased Premises is affected Property; provided, however, that (i) Seller may not commence any legal proceedings after the first anniversary of the Closing Date, and (ii) Seller shall not be permitted to commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying lease. Seller's rights under the immediately preceding sentence shall survive the Closing and not be merged therein. Purchaser shall receive a credit against the Purchase Price for pre-paid rentals held by such casualty or condemnationSeller covering the period post-Closing.

Appears in 1 contract

Samples: Glimcher Realty Trust

Rent. The rent reserved under On the date that Tenant executes this Sublease Lease, Tenant shall deliver to Landlord the original executed Lease, the Advance Rent (which shall be applied against the Rent payable for the first month(s) Tenant is required to pay Rent), and the Security Deposit. On or prior to the Commencement Date or any early occupancy pursuant to the terms of the Lease, Tenant shall deliver to Landlord all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 of this Lease. Tenant agrees to pay Landlord the Base Rent, without prior notice or demand, abatement, offset; deduction or claim, in advance at Landlord’s Address on the Commencement Date (except to the extent covered by the Advance Rent) and thereafter on the first (1st) day of each month throughout the balance of the Term hereof of the Lease. In addition to the Base Rent, Tenant shall pay Landlord, as Additional Rent, Tenant’s Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses. The term “Rent” whenever used herein refers to the aggregate of all these amounts. The Rent for any fractional part of a calendar month at the commencement or expiration or termination of the Lease Term shall be and consist of: a prorated amount of the Rent for a full calendar month based upon a thirty (a30) the Fixed day month. The prorated Rent payable beginning shall be paid on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e(except to the extent covered by the Advance Rent) of this Sublease in advance, on or before and the first day of each and every the calendar month during in which the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether date of expiration or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationtermination occurs.

Appears in 1 contract

Samples: Lease Agreement (Ruckus Wireless Inc)

Rent. The rent reserved under this Sublease for the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, fixed rent, prepaid rent, additional rent and percentage rent, if applicable, and expenses shall be apportioned as of the reasonable expenses incurred by Sublessor Closing Date. Rent which is due and payable as of the Closing Date, but which has not then been collected, shall not be apportioned at Closing. With respect to any rent arrearages arising under the Existing Leases for the period prior to the Closing Date, Buyer shall pay to Seller any rent or payment actually collected after Closing as provided in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter providedfollowing sentence. All rent due and payable under the Existing Leases collected by Subtenant hereunder Buyer after Closing shall be paid promptly when dueapplied first to the rent for the month in which the Closing shall occur, without notice then to rent accruing after the month in which the Closing shall occur and then to rent accruing prior to the month in which the Closing shall occur. During the twelve (12) month period following Closing, Buyer shall use good faith commercially reasonable efforts to recover any rent (or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30tenant charge) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor arrearages in lawful money respect of the United States at period prior to the address of Sublessor set forth at the head of this Sublease Closing Date, provided that Buyer shall not be required to threaten eviction, litigation or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account termination of the earliest stipulated Fixed Rent lease, incur any material cost or Additional Rent; nor commence any legal proceeding in connection therewith. Buyer shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice indicate all rent arrearages applicable to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer periods prior to the Fixed Rent Closing Date on Buyer’s rent invoices to each tenant and Additional Rent due under this Sublease, except as may otherwise be expressly provided hereinshall not compromise or settle any such rent arrearages without Seller’s prior written consent. If, in the event of a casualty or condemnation, Sublessor is entitled Seller (upon notification to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant Buyer) shall be entitled to sxx a proportionate abatement in tenant, before and/or after Closing (provided however with respect to any period after Closing, Seller shall not commence any such suit for a period of six (6) months after the Fixed Rent Closing Date), for any delinquent rent (or other tenant charges) due to Seller (and not previously paid to Seller) under this Subleasean Existing Lease, provided that Subtenant’s possession so long as such suit does not seek a termination of the Subleased Premises is affected by such casualty Existing Lease or condemnationeviction of such tenant.

Appears in 1 contract

Samples: Agreement of Sale (Hines Real Estate Investment Trust Inc)

Rent. The rent reserved under On the date that Tenant executes this Sublease Lease, Tenant shall deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the Term hereof first month Tenant is required to pay Base Rent) and the Security Deposit. At least ten (10) days prior to the Commencement Date, Tenant shall deliver to Landlord all insurance certificates evidencing the insurance required to be and consist of: (a) obtained by Tenant under Section 12 of this Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Fixed Base Rent specified in the Basic Lease Information, payable beginning in advance at Landlord’s address specified in the Basic Lease Information on the Rent Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of the Lease. In addition to the Base Rent set forth in Monthly Fixed Rent installments as specified the Basic Lease Information, Tenant shall pay Landlord in Paragraph 1(eadvance on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Sublease in advanceLease, as Additional Rent, Tenant’s Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses. The term “Rent” whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the waiver of the requirement to pay rental payments shall only apply to waiver of the Base Rent and Tenant shall otherwise perform all other obligations of Tenant required hereunder. The Rent for any fractional part of a calendar month at the commencement or termination of the Lease term shall be a prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. The prorated Rent shall be paid on or before the Commencement Date and the first day of each and every the calendar month during in which the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to date of termination occurs, as the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that case may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationbe.

Appears in 1 contract

Samples: Lease Agreement (Synplicity Inc)

Rent. The rent reserved under On the date that Tenant executes this Sublease Lease, Tenant shall deliver to Landlord the original executed Lease, the Advance Rent (which shall be applied against the Rent payable for the first month(s) Tenant is required to pay Rent), the Security Deposit, and all insurance certificates evidencing the insurance required to be Obtained by Tenant under Section 12 and Exhibit of this Lease. Tenant agrees to pay Landlord the Base Rent, without prior notice or demand, abatement, offset, deduction or claim except as expressly otherwise set forth herein, in advance at Landlord's Address on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of the Lease. In addition to the Base Rent, Tenant shall pay Landlord in advance on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease, as Additional Rent, Tenants Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses. The term "Rent" whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the waiver of the requirement to pay rental payments shall only apply to the waiver of the Base Rent. The Rent for any fractional part of a calendar month at the commencement or expiration or termination of the Lease Term shall be a prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. To the extent not already paid as part of the Advance Rent any prorated Rent shall be paid on the Commencement Date, and any prorated Rent for the final calendar month hereof shall be and consist of: (a) the Fixed Rent payable beginning paid on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every the calendar month during in which the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether date of expiration or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationtermination occurs.

Appears in 1 contract

Samples: Lease Agreement (New Focus Inc)

Rent. The rent reserved under this Sublease for the Term hereof rents shall be and consist of: of a Base Rent (aherein called ---- "Base Rent") the Fixed and Additional Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) (herein called "Additional Rent"). For purposes of this Sublease Lease Agreement, Base Rent and Additional Rent are referred to collectively as "Rent." Base Rent shall be the amount indicated in advance, the Basic Lease Information. Base Rent shall be payable in equal monthly installments in advance on or before the first day of each and every calendar month during the Term; plus term of this Lease (b) such additional rent (“Additional Rent”) in an amount equal except to the Expense Adjustment Amountextent otherwise specifically provided elsewhere in this Lease and except that Tenant shall pay, upon the execution and delivery of this Lease by Tenant, the sum indicated in the Basic Lease Information, to be applied against the first installment(s) of Base Rent becoming due under this Lease). Additional Rent shall consist of all charges for services and utilities supplied by Sublessor hereunder, and any other charges sums of money as shall become due from and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations Tenant to Landlord under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter providedLease. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States of America to Landlord at the address of Sublessor set forth at the head of this Sublease its office or to such other person and/or at such other address place, as Sublessor may from time to time Landlord shall designate by notice to SubtenantTenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than Tenant shall pay the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Base Rent and Additional Rent promptly when due under this Subleasewithout notice or demand and without any abatement, deduction or offset for any reason whatsoever, except as may otherwise be expressly provided hereinin this Lease. IfIf the Commencement Date occurs on a day other than the first day of a calendar month, the Base Rent for that partial calendar month shall be prorated on a daily basis. If the Basic Lease Information provides for the abatement of Base Rent for any specified periods of time during the term of the Lease ("Rent Free Period(s)"), none of the Base Rent specified in this Lease as payable during the Lease Term shall be allocable to any such Rent Free Period(s). In the event of a casualty or condemnationany default by Tenant, Sublessor is entitled Landlord shall have the right to a rent abatement pursuant to Paragraphs 10 or 26 of collect Rent for the Main Lease, Subtenant shall be entitled to a proportionate abatement Premises from Tenant for all Rent Free Period(s) at the same Base Rent in the Fixed effect immediately after any such Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationFree Period(s).

Appears in 1 contract

Samples: Lease Agreement (Virtual Mortgage Network Inc)

Rent. The rent reserved under this Sublease for Tenant covenants and agrees to pay unto Landlord the Term base net rentals in accordance with Exhibit C attached hereto and made a part hereof shall be commencing as of the date hereof and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during hereafter, in advance, through the Term; plus (b) entire term of this Lease, together with such additional rent (“Additional Rent”) increase of said annual and monthly fixed net rent, in an amount equal to accordance with the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) provisions of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable Lease as hereinafter provided. If Landlord so requires, Tenant shall make all or part of the rental payments directly to Landlord's lender provided Tenant receives written notice from Landlord directing Tenant to make such payments to lender. All rent due (including all sums payable as rent in accordance with the preceding paragraph and as hereinafter provided) shall be construed in every instance as an absolute net rent payable by Subtenant Tenant to Landlord. This Lease is an absolute net lease, and the annual rent and all other sums payable hereunder to or on behalf of Landlord shall be paid promptly when due, without notice or demand therefor, and without deductionsetoff, counterclaim, abatement, counterclaim suspension, deduction, or setoff of any amount or for any reason whatsoeverdefense. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during It is the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money express intent of the United States at parties hereto that the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated annual rent provided to be paid hereunder by Tenant to Landlord under the terms of Article 3 hereof shall be deemed an absolute net rent payable to Landlord and that Tenant shall, in any or all events and at its sole cost and expense and in addition to the said monthly rental, pay any and all other than items of expense in connection with the Premises of whatever nature, including but not limited to all taxes and assessments imposed by any governmental authority on account the Premises, the building now or hereafter existing thereon or attached thereto, the contents thereof, and the use thereof, together with the procurement and maintenance by Tenant of the earliest stipulated Fixed Rent insurance hereinafter specified. This Lease shall always be construed in order to effectuate the foregoing declared intent of the parties hereto. If Tenant or Additional Rent; nor Landlord shall any endorsement or statement on any check or letter so require, Landlord and Tenant shall enter into a memorandum of lease, which shall be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision recorded in the Main Lease referring appropriate land records in order to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to document the Fixed Rent terms and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationconditions hereof.

Appears in 1 contract

Samples: Agreement of Lease (Mony Group Inc)

Rent. The rent reserved under this Sublease for Tenant shall pay, during the entire Term hereof shall be and consist of: hereof, rental equal to (a) the Fixed Rent payable beginning on the Rent Commencement Date set forth in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advanceSection 1 hereof, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent all other charges as required under the terms and provisions of this Lease (the “Additional Rent”) in an amount equal , and, together with the Base Rent, referred to collectively as the Expense Adjustment Amount“Rent”), all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not equal monthly payments, as stated in Section 1, in advance on the same is designated as first (1st) day of each month. The Base Rent and the Additional RentRent shall commence on the Term Commencement Date. If, including, without limitationby reason of any provisions of this Lease, the reasonable expenses incurred by Sublessor in Rent reserved hereunder shall commence or terminate on any day other than the enforcement first (after default by Subtenant hereunder beyond applicable cure periods1st) day of any of a calendar month, the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit Rent for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional such calendar month shall be prorated on a daily basis using a 30 day calendar month. The Rent shall be payable to Landlord or, if Landlord shall so direct in writing, to Landlord’s agent or nominee, at the office of Landlord or such place as hereinafter providedLandlord may designate, without any setoff or deduction whatsoever. All rent Rent and any other sums due hereunder not paid within ten (10) days of the date due, no notice of non-payment being required, then Tenant shall pay to Lessor a late payment fee of five percent (5%) of the Rent then required to be paid. Tenant shall be required to pay a late payment fee only once for each delinquent installment. Landlord and Tenant acknowledge and agree that throughout the Term of this Lease, this Lease shall be deemed and construed to be a so-called “Gross” lease and Tenant shall pay to Landlord the Rent herein set forth, without abatement, deduction, counterclaim, defense or setoff, and, except as may be expressly stated otherwise in this Lease. Without limitation, Tenant shall not be relieved from its obligations to pay the Rent or any other charges and amounts payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of Tenant (in full) under any amount circumstances or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may be specifically provided otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationlease.

Appears in 1 contract

Samples: Form of Commercial Lease (GrowGeneration Corp.)

Rent. The rent reserved under this Sublease for the Term hereof shall be and consist of: (a) Fixed rent for the Fixed Rent payable beginning on Premises during the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) term of this Sublease Lease shall accrue as set forth in advance, on or before the first day of each this paragraph 4(a) and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as set forth in Schedule B. Fixed rent for the Premises shall accrue during the Initial Term at the rate of $32,436.00, during the portion of the Primary Term commencing on January 1, 1984 to and including February 28, 1985 at the rate of $451,013.06 per semi-annual rental period, thereafter during the Primary Term at the rate of $480,900.88 per semi-annual rental period and during each Extended Term, if any, at the rate of $367,492.38 per semi-annual rental period (such accrued fixed rent is hereinafter providedreferred to As Fixed Rent). All rent due Amounts in respect of Fixed Rent during the Initial Term, the Primary Term and payable by Subtenant hereunder each Extended Term, if any, shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during by Lessee to Lessor in immediately available funds in the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor amounts set forth in Schedule B (which payments are hereinafter referred to as Rent Payments) on the dates set forth therein (Payment Dates), at the head of this Sublease Lessor’s address as set forth above, or at such other address or to such other person and/or at such other address as Sublessor may Lessor from time to time designate may designate.. Lessee shall remain fully and unconditionally liable for the difference between (i) accrued Fixed Rent under this Lease and (ii) Rent Payments actually made in accordance with Schedule B (the aggregate amount of such difference, from time to time, is hereinafter referred to as Deferred Rent). At such time as any Rent Payment is in excess of accrued Fixed Rent for the period in respect of which such Rent Payment is made, Lessee’s unconditional liability for Deferred Rent shall thereupon be reduced by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated of such excess. If for any reason this Lease shall terminate prior to be paid hereunder the date on which the Primary Term is to expire, then, unless Lessee attorns to the lessor under the Master Lease and this Lease continues in full force and effect as a direct lease between Lessee and Master Lessor pursuant to the provisions of paragraph 25 hereof (in which case, Lessee shall be deemed other than remain fully and unconditionally liable for Deferred Rent), on account the date of the earliest stipulated Fixed Rent or Additional Rent; nor such termination, Lessee shall any endorsement or statement on any check or letter be deemed an accord and satisfactionpay to Lessor in immediately available funds, and Sublessor may accept any check or payment without prejudice in addition to Sublessor’s right to recover the balance due or to pursue any other remedy available amounts Lessee may be required to Sublessor. Any provision in pay to Lessor by the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent terms and Additional Rent due under provisions of this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationall unpaid Deferred Rent.

Appears in 1 contract

Samples: Sublease Agreement (Superior Essex Inc)

Rent. The rent reserved under this Sublease for 4.1 Tenant hereby agrees to pay Landlord the Term hereof Base Rent. For purposes of Rent adjustment hereunder, the number of months is measured from the first day of the calendar month in which the Initial Commencement Date falls. Each monthly installment (the "Monthly Rent") shall be and consist of: payable by check or by money order or by Federal Reserve Automated Clearing House (aACH) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments deposit to an account as specified in Paragraph 1(e) of this Sublease in advance, directed by Landlord by written notice to Tenant on or before the first day of each and every calendar month during the Term; plus month. Landlord agrees to accept payment by Federal Reserve Automated Clearing House (bACH) deposit only so long as such additional rent (“Additional Rent”) in an amount equal system is available for Landlord's use. In addition to the Expense Adjustment AmountBase Rent, all charges for services Tenant also agrees to pay Tenant's Share of Operating Expenses and utilities supplied by Sublessor hereunderTaxes (each as hereinafter defined), and any and all other charges sums of money as shall become due and payable by Subtenant hereunder whether or not Tenant as set forth in this Lease, all of which shall constitute additional rent under this Lease (the same is designated as "Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) "). All non-recurring payments of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall will be due and payable within as of the date that is thirty (30) days after Landlord's delivery of delivery an invoice therefor. Landlord expressly reserves the right to apply any payment received to Base Rent or any other items of Rent that are not paid by Sublessor to Subtenant of notice to pay Tenant. The Base Rent, the same. Fixed Monthly Rent and the Additional Rent are sometimes hereinafter collectively called "Rent" and shall be paid to Sublessor when due in lawful money of the United States at without demand, deduction, abatement, or offset, except to the address of Sublessor extent expressly set forth at herein, to the head of this Sublease addresses for the rental payment set forth in the Basic Lease Information, or to such other person and/or at such other address via ACH transfer or as Sublessor Landlord may designate from time to time designate by written notice delivered at least thirty (30) days prior to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account effective date of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationaddress change.

Appears in 1 contract

Samples: Lease Agreement (Penumbra Inc)

Rent. The rent reserved under this Sublease 3. Tenant covenants and agrees to pay to Landlord, as rental for the Term hereof shall be and consist of: (a) Leased Premises, rent according to the Fixed Rent payable beginning attached Schedule “B” in advance on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every full calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal term. All rentals payable by Tenant to Landlord under this lease agreement shall be paid to Landlord at the Expense Adjustment Amount, office of Landlord herein designated by it for notices. Tenant will promptly pay all charges for services rentals herein prescribed when and utilities supplied by Sublessor hereunder, and any other charges as the same shall become due and payable payable. If Landlord shall pay any monies or incur any expenses in correction of violation of covenants herein set forth which has not been corrected by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable Tenant within thirty (30) days of delivery by Sublessor to Subtenant of after written notice, the reasonable amounts so paid or incurred shall, at Landlord's option, and on notice to pay Tenant, be considered additional rentals, payable by Tenant with the samefirst installment of rental thereafter becoming due and payable, and may be collected or enforced as by law provided in respect of rentals. Fixed Rent Tenant shall deposit with Landlord the sum of $21,382.67 as security for the faithful performance and Additional Rent observance by Tenant of the terms, provisions and conditions of this lease agreement upon Landlord’s notice to Tenant that the contingency identified in Section 41 has been satisfied. It is agreed that in the event Tenant defaults in respect of any of the terms, provisions and conditions of this lease agreement, including, but not limited to, the payment of rent and additional rent and fails to cure such default after the expiration of any applicable grace or cure period, Landlord may use, apply or retain the whole or any part of the security so deposited to the extent required for the payment of any rent and additional rent, or any other sum as to which Landlord may expend or may be required to expend by reason of Tenant's default in respect of any of the terms, covenants and conditions of this lease agreement, including but not limited to, any damages or deficiency in the reletting of the Leased Premises, whether such damages or deficiency accrued before or after summary proceedings or other reentry by Landlord. If Landlord applies any part of said deposit to cure any default of Tenant, Tenant shall within five (5) days of demand deposit with Landlord the amount so applied so that Landlord shall have the full deposit on hand at all times during the term of this Lease. The security (or any remaining balance thereof after deduction as provided above) shall be paid returned to Sublessor in lawful money Tenant, without interest, within thirty (30) days after the date fixed as the end of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account lease agreement and after delivery of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice entire possession of the Leased Premises to Sublessor’s right to recover the balance due or to pursue any other remedy available to SublessorLandlord. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in In the event of a casualty sale or condemnationlease of the Office Building, Sublessor of which the Leased Premises form a part, Landlord shall transfer the security to the vendee and Landlord shall thereupon be released by Tenant from all liability for the return of such security, and Tenant agrees to look to the new Landlord solely for the return of said security, and it is entitled agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a rent abatement pursuant new Landlord. Tenant further covenants that it will not assign or encumber or attempt to Paragraphs 10 assign or 26 of encumber the Main Lease, Subtenant monies deposited herein as security and that neither Landlord nor its successors or assigns shall be entitled to a proportionate abatement in the Fixed Rent due under this Subleasebound by any such assignment, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty encumbrance, attempted assignment or condemnationattempted encumbrance.

Appears in 1 contract

Samples: Office Lease Agreement (Advanced Cell Technology, Inc.)

Rent. The rent reserved under On the date that Tenant executes this Sublease Lease, Tenant shall deliver ---- to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the Term hereof shall first month Tenant is required to pay Base Rent), the Security Deposit, and all insurance certificates evidencing the insurance required to be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) obtained by Tenant under Section 12 of this Sublease Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Base Rent described on Page 1, payable in advance, advance at Landlord's address shown on or before Page 1 on the first day of each and every calendar month during throughout the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal term of the Lease. In addition to the Expense Adjustment AmountBase Rent set forth on Page 1, Tenant shall pay Landlord in advance and on the first (1st) day of each month throughout the term of this Lease (including any extensions of such term), as Additional Rent Tenant's share, as set forth on Page 1, of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, and Administrative Expenses all charges for services in the manner as specified in Sections 6.1, 6.2, 6.3, 6.4 and utilities supplied by Sublessor 7 of this Lease, respectively. Additionally, Tenant shall pay to Landlord as Additional Rent hereunder, immediately on Landlord's demand therefor, any and any other charges as shall become due all reasonable and payable actual costs and expenses incurred by Subtenant hereunder whether or not Landlord to enforce the same is designated as Additional Rentprovisions of this Lease, including, without limitationbut not limited to, costs associated with any proposed assignment or subletting of all or any portion of the Premises by Tenant, costs associated with the delivery of notices, delivery and recordation of notice(s) of default, attorneys' fees, expert fees, court costs and filing fees (collectively, the reasonable expenses incurred by Sublessor "Enforcement Expenses"). The term "Rent" whenever used herein refers to the aggregate of all these amounts. Except as otherwise provided in Addendum 1. If Landlord permits Tenant to occupy the enforcement (after default by Subtenant hereunder beyond applicable cure periods) Premises without requiring Tenant to pay rental payments for a period of any time, the waiver of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary requirement to obtain the possession pay rental payments shall only apply to waiver of the Subleased Premises Base Rent and Tenant shall otherwise perform all other obligations of Tenant hereunder, including, but not limited to paying to Landlord any and all amounts considered additional rent, such as Tenant's share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, and Administrative Expenses. If, at any time, Tenant is in default of or otherwise breaches any term, condition or provision of this Lease, any such waiver by Landlord of Tenant's requirement to collect the rent; which Additional Rent pay rental payments shall be payable as hereinafter providednull and void and Tenant shall immediately pay to Landlord all rental payments waived by Landlord. All rent due and payable by Subtenant hereunder The Rent for any fractional part of a calendar month at the commencement or termination of the Lease term shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff a prorated amount of any amount or the Rent for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within full calendar month based upon a thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the sameday month. Fixed Rent and Additional The prorated Rent shall be paid to Sublessor in lawful money on the Commencement Date and the first day of the United States at calendar month in which the address date of Sublessor set forth at termination occurs, as the head of this Sublease or to such other person and/or at such other address as Sublessor case may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationbe.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Rent. Concessionaire shall pay, without offset, deduction, prior notice, or demand, as "Minimum Annual Rent” the sum of [annual rent guarantee as bid] or [percentage of rent as bid] of gross receipts, whichever sum is greater. Beginning with Contract Year Six (6) and on the first day of each fifth Contract Year thereafter, the Minimum Annual Rent shall be adjusted to reflect changes in the Consumer Price Index (CPI). Such CPI adjustments shall be made in accordance with the procedure set forth in Exhibit G, attached to and made a part of this Contract. Concessionaire shall make payment of Minimum Annual Rent and other payments to State in lawful money of the United States. However, if any payment made by a check, draft, or money order is returned to State due to insufficient funds or otherwise, State shall have the right, at any time after the return, upon written notice to Concessionaire, to require Concessionaire to make all subsequent payments in cash or by cashier's or certified check. Beginning with the fifteenth (15th) day of the month following the execution of the Contract and on or before the fifteenth (15th) day of each month thereafter, Concessionaire shall furnish to State a verified statement of the concession’s gross receipts for the preceding month. Such statement shall be submitted on Form DPR 54, Concessionaire's Monthly Report of Operation, attached hereto as Exhibit B, or in a format previously approved by the State, and shall specify the current period and cumulative total of gross receipts for the concession through the end of the preceding month for the then current Contract Year. Concessionaire shall also provide such statement for periods of non-operation. Concurrent with such monthly statement, the Concessionaire shall pay to State the appropriate rental fee based on the gross receipts for the preceding calendar month as prescribed above. Payments to State shall be made to the order of the Department of Parks and Recreation and delivered to the District Office identified herein below or at such other location as may from time to time be designated by State. If, at the end of the Contract Year, the total of monthly percentage rental payments made (or due) during that Contract Year is less than the Minimum Annual Rent required for that Contract Year, the difference shall be remitted to State with the last monthly sales statement for the Contract Year. Payments must be received by State on or before the fifteenth (15th) day of the month as described above. Any late payment shall constitute a breach of contract, giving rise to State's remedies as set forth below. Further, any late payment will be subject to a late penalty consisting of an administrative charge on the late amount, calculated at the rate of five percent (5%) of the amount of the late payment or portion thereof. The rent reserved parties agree that the late charge represents a fair and reasonable estimate of the costs State will incur because of late payment. Acceptance of the late charge by State shall not constitute a waiver of Concessionaire's default for the overdue amount, nor prevent State from exercising the other rights and remedies granted under this Sublease Contract. Concessionaire shall pay the late charge as additional rent with the next monthly rent payment. Any amount due to State, if not paid within five (5) days following the due date, will bear interest from the due date until paid at the rate of ten percent (10%) per year. However, interest shall not be payable on late charges incurred by Concessionaire. Payment of interest shall not excuse or cure any default by Concessionaire. Upon written request by the Concessionaire to State demonstrating unusual or extenuating circumstances causing the late payment, the State, in its sole discretion, may waive the late charge. Further, in the event Concessionaire is prevented from carrying on the operations contemplated herein by reason of an Act of Nature or other reasons beyond Concessionaire's control, and when requested in writing in advance by Concessionaire, Minimum Rent may be abated in proportion to the amount by which gross receipts are reduced by the occurrence for such period of reduced or non- operation, as determined in the Term hereof sole discretion of State. If this Contract is terminated by State because of Concessionaire's default, and if Concessionaire becomes liable for any deficiency in rent and/or fees by way of damages or otherwise, or if at any time during the Contract term Concessionaire ceases to conduct in the Premises the business referred to herein below, then from and after the time of the breach causing this termination, or from and after the time of the cessation of business, all unpaid rent and/or fees prior to the breach causing termination or cessation of business shall become due and payable. The amount due shall be and consist deemed to be the greater of: (a) the Fixed Minimum Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advanceprovided herein, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to based upon the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any average of the agreementspayments that have accrued to State as percentage rent during the twenty-four (24) months preceding the termination or cessation of business, covenants, unless the termination or obligations under this Sublease and including reasonable legal fees that may accrue cessation occurs within three (after default by Subtenant hereunder beyond applicable cure periods3) in the event suit for rent or dispossess proceedings are necessary to obtain the possession years of the Subleased Premises beginning of the Contract term, in which event the previous twelve (12) (or to collect the rent; which Additional Rent fewer, if applicable) months shall be payable used as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly the basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationaverage.

Appears in 1 contract

Samples: www.bidnet.com

Rent. The All rent reserved under this Sublease is payable through the Tenant’s Resident Portal Account, or such other place or address designated by Landlord. Tenant, in return for the use of the Unit and in consideration of the terms, conditions, covenants, and provisions contained herein, shall pay Landlord the sum of , without offset or deduction (the “Rent”). Tenant hereby acknowledges that the Term hereof of this Lease may be less than a full calendar year, and the Rent has been allocated into installments of . Monthly Rent, together with any other payment of Rent due together therewith shall be and consist ofpayable in advance without further notice, demand or deduction as follows: The first (a1st) installment of monthly Rent shall be due on or before the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed and all payments of monthly Rent installments as specified in Paragraph 1(e) of this Sublease in advance, due thereafter shall be paid on or before the first (1st) day of each and every calendar month during the entire Term; plus (b) such additional rent (“Additional Rent”) in an amount equal . Time is of the essence and Rent is past due if not ACTUALLY RECEIVED by Landlord on or before the due date. The first installment of monthly Rent . Tenant's obligation to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as pay Rent shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) be independent of any of Landlord's obligations hereunder. To the agreementsextent that Tenant is required or obligated to pay any amounts hereunder to or for the benefit of Landlord, covenantswhich shall be in addition to the monthly scheduled Rent as provided above, or obligations under this Sublease such amounts shall be deemed and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) considered as additional Rent, and in all respects intended to be included and considered as "Rent", as such term is defined in the event suit for rent Act. Should any Rent or dispossess proceedings are necessary to obtain additional Rent be due, outstanding, unpaid or accrued at the possession time of the Subleased Premises expiration or earlier termination of this Agreement, the duty, liability and obligation of Tenant to collect pay the rent; which Additional Rent same shall be payable as hereinafter providedsurvive such expiration or termination. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other monthly charges payable hereunder, which are not due and payable will be listed on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationseparate addenda.

Appears in 1 contract

Samples: Rental Agreement

Rent. The rent reserved under this Sublease A. During each calendar year, or portion thereof, falling within the Lease Term, Tenant shall pay to Landlord as Additional Base Rental hereunder Tenant's Pro Rata Share of Basic Costs (as defined below) for the Term hereof shall be and consist of: (a) applicable calendar year. Prior to the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments and prior to January 1 of each calendar year during the Lease Term, or as specified in Paragraph 1(e) soon thereafter as practical, Landlord shall make a good faith estimate of this Sublease in advance, on Basic Costs for the applicable calendar year and Tenant's Pro Rata Share thereof. On or before the first day of each month during such calendar year, Tenant shall pay to Landlord, as Additional Base Rental, a monthly installment equal to one-twelfth of Tenant's Pro Rata Share of Landlord's estimate of Basic Costs. Landlord shall have the right from time to time during any such calendar year to revise the estimate of Basic Costs for such year and every provide Tenant with a revised statement therefor, and thereafter the amount Tenant shall pay each month shall be based upon such revised estimate. If Landlord does not provide Tenant with an estimate of the Basic Costs by January 1 of any calendar year, Tenant shall continue to pay a monthly installment based on the previous year's estimate until such time as Landlord provides Tenant with an estimate of Basic Costs for the current year. Upon receipt of such current year's estimate, an adjustment shall be made for any month during the Term; plus current year with respect to which Tenant paid monthly installments of Additional Base Rental based on the previous year's estimate. Tenant shall pay to Landlord for any underpayment within ten (b10) days after demand. Any overpayment shall, at Landlord's option, be refunded to Tenant or credited against the installment of Additional Base Rental due for the months immediately following the furnishing of such additional rent (“Additional Rent”) in an amount equal estimate. Any amounts paid by Tenant based on any estimate shall be subject to adjustment pursuant to the Expense Adjustment Amountimmediately following paragraph when actual Basic Costs are determined for such calendar year. As soon as is practical following the end of each calendar year during the Lease Term, all charges Landlord shall furnish to Tenant a statement of Landlord's actual Basic Costs for services and utilities supplied the previous calendar year. If the amount of estimated Basic Costs actually paid by Sublessor Tenant for the prior year is in excess of Tenant's actual Pro Rata Share of Basic Costs for such prior year, then Landlord shall apply such overpayment against Additional Base Rental due or to become due hereunder, and provided if the Lease Term expires prior to the determination of such overpayment, Landlord shall refund such overpayment to Tenant after first deducting the amount of any other charges as Rent due hereunder. Likewise, Tenant shall become due and payable by Subtenant hereunder pay to Landlord, within ten (10) days after demand, any underpayment with respect to the prior year, whether or not the same is designated as Additional RentLease has terminated prior to receipt by Tenant of a statement for such underpayment, including, without limitation, it being understood that this clause shall survive the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any expiration of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.

Appears in 1 contract

Samples: Office Lease Agreement (Aht Corp)

Rent. The Trustee is not obligated to pay any rent reserved under this Sublease Site Lease. The consideration to the Site Lessor for the right to use the Leased Property during the Site Lease Term hereof shall be and consist of: (a) is the Fixed Rent payable beginning on deposit of proceeds of the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) Series 2017J Certificates into the Project Account held by the Trustee under the Indenture to finance the Project of the Site Lessor or a charter school for which the Site Lessor is the Chartering Authority. The provisions of Article IV of this Sublease Site Lease are intended to assure that the State or another lessee, sublessee or assignee pays Additional Rent in advance, on accordance with the 2017J Lease or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment AmountAdditional Rent that would have been paid under the 2017J Lease under another instrument executed and delivered pursuant to Article IV of this Site Lease. TITLE TO LEASED PROPERTY; ENCUMBRANCES, all charges EASEMENTS, MODIFICATIONS, SUBSTITUTION, DAMAGE, PERSONAL PROPERTY Title to Leased Property. Title to the Leased Property shall be held in the name of the Site Lessor, subject to this Site Lease, the 2017J Lease and the Sublease of the Site Lessor or a charter school for services which the Site Lessor is the Chartering Authority. Limitations on Disposition of and utilities supplied by Sublessor hereunderEncumbrances on Leased Property. Except as otherwise permitted in this Article or Article VII or VIII hereof and except for Permitted Encumbrances, the Site Lessor shall not sell, assign, transfer or convey any portion of or any interest in the Leased Property or directly or indirectly create, incur or assume any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Property. Granting of Easements. The Site Lessor shall, at the request of the Trustee or the State consent to grants of easements, licenses, rights‑of‑way and any other charges as shall become due and payable by Subtenant hereunder whether rights or not privileges in the nature of easements with respect to the Leased Property on the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor terms and in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any same manner as the Trustee is required to do so pursuant to Section 7.03 of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main 2017J Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.

Appears in 1 contract

Samples: www.cde.state.co.us

Rent. The rent reserved Rent under this Sublease the Leases shall be prorated to Transferee for the Term hereof shall be period on and consist of: after the Closing Date (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) "Transferee's Ownership Period"), regardless of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not such rent has been paid to the same Transferors. With respect to any rent arrearages arising under the Leases, after Closing Transferee shall pay to the Transferors any rent actually collected by Transferee which is designated as Additional Rentapplicable to the period preceding the Closing Date ("Transferor's Ownership Period"); provided, includinghowever, without limitationthat all rent collected by Transferee shall be applied first to all unpaid rent accruing during Transferee's Ownership Period, and then to unpaid rent accruing during Transferors' Ownership Period. After Closing, Transferee shall take reasonable steps to recover any rent arrearages for the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any benefit of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this SubleaseTransferors, provided that Subtenant’s possession in no event shall Transferee be required to institute any lawsuit or unlawful detainer action, and provided further that the Transferors shall pay to Transferee all amounts reasonably incurred by Transferee in collecting such amounts. If the Transferors do not pay such reasonable collection costs, Transferee may offset such reasonable costs against any rent arrearages collected. The Transferors shall not be permitted to take any steps to recover any rent arrearages, provided that the Transferors shall have the right to file an action prior to the Closing Date (and prosecute such action after the Closing Date) to recover from a Tenant any rent arrearages or other damages, so long as such action does not seek a termination of the Subleased Premises Lease, and the Transferors shall have the right after the Closing Date to sue x Xenant at such time as such Tenant is affected by such casualty no longer a tenant of the Property or condemnation.any portion thereof. To the extent that any Transferor receives prior to the Closing Date any percentage rent payments that are attributable to the period on or after the

Appears in 1 contract

Samples: Contribution Agreement (Spieker Properties Inc)

Rent. The In consideration of this lease. Tenant promises and agrees to pay Landlord rent reserved under this Sublease for said premises at the Term hereof rate of $3,643.58 per month. One such monthly installment together with a security deposit equal to 3,000.00 shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease by Tenant to Landlord in advance, without demand, upon Tenant's execution of this lease, and like a monthly installment shall be due and payable on or before the first day of each and every succeeding calendar month during the Term; plus (b) term hereof. Rent for any fractional month at the beginning or end of the lease term shall be prorated. The security deposit shall be held by Landlord as security for the performance by Tenant of Tenant's covenants and obligations under this lease, it being expressly understood that such deposit shall not be considered an advance payment of rental or a measure of Landlord's damages in case of default by Tenant. Upon the occurrence of any event of default by Tenant, Landlord may, from time to time, without prejudice to any other remedy, use such deposit to the extent necessary to make any good any arrearages of rent and any other damage, injury, expense, or liability caused to Landlord by such event of default. Following any such application of the security deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the security deposit to its original amount. If Tenant is not then in default hereunder, any remaining balance of such deposit shall be returned by Landlord to Tenant upon termination of this lease. If Landlord transfers its interest in the demised premises during the lease term, Landlord shall assign the security deposit to the transferee and thereafter shall have no further liability for the return of such security deposit. In the event Tenant fails to pay any installment of rent or other incurred expense hereunder as and when such installment is due, to help defray the additional rent (“Additional Rent”) cost to Landlord for processing such late payments Tenant shall pay Landlord on demand a late charge in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement five percent (after default by Subtenant hereunder beyond applicable cure periods5%) of any of such installment; and the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue failure to pay such amount within ten (10) days after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent demand therefor shall be payable as hereinafter providedan event of default hereunder. All rent due and payable by Subtenant hereunder The provision for such late charge shall be paid promptly when due, without notice in addition to all of Landlord's other rights and remedies hereunder or demand therefor, at law and without deduction, abatement, counterclaim shall not be construed as liquidated damages or setoff of as limiting Landlord's remedies in any amount or for any reason whatsoevermanner. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation2.

Appears in 1 contract

Samples: Lease Agreement (Grand Slam Licensing Inc)

Rent. The rent reserved under this Sublease for the Term hereof Section 4.1 Tenant shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal pay to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, includingLandlord, without limitationnotice, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreementsdemand, covenants, offset or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States of America, at the address of Sublessor set forth at the head of this Sublease Landlord’s Address for Payment, or to such other person and/or at such other address place or in such other manner as Sublessor may Landlord shall designate in writing from time to time designate by notice to Subtenanttime: (a) the Base Rent in equal monthly installments, in advance, on the first day of each calendar month during the Term, and (b) the Additional Rent, at the respective times required hereunder. No payment by Subtenant or receipt by Sublessor of any lesser amount If the Commencement Date falls on a date other than the amount stipulated to be paid hereunder first day of a calendar month, the Rent due for such fractional month shall be deemed prorated on a per diem basis for the portion of such fractional month falling within the Term. Notwithstanding anything contained in this Lease to the contrary and provided no monetary or material non-monetary Event of Default exists hereunder, Tenant shall not be obligated to pay Base Rent or Tenant’s Operating Costs Payment due for the period beginning on March 1, 2006 and continuing through June 30, 2007. The total amount of Base Rent and Tenant’s Operating Costs Payment abated hereunder is collectively referred to herein as the “Abated Rent”. If at any time during the forgoing abatement period, a monetary or material non-monetary Event of Default has occurred under this Lease, then in addition to all other than on account rights, powers and remedies available to Landlord under this Lease, the abatement of Base Rent and Tenant’s Operating Cost Payment provided to Tenant in this Section 4.1 shall terminate upon written notice from Landlord and Tenant shall pay all Base Rent and Tenant’s Operating Cost Payment which would have accrued and been paid after such termination of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord abatement (but for the abatement herein permitted) as and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover when they become due. Notwithstanding the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. Ifforegoing, in the event that such monetary or material non-monetary Event of a casualty or condemnation, Sublessor Default is entitled to a rent abatement pursuant to Paragraphs 10 or 26 thereafter cured in accordance with the terms of the Main this Lease, Subtenant the foregoing abatement shall be entitled resume such that Tenant receives (when added to any abatement already received hereunder) a proportionate full sixteen (16) months of abatement of Base Rent and Tenant’s Operating Cost Payment. If Landlord fails to review and approve the Plans or Tenant’s Contractors within the timeframes specified in the Fixed Rent due under this Sublease, provided that Subtenant’s Exhibit D and/or if Landlord fails to deliver possession of the Subleased Premises is affected to Tenant on the date Landlord and Tenant execute this Lease and/or Landlord fails to otherwise fulfill its obligations specified in Exhibit D and such failure or failures result in a delay in the completion of the Leasehold Improvements beyond March 1, 2006, the Commencement Date shall be delayed one day for each day of delay caused by such casualty or condemnationLandlord and the Abated Rent shall be revised to begin on the Commencement Date and continue for sixteen (16) full months thereafter.

Appears in 1 contract

Samples: Lease Agreement (Deerfield Capital Corp.)

Rent. The rent reserved under On the date that Tenant executes this Sublease Lease, Tenant shall deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the first month Tenant is required to pay Base Rent), the Security Deposit, and within ten (10) days thereafter, all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 of this Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Base Rent specified in the Basic Lease Information, payable in advance at Landlord's address specified in the Basic Lease Information on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term hereof of the Lease. In addition to the Base Rent set forth in the Basic Lease Information, Tenant shall pay Landlord in advance on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease, as Additional Rent, Tenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses. The term "Rent" whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the waiver of the requirement to pay rental payments shall only apply to waiver of the Base Rent and Tenant shall otherwise perform all other obligations of Tenant required hereunder. The Rent for any fractional part of a calendar month at the commencement or termination of the Lease term shall be and consist of: a prorated amount of the Rent for a full calendar month based upon a thirty (a30) the Fixed day month. The prorated Rent payable beginning shall be paid on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before and the first day of each and every the calendar month during in which the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to date of termination occurs, as the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that case may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationbe.

Appears in 1 contract

Samples: Lease Agreement (Ditech Corp)

Rent. The rent reserved under this Sublease for the Term hereof Tenant shall be and consist of: pay Rent to Landlord (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable such Person as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis Landlord may direct (in writing)) during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder America which shall be deemed other than on account legal tender for the payment of the earliest stipulated Fixed Rent public and private debts, without offset, abatement, demand or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Subleasededuction, except as may otherwise hereinafter expressly provided. All payments of Rent to Landlord shall be expressly provided hereinmade by wire transfer of immediately available federal funds or by other means acceptable to Landlord in its sole discretion. IfBase Rent for any partial month shall be prorated on a per diem basis based on a 360 day year and the twelve (12) thirty (30) day months. In addition, if directed to do so by Landlord in writing, Tenant shall pay a portion of the Base Rent directly to any Facility Mortgagee in an amount specified in such Notice to Tenant. Notwithstanding the foregoing, if, in connection with the Existing Facility Mortgage, Landlord is unable to obtain from the Facility Mortgagee an agreement not to disturb Tenant's right to possession in the event of a casualty foreclosure of such Existing Facility Mortgage, then Tenant shall have the right, at Tenant's sole election, to pay directly to the Facility Mortgagee all monthly payments due and payable or condemnationotherwise required thereunder. If Tenant elects to make such payments directly to the Facility Mortgagee, Sublessor is entitled then (i) upon each monthly payment Tenant shall simultaneously therewith deliver to Landlord evidence reasonably acceptable to Landlord that such payment was made, and (ii) Tenant hereby agrees to indemnify, defend and hold harmless Landlord from any claims, losses or damages that Landlord suffers as a rent abatement pursuant to Paragraphs 10 result of any failure, default or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement defect in the Fixed Rent due Tenant's making such payment on Landlord's behalf. Any payments made directly by Tenant under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected Paragraph may be off-set against Base Rent payable by Tenant during such casualty or condemnationcalendar month.

Appears in 1 contract

Samples: Property Lease Agreement (Brookdale Senior Living Inc.)

Rent. The Collected rent reserved under this Sublease for the Term hereof Leases shall be apportioned as of the Closing Date. With respect to any rent which is uncollected as of the Closing Date, after Closing Buyer shall pay to Seller any rent actually collected which is applicable to the period preceding the Closing Date, provided, however, that all rent collected by Buyer shall be applied first to all unpaid rent accruing after the Closing Date, and consist of: then to unpaid rent accruing prior to the Closing Date. Buyer shall not be obligated to take any steps to recover any rent arrearages. Seller shall be permitted to pursue collection of any rent arrearages applicable to the period prior to the Closing, provided that Buyer shall not incur any, and Seller shall indemnify Buyer against all cost, expense or liability in connection therewith, and provided further that Seller shall not commence any legal or equitable proceedings in the nature of an unlawful detainer, eviction or other proceeding which seek to terminate any tenant's right of possession of its leased premises or result in a lien or encumbrance on such leased premises. If any tenants are required to pay percentage rent, escalation charges for real estate taxes, operating expenses, CPI adjustments or other charges of a similar nature (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“"Additional Rent") and any Additional Rent is collected by Buyer or Seller which is attributable in an amount equal whole or in part to any period during which the respective party did not own the Property, such party shall promptly pay to the Expense Adjustment Amountother party the other party's proportionate share thereof, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) less a proportionate share of any reasonable attorney's fees, costs and expenses of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoevercollection thereof. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, collected by Buyer shall be due applied first to unpaid Additional Rent accruing after the Closing Date, and payable within thirty (30) days then to unpaid Additional Rent accruing prior to the Closing Date. If tenants pay Additional Rent on an estimated basis, then promptly following the end of delivery by Sublessor to Subtenant the underlying fiscal period Buyer shall reconcile actual expenses 7 with tenants' estimated payments of notice to pay the same. Fixed Additional Rent and Additional Rent any net debit or credit to the landlord resulting from such reconciliation shall be apportioned between Buyer and Seller. Any sums received from the tenant on account of the termination of the United States Postal Service lease shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationSeller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pacific Gulf Properties Inc)

Rent. Tenant shall pay to Landlord in lawful United States currency the Base Rent. The rent reserved under this Sublease Base Rent for the Term hereof each Period shall be and consist of: (a) the Fixed Rent payable beginning in equal monthly installments, due on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) first day of this Sublease each calendar month, in advance, in legal tender of the United States of America, without abatement, demand, deduction or offset whatsoever. One full monthly installment of Base Rent shall be due and payable on the Effective Date and shall be applied to the first month's Base Rent, and a like monthly installment of Base Rent shall be due and payable on or before the first day of each and every calendar month following the first calendar month after the Commencement Date during the Term; plus Lease Term hereof (b) such additional rent (“Additional Rent”) in an amount equal provided, that if the Commencement Date should be a date other than the first day of a calendar month, the monthly Base Rent installment paid on the date of execution of this Lease by Tenant shall be prorated to the Expense Adjustment Amountfirst calendar month, and the excess shall be applied as a credit against the next monthly Base Rent installment). Unless otherwise expressly provided, all charges for services and utilities supplied by Sublessor hereundermonetary obligations of Tenant to Landlord under this Lease, and of any type or nature, other charges as than Base Rent, shall become due and payable by Subtenant hereunder whether or not the same is designated be denominated as Additional Rent. Except as otherwise provided, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which all Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty ten (3010) days from Tenant’s receipt of delivery an invoice from Landlord setting forth such costs. Tenant shall pay monthly to Landlord any sales, use, or other tax (excluding state and federal income tax) now or hereafter imposed on any Rent due under this Lease so long as such taxes are itemized in invoices presented by Sublessor Landlord to Subtenant of notice to pay the sameTenant. Fixed Rent and Additional All Rent shall be paid to Sublessor Landlord without demand, setoff, or deduction whatsoever, except as specifically provided in lawful money of the United States this Lease, at the Landlord’ address of Sublessor as set forth at the head in Section 28.1 of this Sublease Lease, or to such other person and/or at such other address place as Sublessor may from time Landlord shall designate in writing to time designate by notice Tenant. Tenant’s obligations to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account pay Rent are covenants independent of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to SublessorLandlord’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due obligations under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.

Appears in 1 contract

Samples: Commercial Lease (Net Element International, Inc.)

Rent. The rent reserved under On the date that Tenant executes this Sublease Lease, Tenant shall deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the first month Tenant is required to pay Base Rent), the Security Deposit, and all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 of this Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Base Rent specified in the Basic Lease Information, payable in advance at Landlord's address specified in the Basic Lease Information on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term hereof of the Lease. In addition to the Base Rent set forth in the Basic Lease Information, Tenant shall pay Landlord in advance on the Commencement Date and thereafter on the first (1st) day of each month, as set forth in Section 6.3 hereof, throughout the balance of the Term of this Lease, as Additional Rent, Tenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses. Tenant shall also pay to Landlord as Additional Rent hereunder, immediately on Landlord's demand therefor, any and all costs and expenses incurred by Landlord to enforce the provisions of this Lease, including, but not limited to, costs associated with the delivery of notices, delivery and recordation of notice(s) of default, attorneys' fees, expert fees, court costs and filing fees (collectively, the "Enforcement Expenses"). The term "Rent" whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the waiver of the requirement to pay rental payments shall only apply to waiver of the Base Rent and Tenant shall otherwise perform all other obligations of Tenant required hereunder. The Rent for any fractional part of a calendar month at the commencement or termination of the Lease term shall be and consist of: a prorated amount of the Rent for a full calendar month based upon a thirty (a30) the Fixed day month. The prorated Rent payable beginning shall be paid on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before and the first day of each and every the calendar month during in which the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to date of termination occurs, as the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that case may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationbe.

Appears in 1 contract

Samples: Lease Agreement (Pri Automation Inc)

Rent. The Lessee covenants to pay to Lessor as a net minimum rent reserved under this Sublease (the "Fixed Rent") during the Lease Term the sum of TWO HUNDRED SEVENTY THOUSAND DOLLARS ($270,000.00) per annum for the Term hereof principal of the Lease Term, or the sum of TWENTY TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500.00) per month. The Fixed Rent shall be and consist of: (a) the Fixed Rent payable beginning in advance in equal monthly installments on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month. If the Lease Term does not commence on the first day of a month, the Fixed Rent for the month during in which the Term; plus (b) such additional rent (“Additional Rent”) Lease Term commences shall be appropriately apportioned. The first installment of Fixed Rent shall be paid simultaneously with the execution of this Lease. Each date on which Fixed Rent is payable hereunder is hereinafter referred to as a "Rent Payment Date". Lessee also covenants to pay, from time to time as provided in an amount equal to the Expense Adjustment Amountthis Lease, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent: all other amounts and obligations which Lessee assumes or agrees to pay under this Lease; interest at the rate of ten percent per annum on such of the foregoing amounts and obligations as are payable to the Lessor and are not paid within ten days after the due date (or, includingif a demand therefore is required by the terms of this Lease, without limitationwithin ten days after such demand), from the reasonable expenses incurred by Sublessor due date or such demand, as the case may be, until the payment thereof; and interest at the rate of ten percent per annum on all installments of Fixed Rent not paid on the due date, from the due date until paid. If Lessee fails to pay any such Additional Rent, Lessor shall have all the rights, powers and remedies provided for in this Lease or at law or in equity or otherwise in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) case of any nonpayment of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent (collectively hereinafter referred to as "Rent") shall be paid in such coin or currency (or, subject to Sublessor collection, by good check payable in lawful money such coin or currency) of the United States of America as at the address time shall be legal tender for the payment of Sublessor public and private debts, at the office of Lessor as set forth above, or at the head of this Sublease or such place and to such other person and/or at such other address as Sublessor may Lessor from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationdesignate.

Appears in 1 contract

Samples: Lease (Total Identity Corp)

Rent. The rent reserved under Throughout the term of this Sublease for Lease, Tenant shall pay to Landlord, without demand, deduction, set-off or counterclaim, the Term hereof rent, which is hereby defined as the sum of the Minimum Rent and all additional rent, when and as the same shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable hereunder. Unless otherwise stated, all sums of money or charges of any kind or nature in addition to Minimum Rent payable by Subtenant hereunder whether Tenant to Landlord pursuant to this Lease or not the exhibits attached hereto are defined as "additional rent" and are due ten (10) days after demand, without any deduction, set-off or counterclaim, and failure to pay such sums of money or charges shall carry the same consequences as Tenant's failure to pay rent. All payments and charges required to be made by Tenant to Landlord hereunder shall be payable in United States funds, at the address to be provided by Landlord or Xxxxxxxx’s representative and may be changed from time to time written notice from Landlord to Tenant. If Landlord shall incur any charge or expense on behalf of Tenant under the terms of this Lease, or Landlord elects to cure any default of Tenant under this Lease, or is designated as Additional Rent, forced to incur any other expense arising from a default by Tenant (including, without limitation, the reasonable expenses incurred by Sublessor attorneys' fees and disbursements in the enforcement (after default by Subtenant hereunder beyond applicable cure periodsinstituting, prosecuting or defending any suits, actions or proceedings [including any bankruptcy or insolvency proceedings]) of any of the agreements, covenants, or obligations to enforce Landlord's right under this Sublease Lease, the sums so paid by Landlord with all interest (at the rate set forth in Section 3.05 hereof), costs and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder damages shall be paid promptly when due, without notice or by Tenant to Landlord upon written demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are if not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be immediately paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer be additional rent, and in addition to and not in limitation of any other rights and remedies which Landlord may have in case of the failure by Tenant to pay such sums when due, such non-payment shall entitle Landlord to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event remedies available to it hereunder for non-payment of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationrent.

Appears in 1 contract

Samples: f01.justanswer.com

Rent. The To the extent collected by Nine Penn Owner prior to Closing, the “minimum” or “base” rent reserved paid by tenants under this Sublease the Assignable Leases for the Term hereof calendar month in which the Closing occurs shall be prorated between Purchaser and consist of: (a) the Fixed Rent payable beginning Seller on the basis of the number of days of such month the Membership Interests will have been owned by Purchaser and Seller, respectively. At Closing Purchaser shall receive a credit against the Purchase Price for all “minimum” or “base” rent paid by tenants under the Assignable Leases for the period following the calendar month in which the Closing occurs, to the extent collected by Nine Penn Owner prior to Closing. There shall be no proration of any rent which is delinquent as of the Closing Date. Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, collected on or before after the Closing Date shall be applied first to the month of Closing, then to any delinquency existing for the period thereafter and then to any delinquency for the period prior to Closing. Purchaser shall cause any rent applicable to the period prior to Closing to be remitted to Seller if, as, and when collected by Purchaser. If Seller receives any rent following Closing, then Seller shall cause any rent applicable to the period following Closing to be remitted to Purchaser if, as, and when collected by Seller. At Closing, Seller shall deliver to Purchaser a schedule of all delinquent rent. In the event any delinquent rent is omitted from such schedule, Seller shall not be deemed to have waived its rights to such rent. Purchaser shall cause Nine Penn owner to include the amount of delinquent rent in the first day bills thereafter submitted to the tenants in question after the Closing, and shall continue to do so for three (3) months thereafter. Purchaser shall promptly deliver to Seller a copy of each such xxxx submitted to tenants. After such three (3) month period following Closing, Purchaser will cause Nine Penn Owner to use commercially reasonable efforts to pursue remedies directly against delinquent tenants, but shall in no event be obligated to xxx to evict or otherwise dispossess such tenants and every calendar month during shall not be required to continue to pursue such remedies against such tenants after the Term; plus date that is eighteen (b18) months after the Closing Date. Any percentage rent collected in connection with any Assignable Leases shall be prorated at Closing in the same manner as “minimum” and “base” rent above but shall be subject to reproration after the applicable lease year is over and total revenues and breakpoint have been reconciled under the applicable Assignable Lease, with such additional rent (“Additional Rent”) revenues and breakpoint allocated evenly over the year in an which Closing occurs on a daily basis and any amount equal payable from one party to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during after such reconciliation is required under the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main applicable Assignable Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.

Appears in 1 contract

Samples: Sale Agreement (Equity Commonwealth)

Rent. The rent reserved under this Sublease for the Term hereof Rent shall be made payable to the Norfolk City Treasurer and consist of: shall be in the amount of One Dollar (a$1.00) for each year of the Fixed Term. Additional rent payable by Lessee shall include all taxes, leasehold taxes, assessments, water rents and other governmental charges, excluding charges arising from hazardous substances deposited prior to Lessee’s tenancy assessed against or levied upon the Premises or related to the use of the Premises. Lessee shall pay any Additional Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of date when each becomes due, except Lessee may pay any tax, assessment, water rent or other governmental charge after it becomes due but before any penalty or interest accrues thereon. Lessor shall furnish to Lessee any and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges bills for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and items payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, Rent in sufficient time for payments to be made by Lessee. Lessor agrees to elect to pay any future assessment which may be levied against the reasonable expenses incurred by Sublessor Premises in the enforcement (after default maximum number of installments permitted by Subtenant hereunder beyond applicable cure periods) of any of the agreementslaw. Lessee shall furnish Lessor, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery after the date upon which any such charge is payable by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money Lessee as hereinabove provided, official receipts of the United States appropriate taxing or governmental authority, or other proofs satisfactory to Lessor, evidencing the payment of Additional Rent. If Lessee shall fail to make any payment or do any act reqired of it by any provision of this Lease, Lessor may make such payment or do such act and the amount of such payments, or the cost of doing such act, together with interest thereon at the address rate of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder 18% per annum, shall be deemed Additional Rent payable by Lessee upon demand by Lessor. The making of any such payment or the doing of any such act by Lessor shall not constitute a waiver by Lessor of any right or remedy provided by this Lease upon Lessee’s default in the making of such payment or the doing of such act. All taxes, assessments, water rents and other than on account of governmental charges assessed against or levied upon the earliest stipulated Fixed Rent Premises shall be apportioned as between Lessor and Lessee at the Commencement Date and Termination Date. Lessee shall have the right to contest or Additional Rent; nor shall review by appropriate proceedings or in any endorsement other manner permitted by law, at Lessee’s sole cost and expense, in Lessee’s name or statement on in Lessor’s name, or both, any check tax, assessment or letter be deemed an accord and satisfactioncharge, and Sublessor Lessor shall, without expense or charge to it, cooperate with Lessee and execute any documents or pleadings required for such purposes. If required by Lessor, Lessee shall furnish a surety company bond, or other security reasonably satisfactory to Lessor, against any liens by reason of such contest. The aforesaid contest by Lessee may accept include appeals from any check judgments, decrees or payment without prejudice to Sublessor’s right to recover the balance due orders until a final nonappealable determination shall be made by a court of governmental department or to pursue any other remedy available to Sublessor. Any provision authority having jurisdiction in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationmatter.

Appears in 1 contract

Samples: Lease Agreement

Rent. The Lessee agrees to pay to Lessor, as rent reserved under during the Initial Term of this Sublease Lease and the first renewal term, the sum of Fourteen Thousand Dollars ($14,000.00) per month (“Base Rent”), commencing on the Commencement Date and on the 1st day of each calendar month thereafter. Notwithstanding anything contained in the preceding sentence, unless and until Lessee defaults beyond any applicable notice and cure periods, with respect to any covenant or obligation set forth in this Lease or in the Business Note (the “Note”), executed on even date herewith by and between Lessee and Lessor, Lessee’s obligation to pay rent from the Commencement Date up through and including January 31, 2010, shall xxxxx (the “Rental Abatement Period”). In the event that Lessee defaults, with respect to any covenant or obligation set forth in this Lease or in the Note during the Rental Abatement Period, which such default is not cured within fourteen (14) days of Lessor’s written notice to Lessee (the “Notice Period”), then this Lease shall terminate on the last day of the Notice Period and all Base Rent that would have been due to Lessor from Lessee during the Rental Abatement Period shall be immediately due and payable. In the event that Lessee defaults with respect to any covenant or obligation set forth in the Note during the Rental Abatement Period and such default is cured during the Notice Period, then this Lease will not terminate, but the rental abatement shall be revoked retroactive to the Commencement Date. Thereafter, Lessee’s Base Rent shall be increased to an amount equal to the total of Lessee’s Base Rent that would have been due during the Rental Abatement Period but for the abatement of such Base Rent, plus the total of all Base Rent due throughout the balance of the Initial Term hereof of this Lease divided by the number of months remaining in the Initial Term of this Lease. Said increased Base Rent shall be due and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) first day of this Sublease in advancethe first month immediately after the end of the Notice Period, during which Lessee’s default was cured, and, thereafter, on or before the first day of each month thereafter throughout the balance of the Initial Term. During the first renewal term, however, Lessee’s Base Rent shall be reduced to Fourteen Thousand Dollars ($14,000.00) per month payable on the first day of the first month of the first renewal term and every calendar on the same day of each successive month thereafter. In the event that Lessee shall exercise Lessee’s option to renew this Lease for a second renewal term, then Lessee’s monthly rental obligation, throughout the entire second renewal term, shall be equal to ninety-five percent (95%) of the prevailing market rate for commercial premises of like kind construction, design, use, and location (the “Prevailing Market Rate”). For purposes of this Lease, the Prevailing Market Rate shall be determined, as of the first day of the second renewal term, by the written mutual agreement of Lessor and Lessee. In the event that Lessee and Lessor have not mutually agreed as to the Prevailing Market Rate by a date that is forty-five (45) days prior to the first day of the second renewal term, then Lessor shall, at Lessor’s expense, obtain an independent written determination of the Prevailing Market Rate from a qualified commercial real estate broker familiar with the Premises and commercial real estate, in general, in Outagamie County, Wisconsin. Lessee shall also, at Lessee’s expense, obtain an independent written determination of the Prevailing Market Rate from a qualified commercial real estate broker familiar with the Premises and commercial real estate, in general, in Outagamie County, Wisconsin. If the two (2) opinions are within ten percent (10%) of each other, determined according to ten percent (10%) of the higher of the two (2) opinions, then the Prevailing Market Rate shall be equal to the average of the two (2) opinions. If the two (2) opinions are not within ten percent (10%) of each other, determined according to ten percent (10%) of the higher of the two (2) opinions, and Lessor and Lessee are still unable to agree as to the Prevailing Market Rate, then the two (2) commercial real estate brokers shall appoint a third qualified commercial real estate broker familiar with the Premises and commercial real estate, in general, in Outagamie County, Wisconsin, the expense of which shall be divided equally between Lessor and Lessee, and the opinion of the third commercial real estate broker shall be the Prevailing Market Rate. Notwithstanding anything contained in this Section 3 to the contrary, for any month during the Term; plus (b) such additional rent (“Additional Rent”) second renewal term during which Lessee’s Base Rent is in an amount equal dispute and subject to the Expense Adjustment Amountdispute resolution process set forth above, all charges for services and utilities supplied by Sublessor hereunderLessee’s monthly rental obligation shall be Fourteen Thousand Dollars ($14,000.00) subject to adjustment, and any other charges as shall become upward or downward, upon the determination of Lessee’s Base Rent due and payable by Subtenant hereunder whether or not owing throughout the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent second renewal term. Any such adjustment shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer made to the Fixed first and, if necessary, second Base Rent and Additional payments due immediately after the final second renewal term Base Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationdetermination.

Appears in 1 contract

Samples: Lease Agreement (Argyle Security, Inc.)

Rent. The Tenant shall pay rent reserved consisting of (i) Base Rent, and (ii) all other sums that become payable by Tenant under this Sublease Lease, whether to Landlord directly, or to a third party for the Term hereof benefit of Landlord and the Premises (“Additional Rent”). Base Rent and Additional Rent are referred to herein as “Rent.” All Rent shall be and consist of: (a) the Fixed Rent payable beginning paid in advance on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and unless otherwise provided herein. Notwithstanding any other charges as provision hereof, Tenant shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional pay to Landlord, with all Rent, includingany rent, without limitationtransaction, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of privilege or other tax now or hereafter imposed on any of the agreements, covenants, Rent due or obligations paid under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter providedLease. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States to Landlord, c/o the Property Manager at the address of Sublessor set forth at in the head of Basic Lease Terms preceding this Sublease Lease, or to such other person and/or at such other address place as Sublessor may from time to time Landlord shall designate by written notice to SubtenantTenant. No payment by Subtenant Tenant shall pay all Rent promptly when due without notice or receipt by Sublessor of demand therefor and without any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent abatement, deduction or Additional Rent; nor shall off set, for any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Subleasereason whatsoever, except as may otherwise be expressly provided hereinin this Lease. If, in If the event Tenant’s obligation to pay Base Rent does not commence on the first day of a casualty calendar month, or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 does not expire on the last day of the Main calendar month, the Base Rent payable by Tenant on the first fractional month, or the last fractional month, as the case may be, shall be prorated for said month. Base Rent for the first full calendar month of the Term for which Base Rent is payable shall be paid upon execution of this Lease, Subtenant and Base Rent for any partial month at the beginning of the Term shall be entitled to a proportionate abatement in due on the Fixed Commencement Date. Tenant acknowledges that Tenant’s late payment of Rent due Landlord will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such cost being extremely difficult and impractical to ascertain. Therefore, if Landlord does not receive any Rent due from Tenant within ten (10) days of when due, Tenant shall pay to Landlord an additional sum equal to five percent (5%) of the overdue amount, which late charge shall be due and payable on demand. The payment of late charges and the payment of interest are distinct and separate from one another in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for the additional administrative expenses incurred by Landlord in handling and processing delinquent payments. By their execution of this Lease, Landlord and Tenant confirm that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment, that the late charge is in addition to any and all remedies available to Landlord and that the assessment and/or collection of the late charge shall not be deemed a waiver by Landlord of such failure or of any other default under this SubleaseLease. Additionally, provided that Subtenantall such delinquent Rent, plus any late charge, shall bear interest at the rate of six percent (6%) per annum, or, if lower, the maximum interest rate permitted by law (as applicable, the “Default Rate”), from the date due until paid. If any payment of Rent is returned for insufficient funds, Landlord may require Tenant to pay all future payments by cashier’s possession of the Subleased Premises is affected by such casualty or condemnationcheck.

Appears in 1 contract

Samples: Lease Agreement (Ampio Pharmaceuticals, Inc.)

Rent. The rent reserved As used in this Lease, the term "Rent" shall include: (i) the Base Rent; (ii) Tenant's Percentage Share of the Operating Expenses paid or incurred by Landlord during the calendar year; and (iii) all other amounts which Tenant is obligated to pay under the terms of this Sublease for the Term hereof Lease. All amounts of money payable by Tenant to Landlord shall be paid without prior notice or demand, deduction or offset. This Lease is intended to be a triple net lease, with all costs, expenses and consist of: charges (aincluding the Operating Expenses) paid by Tenant except as otherwise specifically provided in subsection 10(b). Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the Fixed exact amount of which will be difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any trust deed covering the Premises. Accordingly, if any installment of Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(eor any other sums due from Tenant shall not be received by Landlord when due, Tenant shall pay to Landlord a late charge equal to six percent (6%) of this Sublease such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in advanceno event constitute a waiver of Tenant's default with respect to such overdue amount, on or before nor prevent Landlord from exercising any of the first day of each other rights and every calendar month during remedies granted hereunder. In addition, any amount which is not paid when due shall bear interest from the Term; plus (b) such additional rent (“Additional Rent”) in an amount date due until the date paid at the rate equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may Reference Rate announced from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor the Bank of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationAmerica plus five percent (5%) ("Interest Rate").

Appears in 1 contract

Samples: Sub Sublease (Computer Literacy Inc)

Rent. The A. Sublessee shall pay to Sublessor rent reserved under this Sublease for ("Fixed Rent") in the Term hereof amount fisted on Exhibit A attached hereto. Fixed Rent shall be and consist of: (a) the Fixed Rent payable beginning paid monthly in advance on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional term of this Sublease. Fixed Rent”) , the Operating Expense Escalation Charge, as defined in an amount equal to Section 3.3 of the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunderMain Lease, and any all other charges as shall become due and amounts ("Additional Charges") payable by Subtenant hereunder whether Sublessee to Sublessor under the provisions of this Sublease or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any provisions of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder Main Lease shall be paid promptly when due, without notice or demand therefortherefor (unless Sublessor receives notice or demand therefor from the landlord under the Main Lease), and without deduction, abatement, counterclaim or setoff set off of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent Charges shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head beginning of this Sublease Sublease, or to such other person and/or at such other address as Sublessor may from time to time designate by .written notice to SubtenantSublessee. Sublessee's share of all Additional Charges due under the Main Lease shall be thirty-eight and eighty-nine hundredths percent (38.89 %) of the amount for which Sublessor is responsible under the Main Lease. No payment by Subtenant Sublessee or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional RentCharges; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s 's right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision Without limiting the foregoing, the parties acknowledge that in addition to Fixed Rent Sublessee is responsible for an electricity charge, presently set at $0.75 per rentable square foot, which shall be paid in equal monthly installments, as set forth in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.

Appears in 1 contract

Samples: Lease (Lycos Inc)

Rent. The All rent reserved and other amounts paid by the tenants under this Sublease the Leases (collectively, “Rent”), for the Term hereof month of Closing shall be prorated as of the Closing Date based on the respective number of days of ownership of Seller and consist ofBuyer for such month; provided, however, that neither Buyer nor Seller shall receive credit at Closing for any Rent that is past due (the “Past Due Rent”). Following the Closing, if Buyer or Seller receives any payment from any tenant for which Past Due Rent is outstanding, such payment shall be distributed in the following order of priority: (a) the Fixed first, to Buyer for Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become then due and payable by Subtenant hereunder whether such tenant under its Lease which accrues on or not after the same is designated as Additional RentClosing Date, including(b) next, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease on a prorated basis to Buyer and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit Seller for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand thereforsuch tenant under its Lease which accrues in the month in which the Closing Date occurs, and without deduction(c) then, abatement, counterclaim or setoff after payment in full of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not all such amounts then due and payable on a monthly basis to Buyer from such tenant, to Seller to the extent of all Past Due Rent owed by such tenant, together with interest and late charges, if applicable. If any Past Due Rent is not paid to Seller within sixty (60) days after Closing, Seller shall have the right during the Terminitial six (6) month period immediately following the Closing Date, unless to attempt to effect collection by litigation or otherwise specified herein, so long as Seller does not take any action to terminate the tenant's lease or right to possession. Buyer shall cooperate with Seller in its efforts to collect Past Due Rent but shall not be due and payable within thirty (30) days of delivery by Sublessor required to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or incur any cost with respect to such other person and/or at such other address as Sublessor may from time cooperation or take any action against any tenant to time designate by notice to Subtenant. No payment by Subtenant terminate the tenant's lease or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationpossession.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Bluerock Residential Growth REIT, Inc.)

Rent. The All base rent reserved under this Sublease ("Rent"), and taxes on rents (if any) for the Term hereof Leases and for the Ground Lease for the month of Closing shall be and consist of: (a) prorated as of the Fixed Rent payable beginning Closing Date based on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) respective number of this Sublease in advancedays of ownership of Seller and Purchaser for such month, on an "as-collected" basis (i.e., shall only be prorated if collected as of the Closing Date); provided, however, that neither Purchaser nor Seller shall receive credit at Closing for any Rent that is past due (the "Past Due Rent"). Seller shall provide Purchaser with a list of all Rent delinquencies at Closing. Any payment for Rent received by Seller from tenants post-Closing covering periods that are post-Closing shall be promptly remitted by Seller to Purchaser. Any monies received from Seller or before the collected by Purchaser from tenants or other occupants shall be first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal allocated to the Expense Adjustment AmountRent owed by such tenants or other occupants for the current period. Any monies received in excess of the amounts due for the current period shall be allocated to those charges that have been outstanding for the shortest period of time. If the monies collected for delinquent Rent are applicable to a time period for which Seller was the owner of the Property, all charges for services Purchaser shall remit such amount to Seller, net of any reasonable out-of-pocket cost of collection which Purchaser shall incur. If any past due Rent is not paid to Seller within (60) days after Closing, Purchaser shall, upon request by Seller and utilities supplied by Sublessor hereunderat Seller's expense, and use commercially reasonable efforts to assist Seller in its efforts to collect any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional such delinquent Rent, including, without limitation, but shall not be required to take any action to terminate the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, tenant's lease or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationpossession.

Appears in 1 contract

Samples: Purchase Real Estate (Cedar Income Fund LTD /Md/)

Rent. The rent reserved under this Sublease for Subject to the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning provisions below, commencing on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, and on or before the first day of each and every calendar month during thereafter, Tenant shall pay Minimum Rent in the Term; plus amount stated in Section 1.4, in advance without notice (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amountall amounts, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional including Minimum Rent, including, without limitation, to be paid by Tenant pursuant to this Lease as the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings context requires are necessary sometimes referred to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable collectively as hereinafter provided"Rent(s)"). All rent due and payable by Subtenant hereunder Rents shall be paid promptly when due, without notice or demand therefor, and without deductionset off, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunderdiminution, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at management office in the head of this Sublease Building, or to such other person and/or at such other address place as Sublessor may Landlord from time to time designate designates in writing. Notwithstanding the foregoing, Tenant shall have the right to occupy the Premises without payment of Minimum Rent for a period commencing January 1, 1999 and ending March 31, 1999 (the "Deferred Rent Period"). It is agreed that the Rent payable under this Lease is allocable to, and shall be accrued by notice the parties during, their fiscal periods in which the same is actually paid. Landlord and Tenant agree that no portion of the Minimum Rent paid by Tenant during the Initial Term occurring after the expiration of the Deferred Rent Period will be allocated by Landlord or Tenant to Subtenantsuch Deferred Rent Period, nor is such Rent intended by the parties to be allocable to the Deferred Rent Period. No payment by Subtenant or receipt by Sublessor If for any reason at any time during the Term Tenant is in default hereunder, which default is not cured within any applicable cure periods, Tenant shall owe to Landlord, in addition to all other amounts otherwise set forth herein, all amounts of Minimum Rent deferred pursuant to this Section. Such amounts shall be immediately due and payable upon the occurrence of any lesser amount than such default. Tenant shall have no obligation to pay such amounts if no Event of Default has occurred prior to the amount stipulated to be paid hereunder shall be deemed other than on account expiration of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationTerm.

Appears in 1 contract

Samples: Office Lease (Telecom Wireless Corp/Co)

Rent. The Subtenant covenants and agrees to pay Sublandlord as rent during the term of this Sublease annual rent specified in this Section 2 below (the “Annual Rent”) and other charges, if any (sometimes referred to as “additional rent” and collectively with Annual Rent, the “Rent”) specified below. Annual Rent shall be paid without any prior notice or demand therefor and without deduction or offset (except as otherwise set forth in this Sublease including any provisions of the Lease incorporated herein). Unless otherwise specified in this Sublease, all other Rent shall be payable within thirty (30) days after Subtenant’s receipt of an invoice with respect thereto. For any partial month, all Rent shall be prorated. Subtenant’s obligation to pay Rent, being deemed rent reserved under the Sublease, shall be independent of each and every other covenant contained in this Sublease (including the terms of the Lease that are incorporated herein). Rent shall include, and Subtenant shall pay to Sublandlord (or to Landlord as Sublandlord may expressly direct in writing) as additional rent hereunder any and all charges billed directly to Sublandlord for the Term hereof account of Subtenant arising from Subtenant’s own use of the Sublet Premises, e.g., and without limitation, charges for repair of damage caused by Subtenant for which Sublandlord is responsible to reimburse Landlord, charges for work or services not otherwise required under the Sublease or Lease requested by Subtenant and performed or provided specifically for Subtenant, as well as charges for any overtime labor or usage with respect thereto (if overtime is charged by Landlord or otherwise must be incurred by Sublandlord), and the like; provided, notwithstanding anything in this Sublease to the contrary, Subtenant shall not be and consist of: liable for any operating expenses or taxes or similar additional rent items or for utilities (a) including, without limitation, electricity), the Fixed parties hereby agreeing that such amounts have been accounted for in the Annual Rent payable beginning rate set forth herein. Sublandlord shall have the same right to enforce payment on account of such additional charges as it shall have to enforce Subtenant’s payments on account of Rent. Sublandlord shall furnish to Subtenant any backup that Landlord shall furnish to Sublandlord with respect to any charges claimed by Landlord relating to the Sublet Premises or, if Landlord fails to furnish same, shall request the backup for such charges to enable Subtenant to determine the validity thereof. The first Lease Year for purposes of payment of Annual Rent shall commence on the Sublease Rent Commencement Date (defined below). Lease Year Annual Rent Monthly Payment 1 $300,000.00 $25,000.00 2 $309,000.00 $25,750.00 3 $318,270.00 $26,522.50 4 $327,818.10 $27,318.18 5 – through Sublease Termination Date $337,652.64 $28,137.72 Subtenant’s obligation to make monthly payments on account of Rent shall commence to accrue on the date (“Sublease Rent Commencement Date”), which is the later of (i) August 1, 2020 and (ii) the earlier of (x) the date which is four months after the Sublease Commencement Date (being that date which signifies the fulfillment of all conditions precedent to identification of the Sublease Commencement Date, including without limitation the Special COVID-19 Provision) and (y) if the aforesaid Sublease Commencement Date shall have occurred, October 1, 2020. Annual Rent shall be paid to Sublandlord at the address set forth in Monthly Fixed Rent installments as specified in Paragraph 1(e) the first paragraph of this Sublease Sublease, in advance, on or before the first day of each and every calendar month during throughout the Term; plus term of this Sublease, timely payment being of the essence hereof. If Subtenant fails to pay any installment within five (b5) days after same is due, such additional rent unpaid amount shall bear interest at the Applicable Rate (“Additional Rent”as defined in the Lease) in an amount equal to from and after the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall first (1st) day following the date(s) said installment become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor until paid in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under full. Nothing in this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference paragraph shall be deemed to refer to the Fixed Rent limit Sublandlord’s other rights and Additional Rent due under this Sublease, except remedies as may otherwise accrue under the Lease (except Sublandlord shall only be expressly provided herein. If, permitted to charge interest in the event accordance with this paragraph) or this Sublease by reason of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty failure to pay Rent or condemnationany portion thereof.

Appears in 1 contract

Samples: Sublease (SELLAS Life Sciences Group, Inc.)

Rent. The rent reserved under this Sublease for Tenants shall pay Landlord the Term hereof Monthly Rent, in advance and each Tenant shall be and consist of: (a) pay their Allocable Portion of the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advanceRent, on or before the first day of each and every month that this Lease Agreement is in effect; provided that with respect to any partial calendar month at the beginning or end of a Term, such fee shall be prorated for the number of days during such period. In addition, at the end of the Term; plus (b) such additional rent (“Additional Rent”) , Tenants shall pay Landlord a one-time only fee of $100 to cover the costs of cleaning the Tenants’ bedroom. Such fee shall be deducted from the refund of a Tenant’s Move-in an amount equal Deposit pursuant to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periodssection 7(F) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter providedLease Agreement. All rent due and payable by Subtenant hereunder shall be paid promptly sums, if unpaid when due, without notice shall bear interest from such date until paid at the maximum legal rate of interest allowable on the date of this Lease Agreement. Each Tenant agrees and affirms that Landlord is authorized to automatically charge a designated credit card or demand therefordebit a designated bank account, and without deductionor to process payment with any other applicable third party payment processor, abatement, counterclaim or setoff for their Allocable Portion of the Monthly Rent (“Recurring Payment”). Each Tenant further agrees to notify Landlord promptly of any amount changes to Xxxxxx’s credit card or debit card account, including but not limited to changes to Tenant’s credit card or debit card account number, expiration date, and/or billing address. Each Tenant further agrees to promptly notify Landlord if Xxxxxx’s credit card or debit card expires or is canceled for any reason whatsoeverother reason. All Additional Rent Each Tenant represents and warrants that he or she is an authorized user of the credit card, debit card, or third party payment processor platform account used to pay his or her Allocable Portion of the Monthly Rent. Each Tenant acknowledges and agrees to provide Landlord with a name, billing address and other charges payable hereunderinformation necessary to allow Landlord to complete Recurring Payments made using a credit card, which are not due a debit card, or a third-party payment platform, or as required by other applicable law and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the sameany processing charges incurred by Landlord. Fixed Rent and Additional Rent With respect to any Tenant, Landlord shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall not be entitled to a proportionate abatement in increase the Fixed Monthly Rent due under this Sublease, provided that Subtenant’s possession and their Allocable Portion of the Subleased Premises is affected by such casualty Monthly Rent during the Term of the Lease. TENANTS ARE JOINTLY AND SEVERALLY LIABLE FOR THE MONTHLY RENT; provided, however, that Landlord will not seek to hold any individual Tenant liable for more than their Allocable Portion of the Monthly Rent for any month or condemnationportion of a month in which that Tenant has legal occupancy of the Premises, subject to the exception below, under “Tenant Replacement”.

Appears in 1 contract

Samples: Lease Agreement

Rent. The Tenant agrees to pay to Landlord at Landlord's Notice Address, without demand, deduction or set-off, annual rent reserved under this Sublease for equal to the Term hereof shall be and consist of: (a) Base Rent, as adjusted from time to time pursuant to the Fixed Rent terms hereof, payable beginning in equal monthly installments in advance on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional term hereof. The Base Rent initially payable hereunder shall be the "Initial Base Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor " set forth in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) Summary of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Primary Business Terms hereinabove. The Base Rent shall be payable adjusted from time to time as hereinafter providedset forth in Section 4 below. All rent due and payable by Subtenant hereunder Upon execution of this Lease, Tenant shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff pay to Landlord the monthly Base Rent for the first full calendar month of any amount or for any reason whatsoeverthe Lease Term. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Base Rent and Additional Rent for any partial month during the Lease Term shall be pro-rated based on the number of days in such month, and Base Rent for any such partial month at the beginning of the Lease Term shall be paid to Sublessor in lawful money of on the United States at the address of Sublessor set forth at the head of this Sublease Commencement Date. Landlord does not mail or to such otherwise distribute statements or bills for rent or other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance amounts due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Subleasehereunder, except as may otherwise be expressly otherwise provided herein. IfIt is Tenant's sole responsibility to ensure that payments are made and received when due. If any check received by Landlord from Tenant shall be dishonored, refused or returned, then in addition to Landlord's other remedies and rights, Tenant shall pay a $100.00 administrative charge, in addition to any late charges and the event payment in respect of a casualty which the check was given. Tenant and Landlord agree that all amounts due hereunder, whether labeled Base Rent, Additional Rent or condemnationotherwise, Sublessor is entitled to a rent abatement shall be considered as rental reserved under this Lease for all purposes, including without limitation regulations pursuant to Paragraphs 10 or 26 of the Main LeaseUnited States Bankruptcy Code, Subtenant shall as may be entitled amended from time to a proportionate abatement in the Fixed Rent due under this Subleasetime, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.including further without limitation Section 502(b)(6)

Appears in 1 contract

Samples: Lease (Towne Services Inc)

Rent. The rent reserved under this Sublease for the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning Beginning on the Rent Commencement Date and continuing thereafter throughout the Term, Tenant will pay the Rent in Monthly Fixed Rent monthly installments as specified in Paragraph 1(e) of this Sublease in advance, without demand, deduction or offset, in lawful money of the United States commencing on or before the Rent Commencement Date, and continuing on the first day of each and every month thereafter until the Termination Date. Rent payments for any fractional calendar month at the end, or the beginning of the term of the Lease, will be prorated. In the event Tenant fails to pay any installment of Rent hereunder within ten days of the due date of such installment, Tenant will pay to Landlord on demand a late charge in an amount equal to four percent (4%) of such installment. The provision for such late charge will be in addition to all of Landlord’s other rights and remedies hereunder or at law and will not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. Commencing with the second Lease Year hereunder, Base Annual Rent will increase on each anniversary of the Rent Commencement Date by the Base Annual Rent Escalation over the Base Annual Rent paid the previous Lease Year. Commencing January 1 of the year following the Commencement Date and continuing thereafter for each calendar year during the Term, Landlord will present to Tenant Tenant's Forecast Operating Expenses. Tenant will pay without deduction, offset, or counter claim, and otherwise in the same manner as Base Annual Rent on the first day of each calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in , an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated one twelfth (1/12) of Tenant’s Forecast Operating Expenses as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from From time to time designate during any calendar year, Landlord may revise Tenant’s Forecast Operating Expense and adjust Tenant’s monthly payments to reflect Landlord’s such revisions. Promptly after the full execution of this Lease (and delivery to Tenant of a copy thereof), Tenant shall pay Landlord the first month's Rent due hereunder. Notwithstanding the foregoing, and provided there is no default or event of default hereunder by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder Tenant, Base Annual Rent (but not Operating Expenses) shall be deemed other than on account abated hereunder for the first five (5) months after the Commencement Date (the "Rent Abatement"). Tenant will be responsible for its Proportionate Share of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord Operating Expenses for the Building as well as its utilities and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationjanitorial services.

Appears in 1 contract

Samples: Lease Agreement (Precision Biosciences Inc)

Rent. The rent reserved under this Sublease for Tenant shall pay to Landlord the Term hereof shall be Base Rent, Real Property Taxes (as herein defined) and consist of: Operating Expenses (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease herein defined), without notice, demand, offset or deduction, in advance, on or before the first day of each calendar month. All Rent and every calendar month during payments required to be paid by Tenant to Landlord shall be made by Tenant payable to the Term; plus entity and sent to the address Landlord designates and shall be made by good and sufficient check payable in United States of America currency or by other means acceptable to Landlord or by Electronic Fund Transfer of immediately available federal funds before 11:00 a.m. Eastern Time. Upon the execution of this Lease, Tenant shall pay to Landlord the first month’s Base Rent, the Security Deposit, and the first monthly installment of estimated Operating Expenses. If the Term commences (bor ends) such on a date other than the first (or last) day of a month, Base Rent shall be prorated on the basis of a thirty (30) day month. All sums other than Base Rent which Tenant is obligated to pay under this Lease shall be deemed to be additional rent due hereunder (“Additional Rent”) in an amount equal to the Expense Adjustment Amount), all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is such sums are designated as Additional Rent, including, without limitation, . The term “Rent” means the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease Base Rent and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which all Additional Rent shall be payable as hereinafter providedhereunder. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff The obligation of any amount or for any reason whatsoever. All Additional Tenant to pay Base Rent and other charges payable hereunder, which sums to Landlord and the obligations of Landlord under this Lease are not due and payable on a monthly basis during the Term, unless otherwise specified herein, independent obligations. Tenant shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States have no right at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from any time to time designate by notice to Subtenantxxxxx, reduce, or set-off any rent due hereunder except as may be expressly provided in this Lease. No payment by Subtenant or receipt by Sublessor If Tenant is delinquent in any monthly installment of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Base Rent or Additional Rent incorporated herein for more than five (5) days, Tenant shall pay to Landlord on demand a late charge equal to ten percent (10%) of such delinquent sum and such delinquent sum shall also bear interest from the date such amount was due until paid in full at the lesser of (i) fifteen percent (15%) per annum; or (ii) at the maximum rate permitted by reference law (“Applicable Interest Rate”). The provision for such late charge shall be deemed in addition to refer to the Fixed Rent all of Landlord’s other rights and Additional Rent due under this Sublease, except remedies hereunder or at law and shall not be construed as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationpenalty.

Appears in 1 contract

Samples: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)

Rent. The rent reserved under this Sublease for the Term hereof shall be and consist of: (a) Tenant covenants to pay to Landlord, as rent for the Fixed Rent payable Premises commencing on the Commencement Date and thereafter during the Term, the amounts set forth on or determined pursuant to Exhibit 5 hereto, (herein called the “Basic Rent”) in monthly installments in advance, beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, and on or before the first day of each and every calendar month thereafter during the Term; plus Term (b) such additional rent (herein called the Additional RentBasic Rent Payment Dates) in an amount equal ), by wire or other electronic transfer of immediately available funds to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any Landlord at the address set forth above and/or to such other charges person or such other place or account as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional RentLandlord from time to time may designate to Tenant in writing, including, without limitation, Landlord may designate to Tenant in writing that all or a portion of the reasonable expenses incurred by Sublessor monthly Basic Rent be paid directly to a Mortgagee or an institutional payment agent. If Tenant shall fail to vacate and surrender the Premises in accordance with the terms of this Lease upon the expiration or earlier termination of this Lease, then until such time as Tenant so vacates and surrenders the Premises, Tenant shall pay Basic Rent at a rate of one hundred fifty percent (150%) of the Basic Rent for the last year of the Term. Nothing in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent previous sentence shall be payable construed or operate as hereinafter provideda waiver of Landlord’s right of re-entry or any other right of Landlord resulting from such holding over. All rent Subject to the second sentence of subparagraph 7(a), Tenant shall pay when due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and all taxes payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Basic Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease (as defined below), whether imposed on Landlord or to Tenant, including without limitation, all gross rent taxes and sales taxes on such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Basic Rent and Additional Rent, but calculated as if the Basic Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in and the event Additional Rent were the sole income of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationLandlord.

Appears in 1 contract

Samples: Assumption Agreement (Calamos Asset Management, Inc. /DE/)

Rent. The base rent reserved under this Sublease payable by the Tenant for the Term hereof calendar month in which the Closing occurs shall be and consist of: (a) prorated as of the Fixed Rent payable beginning Effective Time on the Rent Commencement basis of the number of days of such month the Properties will have been owned by Purchaser and Seller, respectively. If the Closing Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, is on or before after the 20th day of the calendar month in which the Closing Date occurs, the monthly base rent due to Purchaser for the first day of each and every full calendar month during (the Term; plus (b) such additional rent (Additional Initial Rent”) under the terms of the Master Leases shall be credited to Purchaser at the Closing (in an such event, Tenant shall pay the Initial Rent to Seller, and, notwithstanding the terms of the Master Leases, shall not be obligated to make a payment for the Initial Rent to Purchaser). In the event that Purchaser is credited for any amount equal on the Closing Date that Purchaser is subsequently paid by the Tenant, Purchaser shall promptly refund such amount to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and Seller. Notwithstanding any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rentprovision in this Agreement, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or Purchaser’s obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession Section 4.4 of the Subleased Premises Agreement shall survive Closing for a period of sixty (60) days. If any item of income or expense set forth in this Section 4.4 is subject to collect the rent; which Additional Rent final adjustment after Closing, then Seller and Purchaser shall make, and each shall be payable entitled to, an appropriate reproration to each such item promptly when accurate information becomes available, subject to Section 4.6 below. Any amounts due from one party to the other as hereinafter provided. All rent due and payable by Subtenant hereunder a result of such reproration shall be paid promptly when due, without notice or demand therefor, in cash to the party entitled thereto. Seller and without deduction, abatement, counterclaim or setoff of any amount or Purchaser hereby covenant and agree to make available to each other for any reason whatsoeverreview such records as are necessary to complete such reprorations. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, No proration shall be due made of real estate and payable within thirty personal property taxes, utility charges, or maintenance expenses with respect to the Properties (30) days of delivery by Sublessor Seller hereby representing and warranting to Subtenant of notice to pay Purchaser that Tenant is responsible for all such charges, taxes and expenses under the sameMaster Leases). Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head The foregoing provisions of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than Section 4.4 shall survive the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationClosing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cole Credit Property Trust V, Inc.)

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Rent. The rent reserved under this Sublease Rent for the Term hereof month of, and any month after, Closing collected by the Partnership prior to Closing shall be and consist ofapportioned as of the Closing Date. If any tenant is in arrears in the payment of rent on the Closing Date, rents received from such tenant after the Closing shall be applied in the following order of priority: (a) first, to the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) payment of this Sublease in advance, on or before the first day of each and every calendar month during the Termcurrent rent then due; plus (b) such additional second, to delinquent rent for any period after the Closing Date; and (“Additional Rent”c) in an amount equal third, to delinquent rent for any period prior to the Expense Adjustment AmountClosing Date. Buyer shall either cause the Partnership to use reasonable efforts to collect (at no cost to Buyer or the Partnership), all charges for services and utilities supplied or shall assign to Sellers the right to collect, arrearages in rents due from tenants as of the First Closing Date. If rents or any portion thereof received by Sublessor hereunder, and any Sellers or the Partnership after the Closing Date are payable to the other charges as shall become due and payable party by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitationreason of this allocation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) appropriate sum, less a proportionate share of any reasonable attorneys' fees, costs and expenses of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified hereincollection thereof, shall be due and payable within thirty (30) days of delivery by Sublessor promptly paid to Subtenant of notice the other party, which obligation shall survive the Closing. If any tenants are required to pay percentage rents, escalation charges for real estate taxes, operating expenses, cost-of-living adjustments or other charges of a similar nature ("Additional Rents") and any Additional Rents are collected by the same. Fixed Rent Partnership after the Closing which are attributable in whole or in part to any period prior to the Closing, then the Partnership shall promptly pay to Sellers the amount of such Additional Rents attributable to the period prior to the Closing, less a proportionate share of any reasonable attorneys' fees, costs and, expenses of collection thereof, and deliver to Sellers a statement therefor, if and when the tenant paying the same has made all payments of rents and Additional Rent then due to the Partnership pursuant to such tenant's Lease, which obligation shall be paid to Sublessor in lawful money survive the Closing. Upon written request of Sellers (but only until the time of the United States at first reconciliation), Buyer shall cause the address of Sublessor set forth at Partnership to provide Sellers with the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account then current periodic report of the earliest stipulated Fixed Rent or status of collection of such Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by Rents from such casualty or condemnationtenants.

Appears in 1 contract

Samples: Sell Partnership Interests (Corporate Office Properties Trust)

Rent. The rent reserved On the date that Tenant executes this Lease, Tenant shall deliver to Landlord the original executed Lease, the Base Rent, the Security Deposit, and all insurance certificates evidencing the insurance required to be obtained by Tenant under this Sublease for the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) Section 12 of this Sublease Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Base Rent described on Basic Lease Information Page, payable in advance, advance at Landlord's address shown on or before Page 1 on the first day of each and every calendar month during throughout the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal term of the Lease. In addition to the Expense Adjustment AmountBase Rent set forth on Page 1, Tenant shall pay Landlord in advance and on the first (1st) day of each month throughout the term of this Lease (including any extensions of such term), as Additional Rent Tenant's share, as set forth on Page 1, of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, and Administrative Expenses all charges for services in the manner as specified in Sections 6.1, 6.2, 6.3, 6.4 and utilities supplied by Sublessor 7 of this Lease, respectively. Additionally, Tenant shall pay to Landlord as Additional Rent hereunder, immediately on Landlord's demand therefor, any and any other charges as shall become due all costs and payable expenses incurred by Subtenant hereunder whether or not Landlord to enforce the same is designated as Additional Rentprovisions of this Lease, including, without limitationbut not limited to, costs associated with any proposed assignment or subletting of all or any portion of the Premises by Tenant, costs associated with the delivery of notices, delivery and recordation of notice(s) of default, attorneys' fees, expert fees, court costs and filing fees (collectively, the reasonable expenses incurred by Sublessor in "Enforcement Expenses"). The term "Rent" whenever used herein refers to the enforcement (after default by Subtenant hereunder beyond applicable cure periods) aggregate of any all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the waiver of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary requirement to obtain the possession pay rental payments shall only apply to waiver of the Subleased Premises Base Rent and Tenant shall otherwise perform all other obligations of Tenant hereunder, including, but not limited to paying to Landlord any and all amounts considered additional rent, such as Tenant's share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, and Administrative Expenses. If, at any time, Tenant is in default of or otherwise breaches any term, condition or provision of this Lease, any such waiver by Landlord of Tenant's requirement to collect the rent; which Additional Rent pay rental payments shall be payable as hereinafter providednull and void and Tenant shall immediately pay to Landlord all rental payments waived by Landlord. All rent due and payable by Subtenant hereunder The Rent for any fractional part of a calendar month at the commencement or termination of the Lease term shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff a prorated amount of any amount or the Rent for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within full calendar month based upon a thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the sameday month. Fixed Rent and Additional The prorated Rent shall be paid to Sublessor in lawful money on the Commencement Date. The Termination Date of the United States at Lease shall always be the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account last day of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover calendar month in which the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationTerm commenced.

Appears in 1 contract

Samples: Lease Agreement (Natrol Inc)

Rent. The rent reserved under this Sublease for the Term hereof shall be All rents, fees and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rentcharges, including, without limitation, the reasonable payments of minimum or base rents, fixed monthly rents, additional rents, retroactive rents, operating cost pass-through, rent escalations, percentage rents, sign revenues, other receipts, operating expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreementsProperty, covenantstenant expenses, taxes, assessments, electricity and other utilities, common area maintenance and services, other escalation charges and other amounts due Seller pursuant to the Leases or obligations due Seller with respect to the Property generally or otherwise payable under this Sublease and including reasonable legal fees that may accrue the Leases (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession all of the Subleased Premises or foregoing may hereinafter be collectively referred to collect the rent; which Additional Rent as "Rents") shall be payable prorated as hereinafter providedof the Close of Escrow. All rent due and payable by Subtenant hereunder Subject to the provisions below, Rents delinquent at the Close of Escrow shall be paid promptly prorated to the Close of Escrow when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff collected. Rents collected within twelve (12) months after the Close of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference Escrow shall be deemed to refer apply (after deduction of costs for collections) first to Rents currently or past due and payable to Buyer for the period after Close of Escrow from tenants making such payments, and second to Rents which are due and payable to Seller for the period prior to Close of Escrow from tenants making such payments. Buyer shall at all times for twelve (12) months after the Close of Escrow, continue to invoice tenants for all Rents which are delinquent or unpaid as of the Close of Escrow or which otherwise belong to Seller pursuant to this Agreement. Rents collected by Buyer after the Close of Escrow, to which Seller is entitled under this Paragraph, shall be promptly paid over, in cash, to Seller after deduction of any reasonably incurred collection costs but otherwise without offset or deduction. Seller reserves the rights to all delinquent or past due Rents owing to Seller for periods prior to the Fixed Rent Close of Escrow and Additional Rent due under this SubleaseBuyer acknowledges that such Rents are the property of Seller and are hereby specifically reserved by Seller. Such reservation by Seller and the foregoing rights of Seller shall survive the Close of Escrow, the recordation of the Deed and the execution, delivery and recordation of the Lease Assignment (defined below) and shall supersede any provision herein or in the Lease Assignment tothe contrary. Seller may proceed to institute any and all legal proceedings to which it is legally entitled to recover such amounts from such tenants, except as may otherwise that Seller shall not be expressly provided herein. If, in the event of a casualty permitted to institute legal proceedings for unlawful detainer against such tenants or condemnation, Sublessor is entitled to a rent abatement pursuant seek to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationterminate their Leases.

Appears in 1 contract

Samples: Purchase Agreement (Mack Cali Realty Corp)

Rent. (a) The rent reserved under this Sublease Lease for the Term hereof shall be and consist of: (ai) the Fixed Rent payable beginning in equal monthly installments in advance on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the TermTerm (except that Tenant shall pay to Landlord one (1) monthly installment of Fixed Rent on the execution of this Lease, which installment shall be applied to the Monthly Fixed Rent due and payable under this Lease); plus (bii) such additional rent (“Additional Rent”) in an amount equal to Tenant’s Proportionate Share of increases in Operating Expenses and Real Estate Taxes (as such terms are defined in Paragraph 3 of this Lease) over the Expense Adjustment AmountInitial Year Operating Expenses and Initial Year Real Estate Taxes (as such terms are defined in Paragraph 3 of this Lease), as the case may be, as described in Paragraph 3 of this Lease, all charges for services and utilities supplied by Sublessor hereunderpursuant to Paragraph 15 hereof, and any other charges as or amounts that shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Renthereunder, including, without limitation, the reasonable expenses incurred by Sublessor Landlord in the enforcement (after default against Tenant or any party taking by Subtenant hereunder beyond applicable cure periods) or through Tenant of any of the agreements, covenants, or and obligations under this Sublease Lease and including reasonable legal fees and/or post-judgment collection fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit against Tenant or any party taking by or through Tenant for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Demised Premises or to collect the rent; , all of which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor Landlord at its office stated above or such other place Landlord may designate in lawful money writing. If the Commencement Date shall occur on a date other than the first day of a calendar month, or the Expiration Date or other termination date of this Lease shall occur on a day other than the last day of a calendar month, the rent for the partial month commencing on the Commencement Date or ending on the Expiration Date shall be appropriately pro-rated on the basis of the United States at pro rata portion of the address of Sublessor set forth at the head of this Sublease or to calendar month during which such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated is to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationmade.

Appears in 1 contract

Samples: Lease Agreement (Cellectar Biosciences, Inc.)

Rent. The Tenant shall pay to Landlord (or to Lender, if directed by Landlord), as minimum annual rent reserved under this Sublease for the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month Leased Premises during the Term; plus (b) such additional rent (“Additional Rent”) , the Basic Rent in an amount equal to arrears, on the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunderBasic Rent Payment Dates, and any other charges as shall become due and payable by Subtenant hereunder whether or not pay the same is designated by wire transfer in immediately available federal funds, by 9:30 a.m., New York time on the date due, to such account in such bank as Landlord (or Lender, if Landlord directs Tenant to pay Basic Rent directly to Lender) shall designate, from time to time. Basic Rent for the period from and including the Commencement Date through and including June 30, 2003 shall be paid on June 30, 2003 in the amount set forth for such period on Exhibit B-1 attached hereto. Tenant shall pay and discharge before the imposition of any fine, lien, interest or penalty that may be added thereto for late payment thereof, as Additional Rent, all other amounts and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every fine, penalty, interest and cost which may be added by the party to whom such payment is due for nonpayment or late payment thereof. In the event of any failure by Tenant to pay or discharge any of the foregoing, Landlord shall have all rights, powers and remedies provided herein, by law or otherwise, in the event of nonpayment of Basic Rent. All payments of Additional Rent that are payable to Landlord shall be paid by Tenant by wire transfer in immediately available federal funds to such account in such bank as Landlord (or Lender, if so directed by Landlord) shall designate, from time to time. If any installment of Basic Rent is not paid when the same is due, Tenant shall pay to Landlord or Lender, as the case may be, on demand, as Additional Rent, a Late Charge. Landlord and Tenant agree that this Lease is a true lease and does not represent a financing arrangement. Each party shall reflect the transactions represented by this Lease in all applicable books, records and reports (including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periodsincome tax filings) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount manner consistent with "true lease" treatment rather than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation"financing" treatment.

Appears in 1 contract

Samples: Lease (Performance Food Group Co)

Rent. Concessionaire shall pay, without offset, deduction, prior notice, or demand, as "Minimum Annual Rent” the sum of thirty thousand dollars ($30,000) or fifteen percent (15%) of annual gross receipts, whichever sum is xxxxxxx.xxxx Beginning with Contract Year Six (6) and on the first day of every fifth contract year thereafter, the Minimum Annual Rent shall be adjusted to reflect changes in the Consumer Price Index (CPI). Such CPI adjustments shall be made in accordance with the procedure set forth in Exhibit B, attached to and made a part of this contract. Concessionaire shall make payment of Minimum Annual Rent and other payments to State in lawful money of the United States. However, if any payment made by a check, draft, or money order is returned to State due to insufficient funds or otherwise, State shall have the right, at any time after the return, upon written notice to Concessionaire, to require Concessionaire to make all subsequent payments in cash or by cashier's or certified check. Beginning with the fifteenth (15th) day of the month following the opening of the concession for business, and on or before the fifteenth (15th) day of each month thereafter, Concessionaire shall furnish to State a verified statement of the concession’s gross receipts for the preceding month. Such statement shall be in a format provided by State and shall specify the current period and cumulative total of gross receipts for the concession through the end of the preceding month for the then current contract year. Concurrent with such monthly statement, the Concessionaire shall pay to State the appropriate rental fee for the preceding calendar month as prescribed above. Payments to State shall be made to the order of the Department of Parks and Recreation and delivered to the District Office identified herein below or at such other location as may from time to time be designated by State. If, at the end of the contract year, the total of monthly percentage rental payments made (or due) during that contract year is less than the Minimum Annual Rent required for that contract year, the difference shall be remitted to State with the last monthly sales statement for the contract year. Payments must be received by State on or before the fifteenth (15th) day of the month as described above. Any late payment shall constitute a breach of contract, giving rise to State's remedies as set forth below. Further, any late payment will be subject to a late penalty consisting of an administrative charge on the late amount, calculated at the rate of five percent (5%) of the amount of the late payment or portion thereof. The rent reserved parties agree that the late charge represents a fair and reasonable estimate of the costs State will incur because of late payment. Acceptance of the late charge by State shall not constitute a waiver of Concessionaire's default for the overdue amount, nor prevent State from exercising the other rights and remedies granted under this Sublease contract. Concessionaire shall pay the late charge as additional rent with the next monthly rent payment. [Initials of concessionaire(s)] Any amount due to State, if not paid within five (5) days following the due date, will bear interest from the due date until paid at the rate of ten percent (10%) per year or, if a higher rate is legally permissible, at the highest rate legally permitted. However, interest shall not be payable on late charges incurred by Concessionaire, nor on any amounts on which late charges are paid by Concessionaire, to the extent this interest would cause the total interest to be in excess of that legally permitted. Payment of interest shall not excuse or cure any default by Concessionaire. Upon written request by the Concessionaire to State demonstrating unusual or extenuating circumstances causing the late payment, the State, in its sole discretion, may waive the late charge. Further, in the event Concessionaire is prevented from carrying on the operations contemplated herein by reason of an Act of Nature or other reasons beyond Concessionaire's control, and when requested in writing in advance by Concessionaire, Minimum Rent may be abated in proportion to the amount by which gross receipts are reduced by the occurrence for such period of reduced or non- operation, as determined in the Term hereof sole discretion of State. If this contract is terminated by State because of Concessionaire's default, and if Concessionaire becomes liable for any deficiency in rent and/or fees by way of damages or otherwise, or if at any time during the contract term Concessionaire ceases to conduct in the Premises the business referred to herein below, then from and after the time of the breach causing this termination, or from and after the time of the cessation of business, all unpaid rent and/or fees prior to the breach causing termination or cessation of business shall become due and payable. The amount due shall be and consist deemed to be the greater of: (a) the Fixed Minimum Rent payable provided herein, or an amount based upon the average of the payments that have accrued to State as percentage rent during the twenty-four (24) months preceding the termination or cessation of business, unless the termination or cessation occurs within three (3) years of the beginning on of the Rent Commencement Date contract term, in Monthly Fixed Rent installments which event the previous twelve (12) or fewer, if applicable), months shall be used as specified in Paragraph 1(e) the basis of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationaverage.

Appears in 1 contract

Samples: www.parks.ca.gov

Rent. The rent reserved under this Sublease Tenant shall pay Landlord the full monthly Rent set forth above during each month of the Lease Term as rental for the Term hereof Residence and Landlord and Tenant hereby agree that Rent for each month, including any partial month during the first or final month of the Lease Term, shall be payable in full and consist of: (awithout proration with respect to the number of days Tenant is in possession during such month, except as otherwise expressly set forth herein with regard to Xxxxxxxx's delay in delivery of the Residence. Tenant acknowledges that the full amount of Rent stated is due even though the Lease Term does not encompass a full 365 days. Rent is payable in advance without demand, abatement or set-off, at the office of Landlord or at such other place(s) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advanceLandlord may designate, on or before the Commencement Date and the first day of each and every calendar month thereafter during the Lease Term; plus . IF MAILED, THE RENT AND ALL OTHER SUMS DUE UNDER THIS LEASE SHALL BE MAILED IN SUFFICIENT TIME AND WITH ADEQUATE POSTAGE THEREON TO BE ACTUALLY RECEIVED BY LANDLORD NO LATER THAN THE FIRST DAY OF THE MONTH. ANY RENT NOT ACTUALLY RECEIVED BY LANDLORD ON OR BEFORE THE FIRST DAY OF THE MONTH SHALL BE DELINQUENT AND IN DEFAULT. IF YOU DO NOT PAY RENT ON TIME This is your notice. If you do not pay your rent within five days of the due date, the Landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit. The parties hereby agree if Rent is not paid in full within five days from the date due, Tenant shall, in addition to any other remedies of Landlord, pay a late charge of $50.00 on the 5th day after the due date and an additional $10.00 per day (blate fee) thereafter. Personal checks will not be accepted after the tenth (10th) day of each month, as Rental payments must be in the form of a cashier’s check or money order if tendered after the tenth (10th) day of the month. Tenant shall pay a handling charge in the amount of $30 or 5% (whichever is greater) for each dishonored check, and, in addition, if applicable, the late charges set forth above. Returned checks must be redeemed by cashier’s check, certified check or money order. All monies received by Landlord shall be applied first to non-rent items (outstanding charges such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amountas, all charges for services and utilities supplied but not limited to, late charges, cleaning service fees, returned check charges, damages incurred by Sublessor hereunderor on behalf of Tenant), and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional then to Rent. At Landlord’s option, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that Landlord may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional require all Rent and other charges payable sums to be paid in check, certified check, or money order, and by one monthly payment rather than multiple payments by each Cotenant. Landlord shall at all times have the right to refuse payment in the form of “cash” for monies due hereunder for security purposes. The liability for Rent, in addition to all other obligations hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due joint and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent several among each and Additional Rent shall be paid to Sublessor in lawful money all of the United States at the address of Sublessor set forth at the head of this Sublease or individuals comprising Tenant. By providing a check for payment, Tenant is hereby given notice that Xxxxxx’s signed and completed check may be converted to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or an electronic fund withdrawal upon receipt by Sublessor Landlord via U.S. Mail or in designated drop box locations. Xxxxxxxx’s receipt of any Tenant’s check shall constitute Tenant’s authorization of such electronic fund withdrawal. Landlord has the right to not accept payment of less than the full amount of Rent, provided, however, the acceptance by Landlord of a check for a lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any with an endorsement or statement on thereon, or upon any letter accompanying such check or letter that such lesser amount shall constitute payment in full, shall be deemed an accord given no effect and satisfaction, and Sublessor Landlord may accept any check or such payment without prejudice to Sublessorany other rights or remedies which Landlord may have against Tenant. Any payment, however designated, may be accepted by Landlord and applied against any part of Tenant’s right to recover the balance then existing and then due Rent or Landlord may apply such payment against any sum then due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except may retain such payment (without interest) as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenantcredit against Xxxxxx’s possession of the Subleased Premises is affected by such casualty or condemnationaccruing future obligations.

Appears in 1 contract

Samples: Rental Agreement and Lease

Rent. The rent reserved under this Sublease for the Term hereof rents shall be and consist of: of Base Rent (aherein called "BASE RENT") the Fixed and Additional Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) (herein called "ADDITIONAL RENT"). For purposes of this Sublease Lease Agreement, Base Rent and Additional Rent are referred to collectively as "RENT." Base Rent shall be the amount indicated in advance, the Basic Lease Information. Base Rent shall be payable in equal monthly installments in advance on or before the first day of each and every calendar month during the Term; plus term of this Lease (b) such additional rent (“except to the extent otherwise specifically provided elsewhere in this Lease. Payment of Base Rent and Additional Rent”) in an amount Rent for the 5th Floor of the Premises shall commence on the 5th Floor Commencement Date and shall be equal to the Expense Adjustment Amount5th Floor rentable square feet multiplied by the (i) Base Rent per rentable square foot set forth in the Basic Lease Information, plus (ii) Additional Rent per rentable square foot as set forth in Section 4.1. Payment of Base Rent and Additional Rent for the 6th Floor of the Premises shall commence on the 6th Floor Commencement Date and shall be equal to the 6th Floor rentable square feet multiplied by the (i) Base Rent per rentable square foot set forth in the Basic Lease Information, plus (ii) Additional Rent per rentable square foot as set forth in Section 4.1 per rentable square foot set forth in the Basic Lease Information. Payment of Base Rent for the 15th Floor of the Premises shall commence on the 15th Floor Commencement Date and shall be equal to the 15th Floor rentable square feet multiplied by the Base Rent per rentable square foot set forth in the Basic Lease Information. Payment of Additional Rent for the 15th Floor of the Premises shall commence on the date Tenant occupies the 5th Floor for the operation of business and shall be equal to Additional Rent as set forth in Section 4.1 per rentable square foot set forth in the Basic Lease Information. Additional Rent shall consist of all charges for services and utilities supplied by Sublessor hereunder, and any other charges sums of money as shall become due from and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary Tenant to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter providedLandlord hereunder. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States of America to Landlord at the address of Sublessor set forth at the head of this Sublease its office or to such other person and/or at such other address place, as Sublessor may from time to time Landlord shall designate by notice to SubtenantTenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than Tenant shall pay the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Base Rent and Additional Rent promptly when due under this Subleasewithout notice or demand therefor and without any abatement, deduction or setoff for any reason whatsoever, except as may otherwise be expressly provided hereinin this Lease. If, in If the event Commencement Date for any floor occurs on a day other than the first day of a casualty calendar month, or condemnationthe Expiration Date occurs on a day other than the last day of a calendar month, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant Base Rent for such floor for that partial calendar month shall be entitled to prorated on a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationdaily basis.

Appears in 1 contract

Samples: Lease Agreement (Webtrends Corp)

Rent. In consideration of this lease, Xxxxxx promises and agrees to pay Landlord the Basic Rental (subject to adjustment as hereinafter provided) without demand, deduction or set off, for each month of the Lease Term. The rent reserved under this Sublease for the Term hereof first such monthly installment of Basic Rental shall be and consist of: (a) the Fixed Rent payable beginning by Tenant to Landlord on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, and continuing thereafter on or before the first day of each and every succeeding calendar month during the Lease Term; . Rent (herein meaning Basic Rental, as adjusted, Additional Rental, plus (b) such additional rent (“Additional Rent”) in an amount equal any other monetary sums due from Tenant to Landlord pursuant to the Expense Adjustment Amount, all charges terms of this lease) for services and utilities supplied by Sublessor hereunderany fractional month at the beginning of the Lease Term shall be prorated based on one three hundred sixty-fifth (1/365) of the current annual Basic Rental for each day of the partial month that this lease is in effect, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable on or before the Commencement Date. In the event any installment of Rent is not received within thirty ten (30l0) days after the due date thereof (without in any way implying Landlord's consent to such late payment) Tenant, to the extent permitted by law, agrees to pay, in addition to said installment of delivery by Sublessor the Rent, a late payment charge equal to Subtenant seven percent (7%) of notice to pay the same. Fixed Rent installment of the Rent, it being understood that said late payment charge shall constitute liquidated damages (but shall not void the occurrence of an event of default or eliminate any of Landlord's remedies therefor) and Additional Rent shall be paid for the purposes of reimbursing Landlord for the additional costs and expenses which Landlord presently expects to Sublessor incur in lawful money connection with the handling and processing of late installment payments of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, Tenant and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover Xxxxxxxx agree that the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein damages suffered by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, Landlord in the event of any such late payment(s) are not capable of being ascertained precisely, and that the foregoing charge constitutes a casualty reasonable and good faith estimate by the parties of the extent of such damages. Notwithstanding the foregoing, such late charges shall not apply to any sums which may have been advanced by Landlord to or condemnation, Sublessor is entitled to a rent abatement for the benefit of Tenant pursuant to Paragraphs 10 the provisions of this lease, it being understood that such advanced sums shall bear interest, which Xxxxxx hereby agrees to pay to Landlord, at the lesser of eighteen percent (18%) per annum or 26 the maximum rate of interest permitted by law to be charged Tenant for the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession use or forbearance of the Subleased Premises is affected by such casualty or condemnationmoney.

Appears in 1 contract

Samples: Lease Agreement (Flashnet Communications Inc)

Rent. The rent reserved under this Sublease for Tenant shall pay to Landlord, by check to be received at the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) business address of this Sublease in advanceLandlord designated herein, on or before the first day of each and every calendar month during the Term; plus (b) such additional Term of this Lease, the following Base Rent: $5,833.00 per month for the two-year initial term of the Lease, which amount shall be adjusted effective as of the first day of any renewal term in the manner provided in Paragraph VI below. In addition thereto, as an integral portion of the rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amountand as more particularly set forth as a covenant herein, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as Tenant shall become due and payable by Subtenant hereunder whether or not the same is designated as pay Additional Rent, includingconsisting of all insurances required herein, without limitationall taxes that may be assessed upon the Premises as provided herein, and the reasonable expenses incurred cost of all maintenance on the Premises as provided herein. Base Rent and Additional Rent, along with all other sums that become payable by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreementsTenant to Landlord under this Lease, covenantswhether paid to Landlord directly, or obligations under this Sublease paid to a third party for the benefit of Landlord and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings Premises, are necessary referred to obtain the possession of the Subleased Premises or to collect the rent; which Additional herein as "Rent." Tenant shall pay all Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, due without notice or demand therefor, therefor and without deduction, any abatement, counterclaim deduction or setoff of any amount or off set, for any reason whatsoever, except as may be expressly provided in this Lease. All Additional If the Tenant's obligation to pay Base Rent and other charges does not commence on the first day of a calendar month, or does not expire on the last day of a calendar month, the Base Rent payable hereunderby Tenant on the first fractional month, which are not due and payable on a monthly basis during or the last fractional month, as the case may be, shall be prorated for said month. Base Rent for any partial month at the beginning of the Term, unless otherwise specified hereinand Base Rent for the first full calendar month of the Term, shall be paid upon execution of this Lease. Tenant acknowledges that Tenant's late payment of Rent due Landlord will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such cost being extremely difficult and impractical to ascertain. Therefore, if Landlord does not receive any portion of the Rent due from Tenant within five (5) business days after notice to Tenant that such payment is overdue, Tenant shall pay to Landlord an additional sum equal to five percent (5%) of the overdue amount, which late charge (a) shall be due and payable within thirty on demand, (30b) days constitutes liquidated damages for each delinquent payment under applicable law, and (c) the payment of delivery late charges and the payment of interest are distinct and separate from one another in that the payment of interest is to compensate Landlord for the use of Landlord's money by Sublessor Tenant, while the payment of late charges is to Subtenant compensate Landlord for the additional administrative expenses incurred by Landlord in handling and processing delinquent payments. By their execution of notice this Lease, Landlord and Tenant confirm that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment, that the late charge is in addition to any and all remedies available to Landlord and that the assessment and/or collection of the late charge shall not be deemed a waiver by Landlord of such failure or to any other default under this Lease. Additionally, all such delinquent Rent, plus any late charge, shall bear interest at the rate of fourteen percent (14%) per annum, or, if lower, the maximum interest rate permitted by law (as applicable, the "Default Rate"), from the date due until paid. If any payment of Rent is returned for insufficient funds, Landlord may require Tenant to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate all future payments by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationcashier's check.

Appears in 1 contract

Samples: Pyramid Breweries Inc

Rent. The rent reserved under Tenant shall timely pay to Landlord Rent (as defined in the Basic Lease Information), including the amounts set forth in Exhibit C hereto, without notice, demand, deduction or set-off (except as otherwise expressly provided herein), by good and sufficient check drawn on a national banking association at Landlord's address provided for in this Sublease for the Term hereof Lease or as otherwise specified by Landlord and shall be accompanied by all applicable state and consist of: (a) local sales or use taxes, if applicable. Except as otherwise expressly set forth herein, the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) foregoing covenants of this Sublease in advanceTenant are independent covenants and Tenant shall have no right to withhold or xxxxx any payment of Base Rent, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment AmountTenant's Annual Electricity Charge, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, Taxes, Insurance or other payment, or to set off any amount against the Base Rent, Tenant's Annual Electricity Charge, Additional Rent, Taxes, Insurance or other payment then due and payable, or to terminate this Lease, because of any breach or alleged breach by Landlord of this Lease or because of the condition of the Premises. Tenant hereby acknowledges and agrees that it has been represented by counsel of its choice and has participated fully in the negotiation of this Lease, that Tenant understands that the remedies available to Tenant in the event of a default by Landlord may be more limited than those that would otherwise be available to Tenant under the common law in the absence of certain provisions of this Lease, and that the so-called "dependent covenants" rule as developed under the common law (including, without limitation, the reasonable expenses incurred by Sublessor statement of such rule as set forth in the enforcement Restatement (after default by Subtenant hereunder beyond applicable cure periodsSecond) of any of the agreementsProperty, covenants, or obligations under Section 7.1) shall not apply to this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises Lease or to collect the rent; which Additional Rent relationship of landlord and tenant created hereunder. Base Rent, adjusted as herein provided, and Tenant's Annual Electricity Charge shall be payable as hereinafter providedmonthly in advance. All rent due The first (1st) monthly installment of Base Rent and payable by Subtenant hereunder Tenant's Annual Electricity Charge shall be paid promptly when duepayable contemporaneously with the execution of this Lease; thereafter, without notice or demand therefor, Base Rent and without deduction, abatement, counterclaim or setoff Tenant's Annual Electricity Charge shall be payable on the first (1st) day of any amount or each month beginning on the first (1st) day of the second (2nd) full calendar month of the Term. The monthly Base Rent and Tenant's Annual Electricity Charge for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during partial month at the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money beginning of the United States at Term shall equal the address product of Sublessor set forth at the head of this Sublease 1/365 (or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnationleap year, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 1/366) of the Main Leaseannual Base Rent and Tenant's Annual Electricity Charge in effect during the partial month and the number of days in the partial month, Subtenant and shall be entitled to a proportionate abatement due on the Commencement Date. Payments of Base Rent and Tenant's Annual Electricity Charge for any fractional calendar month at the end of the Term shall be similarly prorated. Tenant shall pay Tenant's Annual Electricity Charge Additional Rent, Taxes and Insurance (each as defined in Exhibit C) at the same time and in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationsame manner as Base Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Zix Corp)

Rent. The During the term of this Sublease, Sublessee shall pay as rent reserved under this Sublease ---- ("Rent") for the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in Premises an amount equal to the Expense Adjustment Amountmonthly Rent under the Master Lease, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as which at the commencement of this sublease is $84,999.99. The Rent shall become due and payable by Subtenant hereunder whether or not increase periodically during the term pursuant to the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred terms and conditions by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter providedincrease under the Master Lease. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor without demand, deduction, set-off or counterclaim, in lawful money advance on the first day of each calendar month during the United States at the address term of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, and in the event of a casualty or condemnationpartial rental month, rent shall be prorated on the basis of the number of days in the month. Sublessee shall pay to Sublessor upon the execution hereof the first full monthly installment of Rent. In addition to the above Sublessee shall pay to Sublessor on a monthly basis as Additional Rent all costs and expenses attributable to the Premises payable under the Master Lease, as incorporated herein, including but not limited to utilities, real estate taxes, insurance and other operating expenses which Sublessor is entitled required to a rent abatement pursuant pay under the Master Lease. In no event shall Sublessee's obligation to Paragraphs 10 or 26 of pay Additional Rent exceed the Main amount attributable to the Premises due and payable by Sublessor under the Master Lease. To the extent paid by Sublessee, Subtenant Sublessee shall be entitled to a proportionate abatement all credits, if any, given by Master Lessor to Sublessor for Sublessor's overpayments of Additional Rent. Payment of all Rent Additional Rent and other amounts due and payable from Sublessee to Sublessor, shall paid in accordance with this Lease at the Fixed Rent due under this Subleasefollowing address, provided that Subtenant’s possession of or such other address as the Subleased Premises is affected by such casualty or condemnation.Sublessor shall instruct the Sublessee in writing: Raytheon Company 0000 Xxxxxxxxx Xxxxxxxxx Xxxxx Xxxxxx, XX 00000-0000 ATTN: Xxxxx Xxxxxxx

Appears in 1 contract

Samples: Agreement (Concentric Network Corp)

Rent. The rent reserved under On the date that Tenant executes this Sublease Lease, Tenant shall deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the first month Tenant is required to pay Base Rent), the Additional Security Deposit as described in Section 4, and all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 of this Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Base Rent described in the Basic Lease Information, payable in advance at Landlord's address specified in the Basic Lease Information on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term hereof of the Lease. In addition to the Base Rent set forth in the Basic Lease Information, Tenant shall pay Landlord in advance on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease, as Additional Rent, Tenant's Share of Operating Expenses. Tax Expenses, Common Area Utility Costs, and Utility Expenses, as well as the Administrative Expenses, Tenant shall also pay to Landlord as Additional Rent hereunder, immediately on Landlord's demand therefor, any and all costs and expenses incurred by Landlord to enforce the provisions of this Lease, including, but not limited to, costs associated with the delivery of notices, delivery and recordation of notice(s) of default, attorneys' fees, expert fees, court costs and filing fees (collectively, the "Enforcement Expenses"). The term "Rent" whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the waiver of the requirement to pay rental payments shall only apply to waiver of the Base Rent and Tenant shall otherwise perform all other obligations of Tenant required hereunder. The Rent for any fractional part of a calendar month at the commencement or termination of the Lease term shall be and consist of: a prorated amount of the Rent for a full calendar month based upon a thirty (a30) the Fixed day month. The prorated Rent payable beginning shall be paid on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before and the first day of each and every the calendar month during in which the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to date of termination occurs, as the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that case may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationbe.

Appears in 1 contract

Samples: Lease Agreement (Interlink Electronics)

Rent. On the date that Tenant executes this Lease, Tenant shall deliver to Landlord the original executed Lease, the Security Deposit, and all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 and Exhibit B of this Lease. Tenant agrees to pay Landlord the Base Rent, without prior notice or demand, abatement, offset, deduction or claim, in advance at Landlord’s Address on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of the Lease. In addition to the Base Rent, Tenant shall pay Landlord in advance on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease, as Additional Rent, Tenant’s Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses. The rent reserved under this Sublease term “Rent” whenever used herein refers to the aggregate of all the amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the waiver of the requirement to pay rental payments shall only apply to the waiver of the Base Rent. The Rent for any fractional part of a calendar month at the commencement or expiration or termination of the Lease Term shall be a prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. Any prorated Rent shall be paid on the Commencement Date, and any prorated Rent for the Term final calendar month hereof shall be and consist of: (a) the Fixed Rent payable beginning paid on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every the calendar month during in which the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether date of expiration or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationtermination occurs.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Rent. The rent reserved under this Sublease for Beginning on the Term hereof Commencement Date, Tenant agrees to pay the Base Rent set forth in Section 1(J) to the Payee specified in Section 1(L), at the address specified in Section 1(M), or to such other payee or at such other address as may be designated by notice in writing from Landlord to Tenant, without prior demand therefor and without any deduction whatsoever. Base Rent shall be and consist of: (a) the Fixed Rent payable beginning paid in equal monthly installments in advance on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each month of the Term, except that the first installment of Base Rent shall be paid by Tenant to Landlord upon execution of this Sublease by Tenant. Base Rent shall be pro-rated for partial months at the beginning and every calendar month end of the Term. The Base Rent is not scheduled to be adjusted under the Prime Lease; in the event the Landlord subleases unused portions of the premises during the Term; plus (b) Term such additional rent (“that shared expenses and any other costs can be re-allocated among all sub-lessees, then the Base Rent shall be adjusted to reflect such savings or cost avoidance. All charges, costs and sums required to be paid by Tenant to Landlord under this Sublease in addition to Base Rent shall be deemed "Additional Rent”) ", and Base Rent and Additional Rent shall hereinafter collectively be referred to as "Rent". Tenant's covenant to pay Rent shall be independent of every other covenant in this Lease. If Rent is not paid when due, Tenant shall pay, relative to the delinquent payment, an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and sum which would be payable by Subtenant hereunder whether or not Landlord to Prime Landlord for an equivalent default under the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Prime Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Stockgroup Information Systems Inc)

Rent. The rent reserved All rents payable under this Sublease for the Term hereof Leases and collected by Seller prior to the Closing Date shall be prorated between Seller and consist of: (a) Buyer as of the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal prior to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter providedClosing Date. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant Seller shall be entitled to a proportionate abatement in such rents attributable to any period to but not including the Fixed Rent due under this Sublease, provided that Subtenant’s possession Closing Date. Buyer shall be entitled to such rents attributable to any period on and after the Closing Date. Rents not collected as of the Subleased Premises Closing Date shall not be prorated at the time of Closing. After Closing, Buyer shall make a good faith effort to collect on Seller’s behalf any rents for any period prior to the Closing Date and not collected as of the Closing Date and to tender the same to Seller upon receipt; provided, however, that all rents collected by Buyer on or after the Closing Date shall first be applied to all amounts due Buyer under the applicable Lease at the time of collection (i.e., current rents and any rents owed to Buyer for any period prior to Buyer’s receipt of payment from the tenant) with the balance (if any) payable to Seller, but only to the extent of amounts actually due Seller. Buyer shall not have an exclusive right to collect the rents due Seller and any other amounts due Seller under the Leases, and Seller hereby retains its rights to pursue claims against any tenant under the Leases or other party for sums due with respect to any period prior to the Closing Date; provided, however, that with respect to any legal proceedings against any tenant under a Lease, Seller (a) shall be required to notify Buyer in writing of its intention to commence or pursue such legal proceedings; (b) shall only be permitted to commence or pursue any legal proceedings after the date which is affected by sixty (60) days after Closing; and (c) shall not be permitted to commence or pursue any legal proceedings seeking eviction of such casualty tenant or condemnationthe termination of any Lease. The terms of this Section 6.1 shall survive the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Rent. The rent reserved under this Sublease Tenant shall pay to Landlord as the Base Rent for the Term hereof Premises the amount set forth in Section 1(i), subject to adjustment as hereinafter provided. Nothing contained herein shall be and consist of: (a) construed at any time so as to reduce the Fixed Base Rent payable beginning on hereunder below the amount set forth above. Base Rent Commencement Date shall be adjusted in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before accordance with the first day of each and every calendar month during the Term; plus following provisions (b) any such additional rent (adjustment is “Additional Rent”). Prior to January 1 of each year in the Term or as soon thereafter as reasonably possible, Landlord shall provide Tenant with an estimate (which Landlord may re-estimate at any time) of Operating Expenses and Taxes for the next calendar year in the Term (each, an “Operating Period”), and commencing on January 1 of each Operating Period, one-twelfth (1/12) of Tenant’s Pro-rata Share of the estimated Operating Expenses and Taxes will be due each month from Tenant as Tenant’s Additional Rent during such Operating Period. If Landlord’s statement is furnished after the start of an Operating Period, then Tenant shall continue to pay the monthly amount equal of its Additional Rent due for the prior Operating Period and on the next monthly Additional Rent payment date after Tenant receives Landlord’s statement, Tenant shall also pay any excess amounts allocable to the Expense Adjustment Amountprior months in that Operating Period. As of the Effective Date of this Lease, all charges Landlord's estimate is that the amount that will be due as Additional Rent hereunder for services and utilities supplied by Sublessor hereunderthe year in which the Commencement Date occurs will be $12.41 per RSF of the Rentable Area of Premises per year. Until further written notice is forwarded from Landlord to Tenant in accordance with the provisions of this Lease, and any other charges as Tenant shall become due and payable by Subtenant hereunder whether or not the same is designated remit 1/12th of this amount to Landlord monthly as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of at the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord same time and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except same manner as may otherwise be expressly provided herein. If, in the event Tenant’s monthly payments of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationBase Rent.

Appears in 1 contract

Samples: Commercial Lease Agreement (Moleculin Biotech, Inc.)

Rent. The Beginning on the Commencement Date, but subject to the Abated rent reserved under this Sublease for Period described above, Subtenant agrees to pay the Term hereof Annual Fixed Rent set forth in Section 1(L) to the Payee specified in Section 1(M), by ACH transfer in accordance with the instructions provided in Section 1(O)), or to such other payee or at such other address as may be designated by notice in writing from Sublandlord to Subtenant, without prior demand therefor and without any deduction or set off whatsoever (except as expressly set forth herein or in the Prime Lease as incorporated herein). Annual Fixed Rent shall be and consist of: paid in monthly installments (aas set forth in Section 1(L)) the Fixed Rent payable beginning in advance on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every month of the Term after the Commencement Date. Annual Fixed Rent shall be pro-rated for any partial calendar month during at the beginning and end of the Term; plus (b) such additional rent (, All charges, costs and sums required to be paid by Subtenant under this Sublease in addition to Annual Fixed Rent, shall be deemed “Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Annual Fixed Rent and Additional Rent shall hereinafter collectively be referred to as “Rent”. Subtenant’s covenant to pay Rent shall be independent of every other covenant in this Sublease. Any amount due from Subtenant to Sublandlord under this Sublease that is not paid when due shall bear annual interest from the due date at the lesser of (i) three percent (3%) above the prime rate as reported in The Wall Street Journal on the date closest to Sublessor in lawful money the date such payment was required to be made hereunder and (ii) the highest legal rate permitted under the laws of the United States at Commonwealth of Massachusetts (the address “Interest Rate”), such interest to accrue from the date due until paid unless otherwise specifically provided herein, but the payment of Sublessor set forth at the head of this Sublease such interest shall not excuse or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment cure any default by Subtenant or receipt by Sublessor under this Sublease. Notwithstanding the foregoing, Sublandlord agrees to waive the payment of interest as provided in the immediately preceding sentence with respect to the first late payment of Rent during any lesser amount than the amount stipulated to twelve-month period. Sublandlord shall also be paid hereunder shall be deemed other than entitled, on account of the earliest stipulated Fixed a failure by Subtenant to make any payment of Rent or Additional Rent; nor shall when due (except with respect to a first late payment of Rent during any endorsement or statement on any check or letter be deemed an accord and satisfactiontwelve-month period), and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or charge as Additional Rent incorporated herein by reference shall be deemed a fee equal to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 five percent (5%) of the Main Lease, Subtenant shall be entitled to a proportionate abatement amount due as compensation for Sublandlord’s administrative costs in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by investigating and collecting such casualty or condemnationlate payment.

Appears in 1 contract

Samples: April 2012 Letter Agreement (Chiasma, Inc)

Rent. The Tenant shall pay rent reserved consisting of (i) Base Rent, and (ii) all other sums that become payable by Tenant under this Sublease Lease, whether to Landlord directly, or to a third party for the Term hereof benefit of Landlord and the Premises (“Additional Rent”). Base Rent and Additional Rent are referred to herein as “Rent.” All Rent shall be and consist of: (a) the Fixed Rent payable beginning paid in advance on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each month unless otherwise provided herein. Tenant shall pay to Landlord, with all Rent, the portion of any rent, transaction, privilege, business activity, or other tax now or hereafter imposed on any Rent that will be paid by Landlord attributable to such Rent. If any such tax is payable only above a certain level of total Project rents, then the amount payable by Tenant will be estimated by Landlord based on the ratio of Rents paid by Tenant divided by total anticipated rental from the Project for that year; Landlord shall reconcile the estimated payments with the actual amount of total rental from the Project and every calendar month during the Term; plus (b) total of such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied tax paid by Sublessor hereunderLandlord, and any other charges as shall become due and payable by Subtenant hereunder whether adjustment payment or not credit will be made, on the same is designated basis as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary applies to obtain the possession of the Subleased Premises or Operating Expense reconciliations pursuant to collect the rent; which Additional Rent shall be payable as hereinafter providedSection 4 below. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or Landlord, at such other address place as Sublessor may Landlord shall designate by written notice to Tenant from time to time designate by time. Tenant shall pay all Rent promptly when due without notice to Subtenant. No payment by Subtenant or receipt by Sublessor of demand therefor and without any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent abatement, deduction or Additional Rent; nor shall off set, for any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Subleasereason whatsoever, except as may otherwise be expressly provided hereinin this Lease. If, in If the event Tenant’s obligation to pay Base Rent does not commence on the first day of a casualty calendar month, or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 does not expire on the last day of the Main calendar month, the Base Rent payable by Tenant on the first fractional month, or the last fractional month, as the case may be, shall be prorated for said month. Base Rent for the first full calendar month of the Term for which Base Rent is payable shall be paid upon execution of this Lease, Subtenant and Base Rent for any partial month at the beginning of the Term shall be entitled to a proportionate abatement in due on the Fixed Commencement Date. Tenant acknowledges that Tenant’s late payment of Rent due Landlord will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such cost being extremely difficult and impractical to ascertain. Therefore, if Landlord does not receive any Rent due from Tenant within five (5) days of when due more than once in any twelve (12) month period of the Term of this Lease, Tenant shall pay to Landlord an additional sum equal to five percent (5%) of the overdue amount, which late charge shall be due and payable on demand. The payment of late charges and the payment of interest are distinct and separate from one another in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for the additional administrative expenses incurred by Landlord in handling and processing delinquent payments. By their execution of this Lease, Landlord and Tenant confirm that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment, that the late charge is in addition to any and all remedies available to Landlord and that the assessment and/or collection of the late charge shall not be deemed a waiver by Landlord of such failure or of any other default under this SubleaseLease. Additionally, all such delinquent Rent, shall bear interest at the rate of five percent (5%) plus the Prime Rate (as hereinafter defined) per annum from the date due until paid; provided however, that Subtenant’s possession the foregoing interest shall not apply to the first such late payment in any twelve (12) month period of the Subleased Premises Term of this Lease until following written notice to Tenant and the expiration of five (5) days thereafter without cure, or, if lower, the maximum interest rate permitted by law (as applicable, the “Default Rate”), from the date due until paid. For purposes hereof, the “Prime Rate” shall be the per annum interest rate publicly announced by Bank of America as its prime or base rate (or, if Bank of America ceases to exist or to announce a prime or base rate, the prime or base rate of another national banking association). If any payment of Rent is affected returned for insufficient funds, Landlord may require Tenant to pay all future payments by such casualty or condemnationcashier’s check.

Appears in 1 contract

Samples: Lease Agreement (Twist Bioscience Corp)

Rent. The rent reserved under this Sublease for Lessee agrees to pay to Lessor or its assignee the Term hereof shall be and consist of: lease payments, including the interest thereon (aherein the "Lease Payments") the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent Leasing Schedule. The Lease Payments shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address Delaware headquarters of Sublessor set forth at the head of this Sublease Lessor (or to such other person and/or at such other address place as Sublessor Lessor or its assignee may from time to time designate by notice in writing) and shall commence as set forth in the Leasing Schedule (each applicable due date, a “Lease Payment Date”), and continue thereafter as specified in the Leasing Schedule. Any Lease Payment or other amount due from Lessee under the Lease (whether prior to Subtenantor after a Default (as hereinafter defined) and including, without limitation, accelerated balances) that is received later than ten (10) days from the due date shall bear interest from the due date at the lesser of 12% per annum or the highest lawful rate. No payment by Subtenant Except as specifically provided in Section 8 hereof, Lessee's obligation to pay the Lease Payments is absolute and unconditional in all events and is not subject to any abatement, set-off, defense, counterclaim, or receipt by Sublessor recoupment claim for any reason whatsoever, including without limitation any failure of any lesser amount than of the amount stipulated Equipment to be paid hereunder delivered or installed, any condemnation or loss of or damage to the Equipment, any defect therein or any unfitness or obsolescence thereof. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the period beginning with the Lease Commencement Date and ending on the last Lease Payment Date set forth on the Leasing Schedule (the "Maximum Lease Term") and hereby covenants that its staff shall properly request funds from Lessee's governing body from which Lease Payments may be made, including making provision for such payments to the extent necessary in each budget submitted to its governing body for consideration; provided, however, that nothing in the Lease shall be deemed construed to create an indebtedness or commitment of funds other than on account current revenues of Lessee. Lease Payments have been calculated based upon the interest portion of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord Lease Payments being excludable from gross income for federal, state and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided hereinlocal income tax purposes. If, in the event opinion of a casualty or condemnationnationally recognized bond counsel in matters pertaining to the tax-exempt status of interest on obligations issued by states and their political subdivisions acceptable to both Lessor and Lessee, Sublessor Lessor is no longer entitled to a rent abatement pursuant to Paragraphs 10 or 26 exclude the interest portion of the Main Lease Payments from its gross income for federal, state and local income tax purposes, Lessor, at Lessor's option, shall recalculate the Lease Payments for the remaining term of the Lease and/or extend the original term of the Lease, Subtenant as permitted by law, to protect Lessor's originally anticipated after tax yield from the Lease Commencement Date to the end of the Maximum Lease Term. Such recalculations shall be entitled to a proportionate abatement in on the Fixed Rent due under this Sublease, provided basis that Subtenant’s possession the interest portion of the Subleased Premises Lease Payments is affected subject to (a) federal income tax at the highest marginal corporate tax rate and (b) state and local income tax at the highest marginal corporate tax rate or other similar tax rate as may be applicable in each state or locality, as applicable. In such event, Lessee authorizes Lessor to correct the Leasing Schedule (and all related documentation) to reflect such changes, and Lessee, if requested by Lessor, shall execute an amendment to the Leasing Schedule prepared by Lessor to reflect such casualty or condemnationchanges.

Appears in 1 contract

Samples: Master Lease Purchase Agreement

Rent. The rent reserved under During the Initial Term of this Sublease for Lease, Tenant shall pay to Landlord at the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning on address herein provided, the Rent Commencement Date as set out in Monthly Fixed Rent Section 1.01 (E) above, in equal monthly installments as specified in Paragraph 1(e) of this Sublease in advance, commencing on or before the Commencement Date. The Rent provided for hereunder shall adjust on the first day of each and every calendar month Renewal Term (each a "Change Date") to reflect any change in the cost of living during the Term; plus previous five (b5) such additional rent (“Additional Rent”) in an amount equal to year Initial Term or Renewal Term just ended, as applicable, based upon the Expense Adjustment AmountConsumer Price Index, All Urban Consumers, U.S. City Average, all charges for services and utilities supplied Items, base period 1982-84 (hereinafter referred to as the "Index"), published by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) Bureau of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money Labor Statistics of the United States at Department of Labor. As to the address first Renewal Term, the index number for the month of Sublessor set forth at the head Commencement Date shall be the "Base Index Number" and as to each subsequent Renewal Term(s) the index number for the first month of the Renewal Term just completed shall be the "Base Index Number", as the case may be. The index number on each Change Date shall be the "Current Index Number" for the Renewal Term which is commencing. The Base Index Number shall be subtracted from the Current Index Number, and the result obtained shall be converted to a percentage of the Base Index Number. The Rent payable during any Renewal Term of this Sublease Lease shall then be increased or to decreased by such other person and/or at such other address percentage (the "Adjusted Rent"), as Sublessor may from time to time designate applicable, effective as of the first day of the applicable Renewal Period, and the Adjusted Rent for any Renewal Term shall be payable in equal monthly installments, in the manner provided for under the terms of this Lease. Tenant shall continue payment of the rental rate in effect for the expiring period until notified in writing by notice to Subtenant. No payment by Subtenant or receipt by Sublessor Landlord of any lesser amount than change. Landlord shall provide to Tenant written notice of any rental adjustment, including a memorandum showing the amount stipulated calculations used by Landlord in determining the new monthly rental. On the first day of the calendar month immediately succeeding receipt of such notice, Tenant shall commence payment of the new monthly rental specified in the notice, and shall also pay to be Landlord, with respect to the month(s) already expired, the difference, if any of the required monthly rentals specified in the notice over the monthly amounts actually paid hereunder by Tenant. If publication of the Index shall be deemed other than on account discontinued, the most comparable index published by any branch or department of the earliest stipulated Fixed Rent or Additional Rent; nor United States Government shall any endorsement or statement on any check or letter be deemed an accord and satisfactionsubstituted, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision such adjustments in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference method of computation shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except made as may otherwise be expressly provided hereinnecessary to carry out the intent of this cost-of-living provision. If, It is the intention of Landlord and Tenant that the monthly rental shall be adjusted either upward or downward on each Change Date in the event of a casualty an increase or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 decrease in the Index or 26 an equivalent increase or decrease in the event of reevaluation or revision of the Main LeaseIndex. In the event that the Adjusted Rent for any Renewal Term is less than the Rent payable for the preceding Renewal Term, Subtenant any credit for excess Rent paid by Tenant shall be entitled applied as an offset against subsequent installments of Rent to a proportionate abatement in the Fixed Rent come due under the terms of this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationLease.

Appears in 1 contract

Samples: Lease Agreement (Petro Stopping Centers L P)

Rent. During the Lease Term, Tenant shall pay to Landlord the Annual Fixed Rent as set forth in Sect on 1(i). The rent reserved under this Sublease for the Term hereof Annual Fixed Rent shall be payable by Tenant beginning on the Commencement Date (unless otherwise provided herein) in monthly installments equal to he Monthly Fixed Rent as set forth in Section 1(q), in advance on the first day of each month, at the address set forth in Section 1(q) or at such other place as Landlord may direct Tenant by twenty (20) days prior written notice; and consist of: (a) the shall be payable without prior notice or demand, and without any set-off, deduction or counterclaim whatsoever except that Tenant shall receive a credit against Annual Fixed Rent payable beginning on under this Lease, which credit shall equal the Rent Commencement Date in aggregate Monthly Fixed Rent (less the Operating Expense Base) actually paid by Tenant to Landlord pursuant to a previous lease between Tenant and Landlord dated December 17, 1993, for Suite 226 of the Office Park, and shall be applied to the installments of Monthly Fixed Rent until such credit is exhausted. Tenant shall also pay to Landlord, as specified "Additional Rent" hereunder, the "Operating Expense- Adjustment" (as defined in Paragraph 1(e) Section 7.A.), which includes "Real Estate Taxes" (as defined in Section 7.B.), in accordance with the provisions of Section 7 hereof, and charges for all electricity consumed upon the Premises pursuant to Section 6 hereof, and all other sums chargeable to Tenant hereunder. All sums payable by Tenant under this Sublease Lease, whether or not stated to be Annual Fixed Rent or Additional Rent, are included in advanceand shall be deemed to be "Rent" payable by Tenant to Landlord under this Lease, and shall be collectible by Landlord as Rent and in the event of a default in payment thereof, Landlord shall have the same rights and remedies as for a failure to pay Annual Fixed Rent (without prejudice to any other right or remedy therefor). If the Lease Term commences on a day other than the first day of a calendar month, Tenant shall pay to Landlord, on or before the Commencement Date of the Lease Term, a pro rata portion of the Monthly Fixed Rent from such day until the first day of each and every the following month, such pro rata portion to be based on the number of days during the first full calendar month during within the Lease Term; plus (b) such additional rent (“Additional Rent”) in an amount equal . Tenant hereby covenants and agrees to the Expense Adjustment Amount, pay all charges for services and utilities supplied by Sublessor hereunderRent when due, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated to pay interest to Landlord, as Additional Rent, including, without limitation, at the reasonable expenses incurred by Sublessor in "Overdue Interest Rate" (hereinafter defined) (i) on all overdue installments of Monthly Fixed Rent from the enforcement due date thereof to the date of payment and (after default by Subtenant hereunder beyond applicable cure periodsii) on all overdue payments of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be or other sums payable to Landlord hereunder from the due date thereof or from the date of demand for payment, as hereinafter providedthe case may be, until the date of payment. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified As used herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.the

Appears in 1 contract

Samples: Escrow Agreement (Sparta Pharmaceuticals Inc)

Rent. The rent reserved under this Sublease for the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning Commencing on the Phase 1/2 Rent Commencement Date (in Monthly Fixed respect of the Phase 1 Premises and the Phase 2 Premises) and the Phase 3 Rent installments as Commencement Date (in respect of the Phase 3 Premises), Subtenant agrees to pay the Basic Rent set forth in Section 1.10 to the Payee specified in Paragraph 1(e) of this Sublease Section 1.11, via wire transfer, in advanceimmediately available funds, using the instructions set forth on Exhibit F or before to such other payee or at such address as may be designated by notice in writing form from Sublandlord to Subtenant, without prior demand therefor and without any set-off, deduction or abatement whatsoever, except as otherwise expressly permitted hereunder or under the Prime Lease. Basic Rent shall be paid in equal monthly installments in advance on the first day of each and every calendar month during of the Term; plus (b) such additional rent (. Basic Rent shall be pro-rated for partial months at the beginning and end of the Term. All charges, costs and sums required to be paid by Subtenant to Sublandlord under this Sublease in addition to Basic Rent shall be deemed “Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Basic Rent and Additional Rent shall hereinafter collectively be paid referred to Sublessor as “Rent”. Subtenant’s covenant to pay Rent shall be independent of every other covenant in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to SubtenantSublease. No payment If any check tendered by Subtenant or receipt by Sublessor in payment of any lesser amount than the amount stipulated to be paid hereunder Rent, it shall be deemed subject to collection; and, if the same is dishonored upon presentment for payment, Sublandlord, in addition to all other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord rights and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision remedies contained in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise assess a dishonor charge of Fifty Dollars ($50.00); and Sublandlord shall thereafter have the right to insist that all of Subtenant’s further payments be expressly provided hereinmade by wire transfer or certified check. If, in the event of a casualty If Subtenant fails to pay any Basic Rent or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 any Additional Rent within five (5) calendar days of the Main Leasetime it is due and payable, then such unpaid amounts shall bear interest from the due date thereof to the date of payment at the rate of thirteen percent (13%) per annum. Subtenant shall pay the first monthly installment of Basic Rent (which shall be entitled to a proportionate abatement in credited against the Fixed Basic Rent due under this Sublease, provided that Subtenant’s possession of and payable on the Subleased Premises is affected by such casualty Phase 1/2 Rent Commencement Date) on or condemnationprior to the Phase 1 Tender Date.

Appears in 1 contract

Samples: Sublease (Integral Systems Inc /Md/)

Rent. The rent reserved under this Sublease for A. Tenant covenants and agrees to pay to Landlord during the Term hereof shall be and consist of: (a) Lease Term, without any setoff or deduction whatsoever, the Fixed Rent payable beginning on full amount of all Base Rental payments, subject to the Rent Commencement Date Abatement set forth in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunderExhibit E hereof, and any adjustments thereof, due in accordance with the rental schedule set forth in Exhibit B-1 hereof (the "Base Rental"), the full amount of all payments of Additional Base Rental due in accordance with Exhibit B-2 hereof and the full amount of all parking charges, if any, due in accordance with this Lease (the "Additional Base Rental") end all such other charges reasonable sums of money as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, under this Lease (including, without limitation, any reasonable charges for replacement of electric lamps and ballasts and any other services, goods or materials furnished by Landlord at Tenant's request), all of which hereinafter may be collectively called "Rent". Except as otherwise provided herein, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, Base Rental and Additional Base Rental for each calendar year or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis portion thereof during the Lease Term, unless otherwise specified herein, shall be due and payable within thirty (30) days in advance in equal monthly installments on the first day of delivery by Sublessor to Subtenant of notice each calendar month during the Lease Term and any extensions or renewals hereof, and tenant hereby agrees to pay the same. Fixed Rent such Base Rental and Additional Rent Base Rental to Landlord without demand, provided that the installment of Base Rental for the first full calendar month of the Lease Term shall be paid to Sublessor in lawful money of payable upon the United States at the address of Sublessor set forth at the head execution of this Sublease Lease by Tenant. If the Lease term, commences on a day other than the first day of a month or to terminates on a day other than the last day of a month, then the installments of Base Rental and Additional Base Rental for such other person and/or at month or months shall be prorated, based on the number of days in such other address as Sublessor may from time to time designate month. All such payments shall be by notice to Subtenanta good and sufficient check. No payment by Subtenant Tenant or receipt or acceptance by Sublessor Landlord of any a lesser amount than the correct amount stipulated to be paid hereunder of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest stipulated Fixed Rent or Additional Rent; due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and Sublessor Landlord may accept any such check or payment without prejudice to Sublessor’s Landlord's right to recover the balance or pursue any. other available remedy. The acceptance by Landlord of any Rent on a date after the due or date of such payment shall not be construed to pursue be a waiver of Landlord's right to declare a default for any other remedy available late payment. Tenant's covenant to Sublessor. Any provision in the Main Lease referring to Fixed pay Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under independent of every other covenant set form in this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnation.

Appears in 1 contract

Samples: Office Lease Agreement (Alloy Online Inc)

Rent. The Current rent reserved (excluding additional rent which is prorated as provided above) which has been paid under this Sublease for the Term hereof Leases shall be and consist of: (a) the Fixed Rent payable beginning prorated based on the Rent Commencement Date actual number of days in Monthly Fixed Rent installments as specified the month in Paragraph 1(e) which the Close of this Sublease in advanceEscrow occurs on which each party is the owner of the Property. At the Close of Escrow, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal Seller shall credit to the Expense Adjustment Amountaccount of Buyer against the Purchase Price all prepaid rents and other charges, all charges including security deposits, paid in advance and attributable to the period from and after the Close of Escrow (including the Closing Date). Notwithstanding the foregoing, no prorations shall be made for services and utilities supplied by Sublessor hereunder, and any other charges as shall become unpaid amounts due and payable prior to the Closing Date or for delinquent rents existing, if any, as of the Closing Date. Although no adjustments shall be made in Seller’s favor for rents which have accrued and are unpaid as of the Closing Date, Buyer shall pay Seller such accrued and unpaid rents as and when collected by Subtenant hereunder whether or Buyer, it being agreed, however, that Buyer shall not be deemed to have collected such arrearages attributable to the same period prior to Closing until such time as the Lessee is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor current in the enforcement payment of all rent and other sums accruing after the Closing Date. For a period of 90 days after the Closing Date, Buyer agrees to xxxx Lessees of the Property for all past due rents that are accrued but unpaid as of the Closing Date; however, (after default i) Buyer shall not be obligated to incur any out-of-pocket expenses (unless paid by Subtenant hereunder beyond applicable cure periodsSeller), (ii) Buyer may deduct any of its reasonable costs of collection from any amounts due Seller, and (iii) under any circumstance, Buyer shall not be obligated to file any legal action or terminate any Lease. Seller may take reasonable action to collect any delinquent rents provided that Seller may not commence any legal action against any tenant seeking termination of any of lease and Seller may not commence any other legal action against tenant prior to the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; date which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within is thirty (30) days of delivery by Sublessor to Subtenant of notice to pay after the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationClosing Date.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Industrial Income Trust Inc.)

Rent. The rent reserved under this Sublease for 3.1 Txxxxx agrees to pay to Landlord the Term hereof shall be and consist of: (a) Annual Rent in effect from time to time by paying the Fixed Monthly Installment of Rent payable beginning on the Rent Commencement Date then in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, effect on or before the first day of each and every full calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to Term following the Expense Adjustment AmountRent Commencement Date, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not except that the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) first full Monthly Installment of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid upon the execution of this Lease. The Monthly Installment of Rent in effect at any time shall be one-twelfth (1/12) of the Annual Rent in effect at such time. Rent for any period during the Term which is less than a full month shall be a prorated portion of the Monthly Installment of Rent based upon the number of days in such month. Said rent shall be paid to Sublessor Landlord, without deduction or offset and without notice or demand. All such rent amounts shall be paid in lawful money of the United States at of America and shall be paid to Landlord by Electronic Funds Transfer (“EFT”), Automated Clearing House (“ACH”) or wire transfer to the address of Sublessor set forth at the head of this Sublease bank account specified by Landlord, or to such other person and/or or at such other address place and/or by such other methods as Sublessor Landlord may from time to time designate in writing. Upon Lease execution, Txxxxx agrees to cooperate with Landlord to complete all necessary forms in order to accomplish such method of payment. If Landlord agrees to accept payment of rent by means other than EFT, ACH or wire transfer, and if an Event of Default occurs during the Term, Landlord may require by notice to SubtenantTenant that all subsequent rent payments be made by EFT, ACH or wire transfer. No Tenant must implement such automatic payment system prior to the next scheduled rent payment or within ten (10) days after Landlord’s notice, whichever is later. Notwithstanding anything to the contrary, Landlord may, in its sole discretion, allocate any rent or monies Tenant pays to Landlord to any sums then due and payable hereunder. Unless specified in this Lease to the contrary, all amounts and sums payable by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated Tenant to be paid hereunder Landlord pursuant to this Lease shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationadditional rent.

Appears in 1 contract

Samples: Lease (Repare Therapeutics Inc.)

Rent. The rent reserved under this Sublease for Lessee agrees to pay to Lessor or its assignee the Term hereof shall be and consist of: lease payments (a) the Fixed Rent payable beginning on “Lease Payments”), including the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advanceinterest portion, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amountaggregate amounts specified in Exhibit C; provided, all charges for services and utilities supplied by Sublessor hereunderhowever, and any other charges as shall become due and payable by Subtenant hereunder whether or not that the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent Lessee shall be obligated to make such Lease Payments during any fiscal year to the extent that such Lease Payments may be made from current revenues lawfully budgeted and appropriated for such purpose during such year. The Lease Payments will be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during at the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money office of the United States at the address of Sublessor set forth at the head of this Sublease Lessor (or to such other person and/or at such other address place as Sublessor Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment date as set forth in Exhibit C and thereafter on the dates set forth in Exhibit C. Except as specifically provided in Section 4 hereof, the obligation to make the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim or recoupment for any reason whatsoever. Any and all payment(s) received by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid Lessor hereunder shall be deemed other than on account applied to amounts due hereunder at Lessor’s sole discretion notwithstanding any contrary instruction or instrumentation by Lessee. Unless Lessor decides, in its sole discretion, to apply any and all payments(s) received from Lessee in a different manner, then any payments shall be applied in the following order of priority: (i) to repay any reimbursement items due Lessor from Lessee pursuant to the provisions of this Lease; (ii) to pay for any amounts owed by Lessee by virtue of its indemnification obligations under Section 16 hereof; (iii) to any accrued interest owed in connection with a late Lease Payment; (iv) to any accrued interest with respect to any Lease Payments then due; and then (iv) to reduce the principal component(s) of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter Lease Payment(s) as and when due hereunder. Lessee reasonably believes that funds can be deemed an accord obtained sufficient to make all Lease Payments during the Lease Term and satisfactionhereby covenants that it will do all things lawfully within its power to obtain, maintain and Sublessor properly request and pursue funds from which the Lease Payments may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer made, including making provisions for such payments to the Fixed Rent extent necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, exhausting all available administrative reviews and appeals in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 such portion of the Main Lease, Subtenant shall be entitled budget is not approved. It is Lessee’s intent to a proportionate abatement make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the Fixed Rent due under this Sublease, provided that Subtenant’s possession use of the Subleased Premises Equipment is affected by essential to its proper, efficient and economic operation. The total obligation of Lessee for the fiscal year of execution is the sum of the payments for such casualty or condemnation.fiscal year as set forth on Exhibit C. The total obligation of Lessee in each fiscal year renewal term is the sum of the payments during such fiscal year renewal term as set forth on Exhibit C. A schedule of Lessee’s total obligation for the fiscal year of execution and for each fiscal year in which this Lease is renewed is attached hereto as Exhibit C.

Appears in 1 contract

Samples: Equipment Lease Purchase Agreement

Rent. The rent reserved under this Sublease for Subject to the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning provisions below, commencing on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, and on or before the first day of each and every calendar month during thereafter, Tenant shall pay Minimum Rent in the Term; plus amount stated in Section 1.4, in advance without notice (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amountall amounts, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional including Minimum Rent, including, without limitation, to be paid by Tenant pursuant to this Lease as the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings context requires are necessary sometimes referred to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable collectively as hereinafter provided"Rent(s)"). All rent due and payable by Subtenant hereunder Rents shall be paid promptly when due, without notice or demand therefor, and without deductionset off, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunderdiminution, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at management office in the head of this Sublease Building, or to such other person and/or at such other address place as Sublessor may Landlord from time to time designate designates in writing. Notwithstanding the foregoing, Tenant shall have the right to occupy the Premises without payment of Minimum Rent for the first month following the Commencement Date (the "Deferred Rent Period"). It is agreed that the Rent payable under this Lease is allocable to, and shall be accrued by notice the parties during, their fiscal periods in which the same is actually paid. Landlord and Tenant agree that no portion of the Minimum Rent paid by Tenant during the Initial Term occurring after the expiration of the Deferred Rent Period will be allocated by Landlord or Tenant to Subtenantsuch Deferred Rent Period, nor is such Rent intended by the parties to be allocable to the Deferred Rent Period. No payment by Subtenant or receipt by Sublessor If for any reason at any time during the Term Tenant is in default hereunder, which default is not cured within any applicable cure periods, Tenant shall owe to Landlord, in addition to all other amounts otherwise set forth herein, all amounts of Minimum Rent deferred pursuant to this Section. Such amounts shall be immediately due and payable upon the occurrence of any lesser amount than such default. Tenant shall have no obligation to pay such amounts if no Event of Default has occurred prior to the amount stipulated to be paid hereunder shall be deemed other than on account expiration of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationTerm.

Appears in 1 contract

Samples: Lease Agreement (Telecom Wireless Corp/Co)

Rent. The Tenant, in return for the use and occupancy of the Leased Premises and in consideration of the terms, conditions, covenants and provisions contained herein, shall pay Landlord the rent reserved under this Sublease owed for the Term hereof in 12 equal installments (each an “Installment”) of $ , which shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease paid in advance, without notice, demand, offset or reduction (the "Rent"). While Landlord has no obligation to do so and may refuse to do so, Landlord may accept partial payment of Tenant’s Rent or other payment obligations, but if it so elects, Landlord does not waive its right to collect and demand the payment of the remainder of such obligations or enforce Tenant’s default hereunder due to failure to pay such amounts in full. Tenant hereby acknowledges that the Term of this Lease is less than a full calendar year, and the Rent has been allocated into 12 equal installments and is not based on a daily or before calendar month basis. The first installment of Rent shall be due on August 1, 2017 and each subsequent installment shall be due and payable on the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) month. The last installment of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provideddue on July 1, 2018. All rent due payments should be made via the internet through Landlord’s Resident Portal. If payment via Landlord’s Resident Portal is not feasible, payment should be tendered directly to the Agent’s office in the Neighborhood. Tenant and payable by Subtenant hereunder shall be paid promptly when dueany Guarantor acknowledge and understand Landlord may refuse other forms of payment, without notice or demand therefor, subject to Prevailing Law. Tenant and without deduction, abatement, counterclaim or setoff of any amount or Guarantor acknowledge Landlord will not waive late fees for any reason whatsoeverpayments due to failure of such parties understanding how to submit payments through the Resident Portal and therefore Tenant and Guarantor are encouraged to be familiar with the Resident Portal prior to the date the first Rent payment is due. All Additional Upon receipt of payment, Landlord will provide a written receipt with the date, amount paid, premises, time period covered and the signature and title of the person receiving payment. A written receipt is not required when payment is tendered via personal check absent written request for a receipt. If Rent is not timely paid, Landlord reserves the right to require Tenant to pay all Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery late fees by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any cashier's check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationmoney order.

Appears in 1 contract

Samples: Syracuse New York Lease Agreement

Rent. The Throughout the term of this Lease, Lessee will pay monthly rent reserved under this Sublease to Lessor as rent for the Term hereof Leased Premises. Monthly rent shall be and consist of: (a) of the Fixed Rent payable beginning applicable Base Monthly rent as set forth on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) first page of this Sublease Lease together with all monthly charges required to be paid by Lessee to Lessor pursuant to Paragraph 5 below. Monthly rent will be paid in advance, advance on or before the first day of each and every calendar month during of the Term; plus (b) term. If the term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, then monthly rent will be appropriately prorated by Lessor based on the actual number of calendar days in such additional month. Monthly rent (“Additional Rent”) in an amount equal will be paid to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, includingLessor, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without written notice or demand therefordemand, and without deductiondeduction or offset, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States of America at the address of Sublessor Lessor’s Address as set forth at on the head first page of this Sublease Lease, or to such other person and/or at such other address as Sublessor Lessor may from time to time designate by notice to Subtenantin writing. No Lessee hereby acknowledges that late payment by Subtenant or receipt by Sublessor Lessee of rent and other sums due hereunder after the expiration of any lesser applicable grace period will cause Lessor to incur costs not contemplated by this Lease, the exact amount than of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Lessor by the amount stipulated terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of rent or any other sums due from Lessee shall not be received by Lessor when due or if a grace period is applicable, prior to be paid hereunder shall be deemed other than on account the expiration of the earliest stipulated Fixed Rent grace period, Lessee shall pay to Lessor a late charge equal to 3% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount or Additional Rent; nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any endorsement default hereunder by Lessee. As used on the first page of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days commencing with the Commencement Date or statement its anniversary. The first Lease year shall commence on the first day of the term of this Lease and succeeding Lease Years shall commence annually thereafter. It is hereby acknowledged by the parties that the leased premises consists of 3,127 rentable square feet (which includes a 12.5% add on factor AKA Loss factor for Lessee’s share of common area & public washroom). Upon execution of this lease with exhibits attached, the parties waive any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover alter or challenge either the balance due rentable square feet as calculated or to pursue any other remedy available to Sublessor. Any provision calculation in the Main Lease referring to Fixed Rent this leased based in whole or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under in part upon this Sublease, except as may otherwise be expressly provided herein. If, in the event calculation of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationrentable square feet.

Appears in 1 contract

Samples: Office Building Lease (Midwest Banc Holdings Inc)

Rent. The rent reserved under On the date that Tenant executes this Sublease Lease, Tenant shall deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Base Rent payable for the first month Tenant is required to pay Base Rent), the Security Deposit, if any, and all insurance certificates evidencing the insurance required to be obtained by Tenant under SECTION 12 of this Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the Base Rent described in the Basic Lease Information, payable in advance at Landlord's address specified in the Basic Lease Information on the first (1st) day of each month commencing on January 1, 1999 (the "Rent Commencement Date") and continuing throughout the balance of the Term hereof of the Lease. Commencing January 1, 2000, the Base Rent shall increase annually by four percent (4%) per annum. It is intended by Landlord and Tenant that this Lease be a "triple net lease." Costs and expenses incurred by Landlord on behalf of Tenant and all other sums, charges, costs and expenses specified in this Lease other than Base Rent are to be paid by Tenant to Landlord as additional rent (collectively, "Additional Rent"). Tenant shall also pay to Landlord as Additional Rent hereunder, immediately on Landlord's demand therefor, any and all costs and expenses incurred by Landlord to enforce the provisions of this Lease, including, but not limited to, costs associated with the delivery of notices, delivery and recordation of notice(s) of default, attorneys' fees, expert fees, court costs and filing fees (collectively, the "Enforcement Expenses"). The term "Rent" whenever used herein refers to the aggregate of all these amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the waiver of the requirement to pay rental payments shall only apply to waiver of the Base Rent and Tenant shall otherwise perform all other obligations of Tenant required hereunder. The Rent for any fractional part of a calendar month at the commencement or termination of the Lease term shall be and consist of: a prorated amount of the Rent for a full calendar month based upon a thirty (a30) the Fixed day month. The prorated Rent payable beginning shall be paid on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before and the first day of each and every the calendar month during in which the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal date of termination occurs, as the case may be. 8 Subject to the Expense Adjustment AmountSECTION 2.4, all charges for services and utilities supplied by Sublessor hereunder, and any Rent other charges as than Base Rent shall become be due and payable by Subtenant hereunder owing on the Commencement Date notwithstanding any delay on Tenant's part to obtain permits and complete construction of the Tenant Improvements (described below and in EXHIBIT B attached hereto), whether or not the same such delay is designated as Additional Rentdue to factors within Tenant's control. Tenant expressly agrees and acknowledges that subject to SECTION 2.4, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional all Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional other than Base Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay beginning on the same. Fixed Rent Commencement Date whether or not Tenant has commenced operations in the Premises and Additional Rent shall be paid to Sublessor in lawful money of Tenant accepts the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor risk of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationdelays.

Appears in 1 contract

Samples: Lease Agreement (New Ico Global Communications Holdings LTD)

Rent. The 1.01. Tenant shall pay the basic annual rent reserved under this Sublease for the Term hereof shall be and consist of: (a) the Fixed Rent payable beginning additional rent as above and as hereinafter provided. Tenant agrees to pay said basic annual rent in equal monthly installments in advance on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such said term, together with all additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rentrent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreementsSpecial Additional Rent, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges due or payable hereunderunder this Lease, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States States, at the address office of Sublessor set forth at Landlord or such other place in the head United States of America as Landlord may designate, without any setoff, deduction or abatement whatsoever, except as expressly provided otherwise in this Sublease or Lease. At Landlord's option such payments shall be made by wire transfer of immediately available Federal funds to such other person and/or at such other address account as Sublessor may Landlord shall designate in writing to Tenant. The individual dates on which this Lease commences on a particular portion of the premises hereby demised or, from time to time designate time, to be hereafter included under the demise of this Lease, shall be referred to herein as the "Commencement Date" for the particular portion of the demised premises to which it relates. The Commencement Date for any particular portion of the demised premises shall be the date that Landlord tenders delivery of possession of such space (on a floor by notice floor basis) to SubtenantTenant in the Access Condition, as such term is defined in Exhibit H or the date upon which Landlord would have tendered delivery of possession of such portion of the Premises in the Access Condition but for any Tenant Delays (as such term is defined in Section 31.03 hereof). No payment by Subtenant or receipt by Sublessor Subject to the provisions of any lesser amount than Section 31.03 hereof, the amount stipulated basic annual rent and additional rent, including without limitation, those payable under Articles 28 and 29 hereof required to be paid by Tenant hereunder with respect to the demised premises shall be deemed commence on May 1, 1997 (the "Rent Commencement Date"). If Tenant shall occupy any portion of the demised premises prior to the Rent Commencement Date for the purpose of testing and operating Tenant's equipment therein (but not for the conduct of Tenant's business) Tenant shall pay all electricity charges in respect of such floors, other than on account electricity needed for the operation of construction equipment. If Tenant shall occupy any portion of the earliest stipulated Fixed demised premises prior to the Rent or Commencement Date for the conduct of Tenant's business, then Tenant shall pay all charges which would be payable by Tenant under this Lease (other than basic annual rent and Special Additional Rent; nor ) in respect only of such space as if the Rent Commencement Date had occurred. The additional rent payable on the demised premises shall commence on the earlier of the (i) Rent Commencement Date or (ii) the occupancy by Tenant of each such particular portion for business purposes, it being understood and agreed that occupancy of any endorsement or statement on portion of any check or letter be deemed an accord and satisfactionfloor of the demised premises by Tenant for business purposes shall be, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer be, occupancy by Tenant of the entire floor (or the portion thereof leased by Tenant as the case may be), it being further agreed that the performance of the Additional Work only shall not be deemed to be occupancy for business purposes and that the use of the second (2nd) floor of the Building (Tenant's technology floor) by Tenant solely for testing of its equipment and parallel processing of information and associated technology rooms on other floors, including, without limitation, any intermediary distribution rooms, shall not be deemed to be occupancy for such business purpose. In the event the Rent Commencement Date for the demised premises occurs on other than the first day of the month, the basic annual rent and additional rent, attributable to the Fixed demised premises for the month in which the Rent and Additional Rent due under this SubleaseCommencement Date occurs, except as may otherwise shall be expressly provided herein. If, prorated on the basis of a three hundred sixty-five (365) day year with the actual number of days in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationmonth.

Appears in 1 contract

Samples: Credit Suisse First Boston Usa Inc

Rent. The “minimum” or “base” rent reserved payable by tenants under this Sublease the Leases for the Term hereof calendar month in which the Close of Escrow occurs shall be and consist of: (a) the Fixed Rent payable beginning prorated on the Rent Commencement Date basis of the number of days of such month the Property will have been owned by Buyer and Seller, respectively. However, there shall be no proration of any such rent which is delinquent as of the Close of Escrow, and at the Close of Escrow, Seller shall deliver to Buyer a schedule of all such delinquent rent. Rather, Buyer shall cause any such delinquent rent for the period prior to Close of Escrow to be remitted to Seller if, as, and when collected. Additionally, there shall be no proration of any rent that a tenant under a Lease delivers to either Buyer or Seller that such tenant has identified, at the time of such delivery, as constituting payment of rent due for a month or other period of time prior to Close of Escrow. If Buyer receives any such rent, Buyer shall cause such rent to be remitted to Seller if, as, and when collected. With respect to delinquent rent existing under the Leases, all amounts collected by Buyer after the Close of Escrow shall be applied first to the month in Monthly Fixed Rent installments as specified which the Close of Escrow occurs, then to the period following the month in Paragraph 1(e) which the Close of this Sublease Escrow occurs, then to the period prior to the month in advance, on or before which the Close of Escrow occurs. Buyer shall cause its property manager to include the amount of delinquent rent in the first day bills thereafter submitted to the tenants in question after the Close of Escrow, and shall continue to do so for two (2) months thereafter. Buyer shall, upon request from Seller, cause to its property manager to promptly deliver to Seller a copy of each and every calendar such bxxx submitted to tenants. After such two (2) month during the Term; plus (b) period, Seller may pursue remedies directly against delinquent tenants, but may not sxx to evict or otherwise dispossess such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationtenants.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Nvidia Corp)

Rent. The rent reserved Basic rents and payments or reimbursements for taxes, utilities and operating expenses and all other charges or reimbursables as and when collected under this Sublease the Leases including without limitation charges for any special services provided to any Tenant, overtime HVAC or special cleaning (collectively, the "Rents") shall be prorated; provided, however, that all Rents collected after the Closing under the Leases shall be applied, on a Lease by Lease basis, first, to satisfy obligations attributable to the payment period in which Closing occurs, second, in payment of all current Rents due and payable for the Term hereof shall be and consist of: (a) period after the Fixed Rent payable beginning on Closing, third, after Rents for all current periods have been satisfied in full in payment of Rents in arrears for the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal periods prior to the Expense Adjustment Amountpayment period in which the Closing occurs. At Closing, Seller shall assign to Purchaser all charges for services and utilities supplied of its claims or causes of action against existing Tenants, if any. If at the time of Closing (as reflected in a Schedule to be delivered by Sublessor hereunder, and any other charges Seller at Closing of all amounts known to Seller as shall become due and payable by Subtenant hereunder any Tenant for the period prior to Closing but uncollected as of Closing, whether or not the same is designated as Additional Rentpast due) or thereafter there are Rents owed by Tenants to Seller, includingthen Purchaser will make commercially reasonable efforts, without limitationsuit, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; same for the account of Seller and any such Rents, if received, shall have been received by Purchaser for the account of Seller and will be remitted by Purchaser to Seller within 15 days of receipt. Seller expressly agrees that if Seller receives any Rents directly from Tenants after the Closing Date, Seller shall remit same to Purchaser within 15 days after receipt thereof and Purchaser shall deliver to Seller the amount thereof, if any, to which Additional Rent shall be payable as hereinafter providedSeller is entitled pursuant to the terms hereof within 15 days after receipt thereof. All rent due prepaid Rents and payable by Subtenant hereunder charges for the period following the Closing shall be paid promptly when dueover (or credited) by Seller to Purchaser at Closing. After the Closing, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are Seller shall not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement collect or attempt to collect Rents from Tenants due and owing to Seller, except those whose Lease or right to possession under the Lease has been terminated and in connection with which the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty Tenant has either vacated its premises or condemnationsummary proceedings have been instituted.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Cna Financial Corp)

Rent. The rent reserved under this Sublease for the Term hereof shall be and consist of: (a) Tenant shall pay to Landlord (or to Lender, if directed by Landlord), as minimum annual rent for the Fixed Rent Leased Premises during the Term, the amounts set forth in Exhibit “B” attached hereto (“Basic Rent”), payable beginning in advance commencing on the Rent first day of the first month following the month in which the Commencement Date occurs (unless the Commencement Date is the first day of a month, in Monthly Fixed Rent installments as specified in Paragraph 1(ewhich case commencing on the Commencement Date) of this Sublease in advance, continuing on or before the first day of each and every calendar month thereafter during the Term; plus Term (b) such additional rent (the said days being called the Additional RentBasic Rent Payment Dates) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder), and any other charges as shall become due and payable by Subtenant hereunder whether or not pay the same is designated at Landlord’s address set forth below, or at such other place as Additional RentLandlord from time to time may designate to Tenant in writing, including, without limitation, in funds which at the reasonable expenses incurred by Sublessor time of such payment shall be legal tender for the payment of public or private debts in the enforcement (after default United States of America and if required by Subtenant hereunder beyond applicable cure periods) of any Lender or Landlord by wire transfer in immediately available federal funds to such account in such bank as Lender or Landlord shall designate, from time to time. Upon request by Landlord, Tenant shall establish arrangements whereby payments of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Basic Rent and Additional Rent are transferred by Automated Clearing House Debit from an account established by Tenant at a United States bank or other financial institution to such account as Landlord may designate. Basic Rent shall be paid to Sublessor in lawful money adjusted on certain anniversaries of the United States at the address of Sublessor Lease Year Commencement Date, as set forth at on Exhibit “B”. If the head of this Sublease or to such Commencement Date shall occur on a date other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder first day of a calendar month, then, Basic Rent for the period from and including the Commencement Date through and including the last day of the month in which the Commencement Date occurs shall be deemed other than paid, in advance, on account the date hereof, in an amount prorated by (i) dividing the monthly installment of Basic Rent due for the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfactionmonth in which the Commencement Date occurs by the number of days in such month, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover (ii) multiplying such sum by the balance due or to pursue any other remedy available to Sublessor. Any provision numbers of days remaining in such month from and after the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationCommencement Date.

Appears in 1 contract

Samples: Lease Agreement (Jo-Ann Stores Inc)

Rent. The rent reserved under this Sublease Except for the Term hereof shall be and consist of: Delinquent Rents (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, on or before the first day of each and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amountdefined below), all charges for services and utilities supplied by Sublessor hereunder, rents payable under the Leases and any other charges as revenues derived from the operation of the Properties (excluding all administrative and tenant application fees which are a deferment of Seller expenses, which shall become due and payable be retained by Subtenant hereunder whether or not the same is designated as Additional RentSeller), including, without limitation, the reasonable expenses incurred revenues derived from miscellaneous income and collected by Sublessor in the enforcement Seller (after default by Subtenant hereunder beyond applicable cure periodscollectively, “Rents”) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable prorated between Seller and Buyer as hereinafter providedof 12:01 a.m. on the Closing Date. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the head of this Sublease or to such other person and/or at such other address as Sublessor may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant Seller shall be entitled to a proportionate abatement such Rents attributable to any period up to but not including the Closing Date. Buyer shall be entitled to such Rents attributable to any period on and after the Closing Date. Any Rents attributable to the period prior to the month in which the Closing occurs that have not been collected as of the Closing (“Delinquent Rents”) shall not be prorated at the time of Closing. Promptly following each of the first three (3) full calendar months after the Closing, Buyer shall provide Seller with an accounting of Rents then collected from tenants with outstanding Delinquent Rents. Seller and Buyer agree that all Rents received by Buyer after the Closing Date as provided above shall be applied first to actual out-of-pocket costs of collection incurred by Buyer with respect to such tenant; second, to Rents due from such tenant for the month in which such payment is received; third, to Rents attributable to any period after the Closing which are past due on the date of receipt, and; finally, to Delinquent Rents. Buyer shall use commercially reasonable efforts after the Closing to collect all Rents in the Fixed Rent due under this Sublease, provided that Subtenantusual course of Buyer’s possession operation of the Subleased Premises is affected by such casualty Properties, but Buyer will not be obligated to institute any legal proceedings, including an action for unlawful detainer, or condemnationother collection procedures to collect Delinquent Rents. Seller may not attempt to collect any Delinquent Rents owed to Seller after the Closing, including, but not limited to the institution of any Suit or collection procedures therefor.

Appears in 1 contract

Samples: Securities Purchase Agreement (Colony Starwood Homes)

Rent. The rent reserved under this Sublease for During the Term hereof of this Lease, Yearly Rent at the rate stated in Exhibit 1, additional rent, and other charges due hereunder, shall be payable by Tenant to Landlord by monthly payments, as stated in Exhibit 1, in advance and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date without notice or demand, except as otherwise provided in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advanceLease, on or before the first day of each month for and every calendar month during the Term; plus (b) in respect of such additional rent (“Additional Rent”) month. Except as otherwise provided in an amount equal to the Expense Adjustment Amountthis Lease, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Yearly Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunderreserved and covenanted to be paid under this Lease shall commence on the Rent Commencement Date. Notwithstanding the provisions of the next preceding sentence, which are not due and payable on a Tenant shall pay the first monthly basis during the Term, unless otherwise specified herein, shall be due and payable installment of Monthly Rent to Landlord within thirty (30) days of delivery by Sublessor to Subtenant of the date that Landlord notifies Tenant in writing (which notice to pay the same. Fixed Rent and Additional Rent shall be accompanied by an invoice) that the Tenant Improvement Work has commenced. If, by reason of any provisions of this Lease, Yearly Rent, additional rent and/or other charges reserved and covenanted to be paid hereunder shall expressly commence or terminate on any day other than the first day of a calendar month, the Yearly Rent, additional rent and/or other charges for said calendar month shall be prorated. Yearly Rent, additional rent and other charges and other amounts payable to Sublessor Landlord under this Lease shall be payable to Landlord, or if Landlord shall so direct in writing, to Landlord’s agent or nominee, in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the address time of Sublessor payment, at the Rent Payment Address set forth in Exhibit 1 or such place as Landlord may designate, and Yearly Rent, additional rent and other charges in all circumstances shall be payable without any setoff or deduction whatsoever. Notwithstanding the foregoing, either Tenant or Landlord may elect, upon not less than thirty (30) days written notice to the other, to have Tenant to pay all Yearly Rent, additional rent and other amounts due under this Lease by ACH or other electronic funds transfer payment method (provided same is otherwise paid as provided herein) and within ten (10) business days following such election, Landlord shall forward the ACH instructions to Tenant. All fees, costs and expenses, other than Yearly Rent, which Tenant assumes or agrees to pay and any other sum payable by Tenant pursuant to this Lease, including, without limitation, Tenant’s Tax Share and Tenant’s Operating Expenses Share (both as hereinafter defined), shall be deemed “additional rent” or “Additional Rent.” Yearly Rent, additional rent, and any other sums due hereunder not paid on or before the date due shall bear interest for each month or fraction thereof from the due date until paid computed at the head annual rate of this Sublease or to such other person and/or at such other address as Sublessor may five percent (5%) over the so-called prime rate then currently from time to time designate charged to its most favored corporate customers by notice to Subtenant. No payment by Subtenant or receipt by Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction, and Sublessor may accept any check or payment without prejudice to Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision largest national bank (N.A.) located in the Main Lease referring to Fixed Rent city in which the Building is located (“Prime Rate”), or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under at any applicable lesser maximum legally permissible rate for debts of this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationnature.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Gritstone Bio, Inc.)

Rent. The rent reserved under this Sublease for Sublessee agrees to pay to Sublessor the Term Minimum Monthly Rent on or before the first day of the first full calendar month of the term hereof shall be and consist of: (a) the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) of this Sublease in advance, a like sum on or before the first day of each and every successive calendar month thereafter during the Term; plus (b) such additional term hereof, except that the first month's rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or upon the execution hereof. Rent for any reason whatsoever. All Additional Rent and other charges payable hereunder, which are not due and payable on a monthly basis period during the Term, unless otherwise specified term hereof which is for less than one (1) month shall be a prorated portion of the monthly installment herein, shall be due and payable within based upon a thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the sameday month. Fixed Rent and Additional Rent Rental shall be paid to Sublessor Sublessor, without deduction or offset, in lawful money of the United States of America, which shall be legal tender at the address time of Sublessor set forth at the head of this Sublease or payment to such other person and/or at such other address or place as Sublessor may from time to time designate by notice to Subtenantin writing. No payment by Subtenant or receipt Any costs incurred by Sublessor in providing auxiliary aids or services or in undertaking barrier removal efforts as defined in and pursuant to the Americans With Disabilities Act of 1990 and the regulations promulgated thereunder, as the same may be amended or supplemented from time to time, or in any lesser amount than similar federal, state, or local law or ordinance which are directly attributable to or arise primarily from Sublessee's use or occupancy of or improvements to the amount stipulated to be paid hereunder Premises shall be deemed other than on account of the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfactionadditional rent, and shall be paid in full by Sublessee within 30 days after Sublessor gives Sublessee written notice that such cost has been incurred by Sublessor. All direct expenses and other costs and expenses which Sublessee is required to pay hereunder, together with all interest and penalties that may accrue thereon in the event of Sublessee's failure to pay such amounts (including interest and late charges), and all damages, costs and expenses which Sublessor may accept incur by reason of any check default of Sublessee or payment without prejudice failure on Sublessee's part to comply with the terms of this Sublease, including Sublessor’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference 's reasonable and actual attorney's fees, shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. Ifadditional rent and, in the event of a casualty or condemnationnonpayment by Sublessee, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 shall l have all rights and remedies with respect thereto as Sublessor has for the nonpayment of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationMinimum Monthly Rent.

Appears in 1 contract

Samples: Jb Oxford Holdings Inc

Rent. The rent reserved under this Sublease for 1. Tenant shall pay the Term hereof shall be and consist of: (a) Base Rent as provided in the Fixed Rent payable beginning on the Rent Commencement Date in Monthly Fixed Rent installments as specified in Paragraph 1(e) Basic Lease provisions section of this Sublease in advance, on or before the first day of each Lease and every calendar month during the Term; plus (b) such additional rent (“Additional Rent”) in an amount equal to the Expense Adjustment Amount, all charges for services and utilities supplied by Sublessor hereunder, and any other charges as shall become due and payable by Subtenant hereunder whether or not the same is designated as Additional Rent, including, without limitation, the reasonable expenses incurred by Sublessor in the enforcement (after default by Subtenant hereunder beyond applicable cure periods) of any of the agreements, covenants, or obligations under this Sublease and including reasonable legal fees that may accrue (after default by Subtenant hereunder beyond applicable cure periods) in the event suit for rent or dispossess proceedings are necessary to obtain the possession of the Subleased Premises or to collect the rent; which Additional Rent shall be payable as hereinafter provided. All Tenant agrees to pay Base Rent (together with additional rent due and payable by Subtenant hereunder shall be paid promptly when due, without notice or demand therefor, and without deduction, abatement, counterclaim or setoff of any amount or for any reason whatsoever. All Additional Rent and other charges payable hereunderhereinafter provided) to Owner or such other arty as Owner may designate, which are not due and payable on a monthly basis during the Term, unless otherwise specified herein, shall be due and payable within thirty (30) days of delivery by Sublessor to Subtenant of notice to pay the same. Fixed Rent and Additional Rent shall be paid to Sublessor in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the address time of Sublessor payment in equal monthly installments in advance on the first (1st) day of each month during the Term at the office of owner or such other place as Owner may designate, without any set-off or deduction whatsoever except that Tenant shall pay the Payment Due from Tenant on Lease Execution as set forth at in the head Basic Lease Provisions Section of this Sublease Lease upon the execution and delivery hereof by Tenant. If the Commencement Date does not occur on the first (I”) day of a calendar month, Tenant shall pay, within five (5) days after the Commencement Date, a pro rata portion of the Base Rent attributable to the period from and including the Commencement Date through and including the last day of the calendar month in which the Commencement Date occurs. Occupancy: 2. Tenant shall use and occupy the demised premises only for the Permitted Use as set forth in the Basic Lease Provisions Section of this lease and for no other purpose. Tenant Alterations: 3. Tenant shall, make no changes in or to the demised premises of any nature without Owner’s prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant at Tenant’s expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises, by using contractors or mechanics first approved in each instance by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof, and shall deliver promptly duplicates of all such other person and/or permits, approvals and certificates to Owner, and Tenant agrees to carry, and will cause Tenant’s contractors and sub-contractors to carry, such worker’s compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within 30 days thereafter, at such other address Tenant’s expense, by payment or filing a bond as Sublessor may from time to time designate permitted by law. All fixtures and paneling, partitions, railings and like installations, installed in the demised premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to SubtenantTenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant’s expense. No payment ‘Nothing in this article shall be construed to give Owner title to, or to prevent Tenant’s removal of, trade fixtures, moveable office furniture and equipment, but upon removal of same from the demised premises or upon removal, of other installations as may be required by Subtenant Owner, Tenant shall immediately, and at its expense, repair and restore the demised premises to the condition existing prior to any such installations, and repair any damage to the demised premises or receipt by Sublessor of any lesser amount than the amount stipulated building due to such removal. All property permitted or required to be paid hereunder removed by Tenant at the end of the term remaining in the demised premises after Tenant’s removal shall be deemed other than on account abandoned and may, at the election of Owner, either be retained as Owner’s property or may be removed from the earliest stipulated Fixed Rent or Additional Rent; nor shall any endorsement or statement on any check or letter be deemed an accord and satisfactiondemised premises by Owner, and Sublessor may accept any check or payment without prejudice to Sublessorat Tenant’s right to recover the balance due or to pursue any other remedy available to Sublessor. Any provision in the Main Lease referring to Fixed Rent or Additional Rent incorporated herein by reference shall be deemed to refer to the Fixed Rent and Additional Rent due under this Sublease, except as may otherwise be expressly provided herein. If, in the event of a casualty or condemnation, Sublessor is entitled to a rent abatement pursuant to Paragraphs 10 or 26 of the Main Lease, Subtenant shall be entitled to a proportionate abatement in the Fixed Rent due under this Sublease, provided that Subtenant’s possession of the Subleased Premises is affected by such casualty or condemnationexpense.

Appears in 1 contract

Samples: Agreement of Lease (Thorne Healthtech, Inc.)

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