Common use of Rent Clause in Contracts

Rent. Lessee shall pay as rent for the full term of this Lease the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.

Appears in 1 contract

Samples: Escrow Agreement

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Rent. Lessee Monthly Rent and Additional Rent, hereunder (collectively “Rent”) shall pay be paid in lawful money of the United States to Landlord according to the instructions attached on Exhibit K, or at such place or to such agents as rent for Landlord may from time to time designate to Tenant in writing (provided that Tenant may make payments by electronic transfer in lawful money of the full term of this Lease United States and in accordance with Landlord’s instructions, which will be provided to Tenant upon request), without any demand and without any reduction, abatement, counterclaim, deduction or set-off whatsoever, except as expressly provided herein, at the amount shown times and in the Supplement manner hereinafter provided. Unpaid Rent shall bear interest at the Default Rate (defined in Section 28(i)) from the date due until paid. Except as Total Rentotherwise expressly provided herein, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component Rent hereunder is independent of each rent payment during the termand every other covenant and agreement contained in this Lease. The Total As used herein, “Additional Rent” shall mean all amounts other than Monthly Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A becoming due from Tenant to the Supplement plus any applicable sales and use tax thereonLandlord (or, as provided herein, to Landlord’s property manager). Except as otherwise expressly provided in Section 5herein, Xxxxxx’s obligation to pay Rent hereunder shall be a separate and independent covenant, absolute, and unaffected for any reason whatsoever, including by any damage to or destruction of the Premises or any part thereof, any taking of the Premises or any part thereof or interest therein by condemnation or otherwise, any prohibition, limitation, restriction or prevention of Tenant’s use, occupancy or enjoyment of the Premises or any part thereof, the obligation impossibility, impracticability or illegality of Lessee to make rent payments performance by Xxxxxxxx, Tenant or both, any action of any government authority, or any other payments required hereunder cause whether similar to or dissimilar from the foregoing and whether or not Tenant shall have notice or knowledge thereof and whether or not such cause shall now be foreseeable. The parties intend that the obligations of Tenant under this Lease shall be absolute separate and unconditional in all events. Notwithstanding any dispute between Lessee independent covenants and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due agreements and shall not withhold any rent payment continue unaffected unless such obligations have been modified or other payment pending final resolution terminated pursuant to an express provision of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.

Appears in 1 contract

Samples: Office Lease Agreement (Cambium Networks Corp)

Rent. Lessee Tenant shall pay Landlord the full monthly Rent set forth above during each month of the Lease Term as rent rental for the full term of this Lease the amount shown in the Supplement as Total RentResidence and Landlord and Tenant hereby agree that Rent for each month, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment including any partial month during the term. The Total Rent first or final month of the Lease Term, shall be payable in installments full and without 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) as Landlord may designate, on or before the Commencement Date and the first day of each calendar month thereafter during the Lease Term. 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 (late 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 basic rental payment 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 as, but not limited to, late charges, cleaning service fees, returned check charges, damages incurred by or on behalf of Tenant), and then to Rent. At Landlord’s option, Landlord may require all Rent and other sums to be paid in Exhibit A 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 Supplement plus any applicable sales form of “cash” for monies due hereunder for security purposes. The liability for Rent, in addition to all other obligations hereunder, shall be joint and use tax thereonseveral among each and all of the individuals comprising Tenant. Except as provided By providing a check for payment, Tenant is hereby given notice that Xxxxxx’s signed and completed check may be converted to an electronic fund withdrawal upon receipt by Landlord via U.S. Mail or in Section 5designated drop box locations. Xxxxxxxx’s receipt of 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 obligation acceptance by Landlord of Lessee a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check that such lesser amount shall constitute payment in full, shall be given no effect and Landlord may accept such payment without prejudice to make rent payments or any other payments required hereunder shall rights or remedies which Landlord may have against Tenant. Any payment, however designated, may be absolute accepted by Landlord and unconditional in all events. Notwithstanding applied against any dispute between Lessee part of Tenant’s then existing and Lessor then due Rent or Landlord may apply such payment against any other person, Lessee shall make all rent payments and other payments required hereunder when sum then due and shall not withhold any rent or may retain such payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim (without interest) as a credit against its obligation to make such rent payments or other payments required under this Lease. LesseeXxxxxx’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedaccruing future obligations.

Appears in 1 contract

Samples: Rental Agreement and Lease

Rent. Lessee The rents shall pay as rent for the full term be and consist of Base Rent (herein called "BASE RENT") and Additional Rent (herein called "ADDITIONAL RENT"). For purposes of this Lease Agreement, Base Rent and Additional Rent are referred to collectively as "RENT." Base Rent shall be the amount shown indicated in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the termBasic Lease Information. The Total Base Rent shall be payable in equal monthly installments in advance on the first day of each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year every calendar month during the term of this Lease from (except to the governing body extent otherwise specifically provided elsewhere in this Lease. Payment of Lessee Base Rent and exhaust all available administrative reviews Additional Rent for the 5th Floor of the Premises shall commence on the 5th Floor Commencement Date and appeals shall be equal to the 5th Floor rentable square feet multiplied by the (i) Base Rent per rentable square foot set forth in the event such portion 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 budget is not approvedPremises 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 other sums of money as shall become due from and payable by Tenant to Landlord hereunder. All Rent shall be paid in lawful money of the United States of America to Landlord at its office or such other place, as Landlord shall designate by notice to Tenant. Tenant shall pay the Base Rent and Additional Rent promptly when due without notice or demand therefor and without any abatement, deduction or setoff for any reason whatsoever, except as expressly provided in this Lease. If the Commencement Date for any floor occurs on a day other than the first day of a calendar month, or the Expiration Date occurs on a day other than the last day of a calendar month, the Base Rent for such floor for that partial calendar month shall be prorated on a daily basis.

Appears in 1 contract

Samples: Lease Agreement (Webtrends Corp)

Rent. Lessee shall pay as rent for the full term of this Lease the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be made payable in installments each to the Norfolk City Treasurer and shall be in the amount of One Dollar ($1.00) for each year of the basic rental payment set forth in Exhibit A 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 Supplement plus use of the Premises. Lessee shall pay any applicable sales and use tax Additional Rent on or before the 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. Except Lessor shall furnish to Lessee any and all bills for items payable as provided Additional Rent in Section 5sufficient time for payments to be made by Lessee. Lessor agrees to elect to pay any future assessment which may be levied against the Premises in the maximum number of installments permitted by law. Lessee shall furnish Lessor, within thirty (30) days after the obligation date upon which any such charge is payable by Lessee as hereinabove provided, official receipts of the appropriate taxing or governmental authority, or other proofs satisfactory to Lessor, evidencing the payment of Additional Rent. If Lessee shall fail to make rent payments 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 rate of 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 governmental charges assessed against or levied upon the Premises shall be apportioned as between Lessor and Lessee at the Commencement Date and Termination Date. Lessee shall have the right to contest or review by appropriate proceedings or in any other payments required hereunder shall be absolute manner permitted by law, at Lessee’s sole cost and unconditional expense, in all events. Notwithstanding Lessee’s name or in Lessor’s name, or both, any dispute between tax, assessment or charge, and Lessor shall, without expense or charge to it, cooperate with Lessee and Lessor execute any documents or any other personpleadings required for such purposes. If required by Lessor, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment furnish a surety company bond, or other payment pending final resolution security reasonably satisfactory to Lessor, against any liens by reason of such dispute nor shall contest. The aforesaid contest by Lessee assert may include appeals from any right of set-off judgments, decrees or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein orders until a final nonappealable determination shall be construed to release Lessor from the performance made by a court of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation governmental department or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals authority having jurisdiction in the event such portion of the budget is not approvedmatter.

Appears in 1 contract

Samples: Lease Agreement

Rent. Lessee During the term of this Sublease, Sublessee shall pay as rent ---- ("Rent") for the full term Premises an amount equal to the monthly Rent under the Master Lease, which at the commencement of this Lease sublease is $84,999.99. The Rent shall increase periodically during the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached term pursuant to the Supplement sets forth same terms and conditions by which Rent shall increase under the interest component of each rent payment during the termMaster Lease. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A paid to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5Sublessor without demand, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other persondeduction, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during counterclaim, in advance on the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance first day of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year calendar month during the term of this Lease from the governing body of Lessee Sublease, and exhaust all available administrative reviews and appeals in the event such portion of a partial rental month, rent shall be prorated on the basis of the budget 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 not approved.required to pay under the Master Lease. In no event shall Sublessee's obligation to pay Additional Rent exceed the amount attributable to the Premises due and payable by Sublessor under the Master Lease. To the extent paid by Sublessee, Sublessee shall be entitled to 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 following address, or such other address as the 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. Lessee Tenant agrees to pay to Landlord at Landlord's Notice Address, without demand, deduction or set-off, annual rent equal to the Base Rent, as adjusted from time to time pursuant to the terms hereof, payable in equal monthly installments in advance on the first day of each calendar month during the term hereof. The Base Rent initially payable hereunder shall pay as rent for be the full term of this Lease the amount shown "Initial Base Rent" set forth in the Supplement as Total Rent, and a portion Summary of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the termPrimary Business Terms hereinabove. The Total Base Rent shall be payable in installments each in the amount of the basic rental payment adjusted from time to time as set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereonSection 4 below. Except as provided in Section 5, the obligation Upon execution of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease, Tenant shall pay to Landlord the monthly Base Rent for the first full calendar month of the Lease Term. Lessee’s obligation to make rent payments or other payments Base Rent and Additional Rent for any partial month during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein Term shall be construed to release Lessor from pro-rated based on the performance number of its obligations hereunder; days in such month, and if Lessor should fail to perform Base Rent for any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel partial month at the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term beginning of the Lease Term shall be paid on the Commencement Date. Landlord does not mail or otherwise distribute statements or bills for rent or other amounts due hereunder, except as may be expressly otherwise provided herein. It is Tenant's sole responsibility to ensure that payments are made and hereby covenants 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 payment in respect of which the check was given. Tenant and Landlord agree that the officer of Lessee responsible for budget preparation all amounts due hereunder, whether labeled Base Rent, Additional Rent or otherwise, shall request the required appropriation for each fiscal year during the term of be considered as rental reserved under this Lease for all purposes, including without limitation regulations pursuant to the United States Bankruptcy Code, as may be amended from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.time to time, including further without limitation Section 502(b)(6)

Appears in 1 contract

Samples: Lease (Towne Services Inc)

Rent. Lessee shall Beginning on the Rent Commencement Date and continuing thereafter throughout the Term, Tenant will pay as rent for the full term Rent in monthly installments in advance, without demand, deduction or offset, in lawful money of this Lease the amount shown in United States commencing on the Supplement as Total RentRent Commencement Date, and a portion continuing on the first day of each rent payment is paid asand every month thereafter until the Termination Date. Rent payments for any fractional calendar month at the end, and represents or the payment beginning of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during 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 hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation continuing thereafter for each fiscal calendar year during the term 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, an amount equal to one twelfth (1/12) of Tenant’s Forecast Operating Expenses as Additional Rent. From time to time 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 from (and delivery to Tenant of a copy thereof), Tenant shall pay Landlord the governing body first month's Rent due hereunder. Notwithstanding the foregoing, and provided there is no default or event of Lessee and exhaust all available administrative reviews and appeals in default hereunder by Tenant, Base Annual Rent (but not Operating Expenses) shall be abated hereunder for the event such portion first five (5) months after the Commencement Date (the "Rent Abatement"). Tenant will be responsible for its Proportionate Share of the budget is not approvedOperating Expenses for the Building as well as its utilities and janitorial services.

Appears in 1 contract

Samples: Lease Agreement (Precision Biosciences Inc)

Rent. Lessee All sums required to be paid by Tenant under this 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 pay be made to Landlord at Landlord's address stated in Section 1.L. above or at any other address within the Continental United States that Landlord may specify by written notice to Tenant. Landlord shall provide Tenant written notice of any change of address at least thirty (30) days prior to the due date of any rent payments to be made at any address other than that stated in Section 1.L. above. No payment made by Tenant or received by Landlord in an amount less than the amount then due shall be deemed to be other than a partial payment, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent for or any other sum payable hereunder be deemed an accord and satisfaction, and Landlord may accept any such check or payment without prejudice to Landlord's right to recover the full term balance of such amount from Tenant or to pursue any other remedy 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 pay Landlord the Base Rent in advance, without notice or demand, on the first (1st) day of every month during the Term of this Lease Lease. Time is of the amount shown 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 Supplement as Total Rent, and a portion of each premises. If any monthly rent payment is paid asnot received by 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 represents such late charge shall be due upon receipt of Landlord's written demand; provided, however, Tenant shall not incur such late charge until the fifteenth (15th) day of the month until such time as Tenant has been late more than once during any calendar year of the Term. Tenant shall also pay to Landlord, upon demand, $500.00 for each check tendered to Landlord in payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder payment due Landlord hereunder, which is returned uncollected to Landlord. All rent shall be absolute and unconditional in all events. Notwithstanding prorated for any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedpartial month.

Appears in 1 contract

Samples: Suit Lease Agreement (Englobal Corp)

Rent. Lessee shall 3. Tenant covenants and agrees to pay to Landlord, as rent rental for the full term of this Lease Leased Premises, rent according to the amount shown attached Schedule “B” in advance on the Supplement as Total Rent, and a portion first day of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment full calendar month during the term. The Total Rent All rentals payable by Tenant to Landlord under this lease agreement shall be paid to Landlord at the office of Landlord herein designated by it for notices. Tenant will promptly pay all rentals herein prescribed when and as the same shall become due and 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 Tenant within thirty (30) days after written notice, the reasonable amounts so paid or incurred shall, at Landlord's option, and on notice to Tenant, be considered additional rentals, payable by Tenant with the first installment of rental thereafter becoming due and payable, and may be collected or enforced as by law provided in installments each respect of rentals. Tenant shall deposit with Landlord the sum of $21,382.67 as security for the faithful performance and 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 amount event Tenant defaults in respect of any of the basic rental terms, provisions and conditions of this lease agreement, including, but not limited to, the payment set forth in Exhibit A 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 Supplement plus extent required for the payment of any applicable sales rent and use tax thereon. Except as provided in Section 5additional rent, the obligation of Lessee to make rent payments or any other payments sum as to which Landlord may expend or may be required hereunder shall be absolute to expend by reason of Tenant's default in respect of any of the terms, covenants and unconditional conditions of this lease agreement, including but not limited to, any damages or deficiency in all events. Notwithstanding any dispute between Lessee and Lessor the reletting of the Leased Premises, whether such damages or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment deficiency accrued before or after summary proceedings or other payment pending final resolution reentry by Landlord. If Landlord applies any part of such dispute nor said deposit to cure any default of Tenant, Tenant shall Lessee assert any right within five (5) days of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during demand deposit with Landlord the Lease term amount so applied so that Landlord shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from have the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make full deposit on hand at all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year times during the term of this Lease from Lease. The security (or any remaining balance thereof after deduction as provided above) shall be returned to Tenant, without interest, within thirty (30) days after the governing body date fixed as the end of Lessee the lease agreement and exhaust all available administrative reviews and appeals in after delivery of the entire possession of the Leased Premises to Landlord. In the event such portion of a sale or lease of the budget Office Building, 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 agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Landlord. Tenant further covenants that it will not approvedassign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.

Appears in 1 contract

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

Rent. Lessee On the date that Tenant executes this Lease, Tenant shall pay as rent deliver ---- to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the full term of this Lease first month Tenant is required to pay Base Rent), the amount shown in the Supplement as Total RentSecurity Deposit, and a portion all insurance certificates evidencing the insurance required to be obtained by Tenant under Section 12 of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation Tenant agrees to make rent payments pay Landlord, without prior notice or other payments during demand, or abatement, offset, deduction or claim, the Lease term shall not be abated through accident or unforeseen circumstances. HoweverBase Rent described on Page 1, nothing herein shall be construed to release Lessor from payable in advance at Landlord's address shown on Page 1 on the performance first day of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during each month throughout the term of the Lease Lease. In addition to the Base Rent set forth on Page 1, Tenant shall pay Landlord in advance and hereby covenants that on the officer first (1st) day of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during month throughout the term of this Lease from the governing body (including any extensions of Lessee such term), as Additional Rent Tenant's share, as set forth on Page 1, of Operating Expenses, Tax Expenses, Common Area Utility Costs, and exhaust Utility Expenses, and Administrative Expenses all available administrative reviews and appeals in the event such manner as specified in Sections 6.1, 6.2, 6.3, 6.4 and 7 of this Lease, respectively. Additionally, Tenant shall pay to Landlord as Additional Rent hereunder, immediately on Landlord's demand therefor, any and all reasonable and actual costs and expenses incurred by Landlord to enforce the provisions of this Lease, including, but not limited to, costs associated with any proposed assignment or subletting of all or any portion of the budget 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 "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 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 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 not approvedin default of or otherwise breaches any term, condition or provision of this Lease, any such waiver by Landlord of Tenant's requirement to pay rental payments shall be null and void and Tenant shall immediately pay to Landlord all rental payments waived by Landlord. 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 the Commencement Date and the first day of the calendar month in which the date of termination occurs, as the case may be.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Rent. Lessee Tenant shall pay Rent to Landlord (or to such Person as rent Landlord may direct (in writing)) during the Term, in lawful money of the United States of America which shall be legal tender for the full term payment of this Lease public and private debts, without offset, abatement, demand or deduction, except as hereinafter expressly provided. All payments of Rent to Landlord shall be made by wire transfer of immediately available federal funds or by other means acceptable to Landlord in its sole discretion. Base Rent for any partial month shall be prorated on a per diem basis based on a 360 day year and the amount shown twelve (12) thirty (30) day months. In addition, if directed to do so by Landlord in the Supplement as Total Rentwriting, and Tenant shall pay a portion of each rent payment 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 paid asunable to obtain from the Facility Mortgagee an agreement not to disturb Tenant's right to possession in the event of a foreclosure of such Existing Facility Mortgage, and represents then Tenant shall have the payment of interestright, and Exhibit “A” attached at Tenant's sole election, to pay directly to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent Facility Mortgagee all monthly payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment payable or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation otherwise required thereunder. If Tenant elects to make such rent payments directly to the Facility Mortgagee, 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 other damages that Landlord suffers as a result of any failure, default or defect in Tenant's making such payment on Landlord's behalf. Any payments required made directly by Tenant under this Lease. Lessee’s obligation to make rent payments or other payments Paragraph may be off-set against Base Rent payable by Tenant during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedcalendar month.

Appears in 1 contract

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

Rent. Lessee Collected rent under the 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 as to Seller any rent for actually collected which is applicable to the full term of this Lease period preceding the amount shown in Closing Date, provided, however, that all rent collected by Buyer shall be applied first to all unpaid rent accruing after the Supplement as Total RentClosing Date, and a portion of each then to unpaid rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached accruing prior to the Supplement sets forth the interest component of each rent payment during the termClosing Date. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term Buyer shall not be abated through accident or unforeseen circumstancesobligated to take any steps to recover any rent arrearages. However, nothing herein Seller shall be construed permitted to release Lessor 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 ("Additional Rent") and any Additional Rent is collected by Buyer or Seller which is attributable in whole or in part to any period during which the respective party did not own the Property, such party shall promptly pay to the other party the other party's proportionate share thereof, less a proportionate share of any reasonable attorney's fees, costs and expenses of collection thereof. All Additional Rent collected by Buyer shall be applied first to unpaid Additional Rent accruing after the Closing Date, and 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 the underlying fiscal period Buyer shall reconcile actual expenses 7 with tenants' estimated payments of Additional Rent and any net debit or credit to the landlord resulting from such reconciliation shall be apportioned between Buyer and Seller. Any sums received from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term tenant on account of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion termination of the budget is not approvedUnited States Postal Service lease shall be paid to Seller.

Appears in 1 contract

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

Rent. Lessee Rent under the Leases shall be prorated to Transferee for the period on and after the Closing Date ("Transferee's Ownership Period"), regardless of whether or not such rent has been paid to the Transferors. With respect to any rent arrearages arising under the Leases, after Closing Transferee shall pay as to the Transferors any rent actually collected by Transferee which is applicable to the period preceding the Closing Date ("Transferor's Ownership Period"); provided, however, that 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 full term benefit of this Lease the amount shown Transferors, provided that in the Supplement as Total Rentno event shall Transferee be required to institute any lawsuit or unlawful detainer action, and a portion of each 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 payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the termarrearages collected. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term Transferors shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed permitted to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform take any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or steps to recover damages thereforany 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 Lease, and the Transferors shall have the right after the Closing Date to sue x Xenant at such time as such Tenant is no longer a tenant of the Property or any portion thereof. Lessee reasonably believes To the extent that funds can be obtained sufficient any Transferor receives prior to make all the Closing Date any percentage rent payments during that are attributable to the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.period on or after the

Appears in 1 contract

Samples: Contribution Agreement (Spieker Properties Inc)

Rent. Lessee shall In consideration of this lease. Tenant promises and agrees to pay as Landlord rent for said premises at the full term rate of this Lease the amount shown in the Supplement as Total Rent, and $3,643.58 per month. One such monthly installment together with a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached security deposit equal to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent 3,000.00 shall be payable by Tenant to Landlord in installments 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 succeeding calendar month during the 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 amount of demised premises during the basic rental payment set forth in Exhibit A lease term, Landlord shall assign the security deposit to the Supplement plus transferee and thereafter shall have no further liability for the return of such security deposit. In the event Tenant fails to pay any applicable sales installment of rent or other incurred expense hereunder as and use tax thereon. Except as provided when such installment is due, to help defray the additional cost to Landlord for processing such late payments Tenant shall pay Landlord on demand a late charge in Section an amount equal to five percent (5, %) of such installment; and the obligation of Lessee failure to make rent payments or any other payments required hereunder pay such amount within ten (10) days after demand therefor shall be absolute an event of default hereunder. The provision for such late charge shall be in addition to all of Landlord's other rights and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor remedies hereunder or any other person, Lessee shall make all rent payments and other payments required hereunder when due at law and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform as liquidated damages or as limiting Landlord's remedies in any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages thereformanner. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved2.

Appears in 1 contract

Samples: Lease Agreement (Grand Slam Licensing Inc)

Rent. Lessee shall pay as The rent amount for the full term of this Lease the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from lease shall be $850.00 per month. Tenant shall pay Landlord the governing body monthly rent, in advance, on the first day of Lessee and exhaust all available administrative reviews and appeals each calendar month during said term. Rent shall be delivered to the Landlortd's office in the event such portion 0000 Xxxxxx Xxxxxx Plaza Building. If the monthly rent not paid by the tenth of the budget is month in which due, a late charge of ten percent of the rent, including proration, will be payable by the Tenant as a special handling charge. Tenant agrees to pay Landlord a Twenty Dollar handling fee for any check returned to Landlord. Acceptance of late rent and forebearance of collection and/or eviction action on the part of the Landlord shall not approved.constitute a waiver of any of Landlord's right under the lease. Should Tenant's rent remain unpaid after the 15th of any month, Landlord shall have the right to terminate services to Tenant and deny Tenant access to both the exclusive and nonexclusive premises by charging the locks. Any costs associated with changing the locks shall be at Tenant's expense. Tenant shall reimburse Landlord for the cost of changing the locks before any lease default will be considered cured. Should Tenant's rent remain unpaid after the thirtieth day of any month, Landlord shall have the right to terminate the lease, remove and store Tenant's property at Tenant's expense and take whatever steps are necessary to rerent Tenant's premises. Tenant shall not be relieved of his duty to pay rent under this Lease Agreement until the premises are rerented or this Lease Agreement expires, whichever occurs first. In any event, Landlord shall be entitled to recover any and all reasonable costs incurred by Landlord in mitigating its damages by rerenting or attempting to rerent

Appears in 1 contract

Samples: Lease Agreement (Axonyx Inc)

Rent. Lessee 3.1 Tenant agrees to pay to Landlord the Annual Rent in effect from time to time by paying the Monthly Installment of Rent then in effect on or before the first day of each full calendar month during the Term, except that the first full month’s rent (subject to the Fourth Floor Abated Monthly Installment of Rent, the Ninth Floor Abated Monthly Installment of Rent and the Tenth Floor Abated Monthly Installment of Rent) shall pay as rent for be paid upon the full term execution of this Lease Lease. The Monthly Installment of Rent in effect at any time shall be one-twelfth (1/12) of the amount shown Annual Rent in effect at such time. Rent for any period during the Supplement as Total Rent, and Term which is less than a full month shall be a prorated portion of each the Monthly Installment of Rent based upon the number of days in such month. Said rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment paid to Landlord, without deduction or offset (except as expressly set forth in Exhibit A B attached hereto and except as provided above with respect to the Supplement plus any applicable sales prepaid rent for the first month and use tax thereon. Except as provided in Section 5the Fourth Floor Abated Monthly Installment of Rent, the obligation Ninth Floor Abated Monthly Installment of Lessee Rent and the Tenth Floor Abated Monthly Installment of Rent), without notice or demand, at the Rent Payment Address, as set forth on the Reference Pages, or to make such other person or at such other place as Landlord may from time to time designate in writing. If an Event of Default resulting from Tenant’s failure to pay rent occurs, Landlord may require by notice to Tenant that all subsequent rent payments or any other payments required hereunder shall be absolute and unconditional in all eventsmade by an automatic payment from Tenant’s bank account to Landlord’s account, without cost to Landlord. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any Tenant must implement such automatic payment system prior to the next scheduled rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation within thirty (30) days after Landlord’s notice, whichever is later. Unless specified in this Lease to make such rent payments or other payments required under the contrary, all amounts and sums payable by Tenant to Landlord pursuant to this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approveddeemed additional rent.

Appears in 1 contract

Samples: Early Possession Agreement (Cray Inc)

Rent. Lessee shall agrees to pay to Lessor, as rent for during the full term Initial Term of this Lease and the amount shown 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 Supplement as Total Rentpreceding sentence, unless and a portion of each rent payment is paid asuntil Lessee defaults beyond any applicable notice and cure periods, and represents the payment of interest, and Exhibit “A” attached with respect to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment any covenant or obligation set forth in Exhibit A to this Lease or in the Supplement plus any applicable sales Business Note (the “Note”), executed on even date herewith by and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other personLessor, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make pay rent payments from the Commencement Date up through and including January 31, 2010, shall axxxx (the “Rental Abatement Period”). In the event that Lessee defaults, with respect to any covenant or other payments 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 term shall not be abated through accident or unforeseen circumstances. However, nothing herein 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 construed immediately due and payable. In the event that Lessee defaults with respect to release Lessor from any covenant or obligation set forth in the performance 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 its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel Lessee’s Base Rent that would have been due during the performance Rental Abatement Period but for the abatement of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make Base Rent, plus the total of all rent payments during Base Rent due throughout the term balance of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term Initial Term of this Lease from divided by the governing body number of months remaining in the Initial Term of this Lease. Said increased Base Rent shall be due and payable on the first day of the first month immediately after the end of the Notice Period, during which Lessee’s default was cured, and, thereafter, on 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 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 exhaust all available administrative reviews and appeals in Lessor have not mutually agreed as to the event such portion Prevailing Market Rate by a date that is forty-five (45) days prior to the first day of the budget 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 second renewal term during which Lessee’s Base Rent is not approvedin dispute and subject to the dispute resolution process set forth above, Lessee’s monthly rental obligation shall be Fourteen Thousand Dollars ($14,000.00) subject to adjustment, upward or downward, upon the determination of Lessee’s Base Rent due and owing throughout the second renewal term. Any such adjustment shall be made to the first and, if necessary, second Base Rent payments due immediately after the final second renewal term Base Rent determination.

Appears in 1 contract

Samples: Unit Purchase Agreement (Argyle Security, Inc.)

Rent. Lessee 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 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 as rent for Landlord in advance on the full term Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease the amount shown in the Supplement Lease, as Total Additional Rent, and a portion Tenants Share of each rent payment is paid asOperating Expenses, Tax Expenses, Common Area Utility Costs, and represents the payment of interest, and Exhibit “A” attached Utility Expenses. The term "Rent" whenever used herein refers to the Supplement sets forth aggregate of all these amounts. If Landlord permits Tenant to occupy the interest component Premises without requiring Tenant to pay rental payments for a period of each rent payment during time, the termwaiver of the requirement to pay rental payments shall only apply to the waiver of the Base Rent. The Total 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 payable in installments each in paid on the amount Commencement Date, and any prorated Rent for the final calendar month hereof shall be paid on the first day of the basic rental payment set forth calendar month in Exhibit A to which the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation date of Lessee to make rent payments expiration or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedtermination occurs.

Appears in 1 contract

Samples: Lease Agreement (New Focus Inc)

Rent. Lessee The rents shall pay as rent for the full term be and consist of a Base Rent (herein called ---- "Base Rent") and Additional Rent (herein called "Additional Rent"). For purposes of this Lease Agreement, Base Rent and Additional Rent are referred to collectively as "Rent." Base Rent shall be the amount shown indicated in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the termBasic Lease Information. The Total Base Rent shall be payable in equal monthly installments in advance on the first day of each and every calendar month during the term of this Lease (except to the extent 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 amount Basic Lease Information, to be applied against the first installment(s) of the basic rental payment set forth in Exhibit A Base Rent becoming due under this Lease). Additional Rent shall consist of all other sums of money as shall become due from and payable by Tenant to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required Landlord under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein All Rent shall be construed paid in lawful money of the United States of America to release Lessor from Landlord at its office or such other place, as Landlord shall designate by notice to Tenant. Tenant shall pay the performance Base Rent and Additional Rent promptly when due without notice or demand and without any abatement, deduction or offset for any reason whatsoever, except as expressly provided in this Lease. If the Commencement Date occurs on a day other than the first day of its obligations hereunder; and if Lessor should fail to perform 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 such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance specified periods of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments time during the term of the Lease and hereby covenants that ("Rent Free Period(s)"), none of the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year Base Rent specified in this Lease as payable during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in Term shall be allocable to any such Rent Free Period(s). In the event of any default by Tenant, Landlord shall have the right to collect Rent for the Premises from Tenant for all Rent Free Period(s) at the same Base Rent in effect immediately after any such portion of the budget is not approvedRent Free Period(s).

Appears in 1 contract

Samples: Lease Agreement (Virtual Mortgage Network Inc)

Rent. Lessee shall covenants to pay to Lessor as a net minimum rent (the "Fixed Rent") during the Lease Term the sum of TWO HUNDRED SEVENTY THOUSAND DOLLARS ($270,000.00) per annum for the full term principal of this the Lease Term, or the amount shown in the Supplement as Total Rent, and a portion sum of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the termTWENTY TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500.00) per month. The Total Fixed Rent shall be payable in advance in equal monthly installments on the first day of each calendar month. If the Lease Term does not commence on the first day of a month, the Fixed Rent for the month in which the amount Lease Term commences shall be appropriately apportioned. The first installment of Fixed Rent shall be paid simultaneously with the basic rental payment set forth in Exhibit A execution of this Lease. Each date on which Fixed Rent is payable hereunder is hereinafter referred to the Supplement plus any applicable sales and use tax thereonas a "Rent Payment Date". Except Lessee also covenants to pay, from time to time as provided in Section 5this Lease, the obligation of as Additional Rent: all other amounts and obligations which Lessee assumes or agrees to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required 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, if a demand therefore is required by the terms of this Lease, within ten days after such demand), from the 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. Lessee’s obligation If Lessee fails to make rent payments pay any such Additional Rent, Lessor shall have all the rights, powers and remedies provided for in this Lease or other payments during at law or in equity or otherwise in the Lease term shall not be abated through accident or unforeseen circumstancescase of nonpayment of rent. However, nothing herein All Fixed Rent and Additional Rent (collectively hereinafter referred to as "Rent") shall be construed paid in such coin or currency (or, subject to release collection, by good check payable in such coin or currency) of the United States of America as at the time shall be legal tender for the payment of public and private debts, at the office of Lessor as set forth above, or at such place and to such person as Lessor from the performance of its obligations hereunder; and if Lessor should fail time to perform any such obligation, Lessee time may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approveddesignate.

Appears in 1 contract

Samples: Lease (Total Identity Corp)

Rent. Lessee 4.1 Tenant hereby agrees to pay Landlord the Base Rent subject to recalculation as provided in Section 1.2. For purposes of Rent adjustment under the Lease, the number of months is measured from the first day of the calendar month in which the Commencement Date falls. Notwithstanding the foregoing, in consideration of Tenant entering into this lease, the monthly Base Rent and Tenant’s Share of Operating Expenses and Taxes shall pay as rent be abated for the full term first three (3) months after the Commencement Date and Tenant shall have no obligation to make any payment of this Lease the amount shown in the Supplement as Total Base Rent, Taxes or other Operating Expenses during such three (3) month period. Landlord and a portion Tenant agree for tax reporting purposes that none of each rent payment the Base Rent or Tenant’s Share of Operating Expenses and Taxes due in periods in which Base Rent and Tenant’s Share of Operating Expenses and Taxes is paid as, and represents not being abated shall be allocated to any other period. Each monthly installment (the payment of interest, and Exhibit A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent Monthly Rent”) shall be payable by check or by money order on or before the first day of each calendar month. In addition to the Base Rent, Tenant also agrees to pay Tenant’s Share of Operating Expenses and Taxes (each as hereinafter defined), and any and all other sums of money as shall become due and payable by Tenant as hereinafter set forth, all of which shall constitute additional rent under this Lease (the “Additional Rent”). Landlord expressly reserves the right to apply any payment received to Base Rent or any other items of Rent that are not paid by Tenant. The Monthly Rent and the Additional Rent are sometimes hereinafter collectively called “Rent” and shall be paid when due in installments each in the amount lawful money of the basic United States without demand, deduction, abatement, or offset to the addresses for the rental payment set forth in Exhibit A the Basic Lease Information, or as Landlord may designate from time to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedtime.

Appears in 1 contract

Samples: Lease Agreement (Imperva Inc)

Rent. Lessee shall 4.1 Tenant hereby agrees to pay as rent for Landlord the full term Base Rent. For purposes of this Lease Rent adjustment hereunder, the amount shown number of months is measured from the first day of the calendar month in which the Supplement as Total Initial Commencement Date falls. Each monthly installment (the "Monthly Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent ") shall be payable by check or by money order or by Federal Reserve Automated Clearing House (ACH) deposit to an account as directed by Landlord by written notice to Tenant on or before the first day of each calendar month. Landlord agrees to accept payment by Federal Reserve Automated Clearing House (ACH) deposit only so long as such system is available for Landlord's use. In addition to the Base Rent, Tenant also agrees to pay Tenant's Share of Operating Expenses and Taxes (each as hereinafter defined), and any and all other sums of money as shall become due and payable by Tenant as set forth in installments each in this Lease, all of which shall constitute additional rent under this Lease (the amount "Additional Rent"). All non-recurring payments of Additional Rent will be due and payable as of the basic date that is thirty (30) days after Landlord's delivery of 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 Tenant. The Base Rent, the Monthly Rent and the Additional Rent are sometimes hereinafter collectively called "Rent" and shall be paid when due in lawful money of the United States without demand, deduction, abatement, or offset, except to the extent expressly set forth herein, to the addresses for the rental payment set forth in Exhibit A the Basic Lease Information, or via ACH transfer or as Landlord may designate from time to time by written notice delivered at least thirty (30) days prior to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term effective date of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedaddress change.

Appears in 1 contract

Samples: Lease Agreement (Penumbra Inc)

Rent. Lessee 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 as rent for Landlord in advance on the full term Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease the amount shown in the Supplement Lease, as Total Additional Rent, and a portion Tenant’s Share of each rent payment is paid asOperating Expenses, Tax Expenses, Common Area Utility Costs, and represents the payment of interest, and Exhibit Utility Expenses. The term ARentattached whenever used herein refers to the Supplement sets forth aggregate of all these amounts. If Landlord permits Tenant to occupy the interest component Premises without requiring Tenant to pay rental payments for a period of each rent payment during time, the termwaiver of the requirement to pay rental payments shall only apply to the waiver of the Base Rent. The Total 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 payable in installments each in paid on the amount Commencement Date, and any prorated Rent for the final calendar month hereof shall be paid on the first day of the basic rental payment set forth calendar month in Exhibit A to which the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation date of Lessee to make rent payments expiration or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedtermination occurs.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Rent. Lessee 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 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 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 as rent for Landlord in advance on the full term Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease the amount shown in the Supplement Lease, as Total Additional Rent, and a portion Tenant's Share of each rent payment is paid asOperating Expenses, Tax Expenses, Common Area Utility Costs, and represents the payment of interest, and Exhibit “A” attached Utility Expenses. The term "Rent" whenever used herein refers to the Supplement sets forth aggregate of all these amounts. If Landlord permits Tenant to occupy the interest component Premises without requiring Tenant to pay rental payments for a period of each rent payment time (that is, the above-referenced pre-Commencement Date occupancy or similar "free rent" period, if any), the waiver of the requirement to pay rental payments shall only apply to the waiver of the Base Rent; provided, during the termpre- Commencement Date occupancy, Tenant's obligation to pay such Additional Rent shall not exceed the maximum amount of 20/100 Dollars ($0.20) per rentable square foot of the Premises per month. The Total 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. The prorated Rent shall be payable in installments each in paid on the amount Commencement Date and the first (1st) day of the basic rental payment set forth calendar month in Exhibit A to which the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation date of Lessee to make rent payments expiration or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedtermination occurs.

Appears in 1 contract

Samples: Lease Agreement (Loudcloud Inc)

Rent. Lessee shall A. Tenant covenants and agrees to pay as rent for to Landlord during the Lease Term, without any setoff or deduction whatsoever, the full term amount of this Lease the amount shown in the Supplement as Total Rentall Base Rental payments, and a portion of each rent payment is paid asany adjustments thereof, and represents due in accordance with the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment schedule set forth in Exhibit A to B-1 hereof (the Supplement plus "Base Rental"), the full amount of all payments of Additional Base Rental due in accordance with Exhibit B-2 hereof (the "Additional Base Rental") and all such other sums of money as shall become due under this Lease (including, without limitation, any applicable sales charges for replacement of electric lamps and use tax thereon. 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 in Section 5herein, the obligation of Lessee to make rent payments Base Rental and Additional Base Rental for each calendar year or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments portion thereof during the Lease term Term, shall be due and payable in advance in equal monthly installments on the first day of each calendar month during the Lease Term and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rental and Additional 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 payable upon the execution of this Lease by Tenant. If the Lease Term commences on a day other than the first day of a month or terminates on a day other than the last day of a month, then the installments of Base Rental and Additional Base Rental for such month or months shall be prorated, based on the number of days in such month. All such payments shall be by a good and sufficient check. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct amount of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest 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 Landlord may accept such check or payment without prejudice to 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 date of such payment shall not be abated through accident or unforeseen circumstancesconstrued to be a waiver of Landlord's right to declare a default for any other late payment. However, nothing herein Tenant's covenant to pay Rent shall be construed to release Lessor from the performance independent of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of every other covenant set forth in this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedLease.

Appears in 1 contract

Samples: Office Lease Agreement (Tenera Inc)

Rent. Lessee shall pay as rent for Throughout the full term of this Lease, Tenant shall pay to Landlord, without demand, deduction, set-off or counterclaim, the rent, which is hereby defined as the sum of the Minimum Rent and all additional rent, when and as the same shall be 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 Tenant to Landlord pursuant to this Lease or the amount shown in the Supplement exhibits attached hereto are defined as Total Rent"additional rent" and are due ten (10) days after demand, without any deduction, set-off or counterclaim, and a portion failure to pay such sums of each rent payment is paid as, money or charges shall carry the same consequences as Tenant's failure to pay rent. All payments and represents the payment of interest, and Exhibit “A” attached charges required to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent be made by Tenant to Landlord hereunder shall be payable in installments each 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 forced to incur any other expense arising from a default by Tenant (including, without limitation, reasonable attorneys' fees and disbursements in instituting, prosecuting or defending any suits, actions or proceedings [including any bankruptcy or insolvency proceedings]) to enforce Landlord's right under this Lease, the amount of sums so paid by Landlord with all interest (at the basic rental payment rate set forth in Exhibit A Section 3.05 hereof), costs and damages shall be paid by Tenant to Landlord upon written demand and if not immediately paid shall be deemed to 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 Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation remedies available to it hereunder for non-payment of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedrent.

Appears in 1 contract

Samples: f01.justanswer.com

Rent. Lessee shall pay as rent The “minimum” or “base” rent, additional rent, operating costs, and other income from the Property (other than percentage rents) collected by Seller from tenants under the Leases for the full term calendar month in which the Closing occurs shall be prorated on the basis of this Lease the amount shown in number of days of such month the Supplement Property will have been owned by Purchaser and Seller, respectively. However, there shall be no proration of any such rent or other charges which are delinquent as Total Rentof the Closing Date. Rather, Purchaser shall cause any such delinquent rent and charges for the period prior to Closing to be remitted to Seller if, as and when collected, provided that, upon Purchaser’s receipt of such delinquent rent and charges, such tenant is, or after application of a portion of each rent such payment is paid aswill be, and represents current under such Lease in the payment of interestall accrued rental and other charges that become due and payable on the date of Closing or thereafter. At Closing, Seller shall deliver to Purchaser a schedule of all such delinquent rent and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the termsuch other charges. The Total Rent Purchaser shall be payable in installments each in include the amount of delinquent rent and charges in the basic rental payment set forth in Exhibit A first bills thereafter submitted to the Supplement plus 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, Seller may pursue remedies directly against delinquent tenants (but may not xxx to evict or otherwise dispossess tenants), provided that Seller shall not initiate or pursue any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments remedies against (i) any delinquent tenant or (ii) any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments tenants and other payments required hereunder when due and shall not withhold any rent payment parties under certain easement or other payment pending final resolution agreements who are delinquent in paying Reimbursements (hereinafter defined) (“Reimbursement Parties”) unless (A) the aggregate amount of such dispute nor shall Lessee assert delinquencies owed to Seller from all tenants of the Property (the “Tenant Delinquencies”) and the amount of delinquent Reimbursements owed to Seller from all Reimbursement Parties (the “Reimbursement Delinquencies”) collectively are in excess of $50,000.00 (the “Minimum Collection Amount”), and (B) Seller indemnifies Purchaser for any right of set-off claims or counterclaim against its obligation liabilities arising or accruing for periods prior to make such rent payments or other payments required Closing under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform with any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedtenant.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Wells Real Estate Investment Trust Inc)

Rent. Lessee shall Commencing on the Phase 1/2 Rent Commencement Date (in respect of the Phase 1 Premises and the Phase 2 Premises) and the Phase 3 Rent Commencement Date (in respect of the Phase 3 Premises), Subtenant agrees to pay as rent for the full term of this Lease the amount shown Basic Rent set forth in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached Section 1.10 to the Supplement sets Payee specified in Section 1.11, via wire transfer, in immediately available funds, using the instructions set forth on Exhibit F or 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 interest component of each rent payment during the termPrime Lease. The Total Basic Rent shall be payable paid in equal monthly installments in advance on the first day of each in the amount month of the basic rental Term. 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”, and Basic 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. If any check tendered by Subtenant in payment set forth of Rent, it shall be subject to collection; and, if the same is dishonored upon presentment for payment, Sublandlord, in Exhibit A addition to all other rights and remedies contained in this Sublease, may 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 made by wire transfer or certified check. If Subtenant fails to pay any Basic Rent or any Additional Rent within five (5) calendar days of the time it is due and payable, then such unpaid amounts shall bear interest from the due date thereof to the Supplement plus any applicable sales and use tax thereondate of payment at the rate of thirteen percent (13%) per annum. Except as provided in Section 5, Subtenant shall pay the obligation first monthly installment of Lessee to make rent payments or any other payments required hereunder Basic Rent (which shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when credited against the Basic Rent due and shall not withhold any rent payment payable on the Phase 1/2 Rent Commencement Date) on or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation prior to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedPhase 1 Tender Date.

Appears in 1 contract

Samples: Sublease (Integral Systems Inc /Md/)

Rent. Lessee shall A. Tenant covenants and agrees to pay as rent for to Landlord during the Lease Term, without any setoff or deduction whatsoever, the full term amount of this Lease the amount shown in the Supplement as Total Rentall Base Rental payments, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached subject to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment Abatement set forth in Exhibit A to E hereof, and any adjustments thereof, due in accordance with the Supplement plus 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 reasonable sums of money as shall become due under this Lease (including, without limitation, any applicable sales reasonable charges for replacement of electric lamps and use tax thereonballasts 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 in Section 5herein, the obligation of Lessee to make rent payments Base Rental and Additional Base Rental for each calendar year or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments portion thereof during the Lease term Term, shall be due and payable in advance in equal monthly installments on the first day of each calendar month during the Lease Term and any extensions or renewals hereof, and tenant hereby agrees to pay such Base Rental and Additional 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 payable upon the execution of this Lease by Tenant. If the Lease term, commences on a day other than the first day of a month or terminates on a day other than the last day of a month, then the installments of Base Rental and Additional Base Rental for such month or months shall be prorated, based on the number of days in such month. All such payments shall be by a good and sufficient check. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct amount of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest 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 Landlord may accept such check or payment without prejudice to 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 date of such payment shall not be abated through accident or unforeseen circumstancesconstrued to be a waiver of Landlord's right to declare a default for any other late payment. However, nothing herein Tenant's covenant to pay Rent shall be construed to release Lessor from the performance independent of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of every other covenant set form in this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedLease.

Appears in 1 contract

Samples: Office Lease Agreement (Alloy Online Inc)

Rent. Lessee shall Tenant covenants and agrees to pay as rent for Landlord during the full term of this Lease Term the amount shown of the "Basic Rent" described in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the termBasic Lease Provisions above. The Total 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 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 basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation earliest of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when those sums due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required from Tenant under this Lease. Lessee’s obligation No endorsement or statement on any check or any letter accompanying any check for the payment of Rent or Additional Rent shall be deemed an accord and satisfaction by Landlord, and Landlord may accept any payment from Tenant without prejudice to make rent payments 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 right to install the Solar Facility and other payments during improvements expressly set forth herein and approved by Landlord in writing in advance of the Lease term installation, all on the Leased Premises and such other areas of the Building and the Property as is expressly provided for in this Lease, all at Tenant's own cost and expense . Installation type shall include solar to the roof and carport as 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 connection with the Building switchgear, and the electric distribution system of 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 order for the Solar Facility to achieve commercial operation in a timely manner . (b) 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 following : (i) the proper functioning of the systems at the Property, including, without limitation, the 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 abated through accident or unforeseen circumstances. However, nothing herein adversely affected ; (ii) the work shall be construed 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 release Lessor from 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 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 performance of its obligations hereunder; the work, all Legal Requirements, and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel all plans and specifications (that shall be approved by Landlord in advance of the performance of any work, such obligation approval not to be unreasonably withheld, conditioned or to recover damages therefor. Lessee reasonably believes that funds can delayed) ; (vi) the work shall be obtained sufficient to make all rent payments during the term of the Lease performed continuously and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.diligently, without

Appears in 1 contract

Samples: Solar Lease (Green Stream Holdings Inc.)

Rent. Lessee A. During each calendar year, or portion thereof, falling within the Lease Term, Tenant shall pay to Landlord as rent Additional Base Rental hereunder Tenant's Pro Rata Share of Basic Costs (as defined below) for the full term applicable calendar year. Prior to the Commencement Date and prior to January 1 of this each calendar year during the Lease Term, or as soon thereafter as practical, Landlord shall make a good faith estimate of 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 provide Tenant with a revised statement therefor, and thereafter the amount shown in 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 Supplement 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 Total RentLandlord provides Tenant with an estimate of Basic Costs for the current year. Upon receipt of such current year's estimate, and a portion an adjustment shall be made for any month during the 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 thirty (30) 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 estimate. Any amounts paid by Tenant based on any estimate shall be subject to 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 rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment calendar year during the termLease Term, Landlord shall furnish to Tenant a statement of Landlord's actual Basic Costs for the previous calendar year. The Total Rent shall be payable in installments each in If the amount of estimated Basic Costs actually paid by Tenant for the basic rental payment set forth prior year is in Exhibit A 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, provided if the Lease Term expires prior to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution determination of such dispute nor overpayment, Landlord shall Lessee assert refund such overpayment to Tenant after first deducting the amount of any right of set-off Rent due hereunder. Likewise, Tenant shall pay to Landlord, within thirty (30) days after demand, any underpayment with respect to the prior year, whether or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during not the Lease term has terminated prior to receipt by Tenant of a statement for such underpayment, it being understood that this clause shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from survive the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term expiration of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedLease.

Appears in 1 contract

Samples: Office Lease Agreement (Information Management Associates Inc)

Rent. Lessee On the date that Tenant executes this Lease, Tenant shall pay as rent deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the full term 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 Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the amount shown Base Rent described in the Supplement as Total RentBasic Lease Information, payable in advance at Landlord's address specified in the Basic Lease Information on the Commencement Date and a portion thereafter on the first (1st) day of each rent payment is paid as, and represents month throughout the payment balance of interest, and Exhibit “A” attached the Term of the Lease. In addition to the Supplement sets forth the interest component of each rent payment during the term. The Total Base Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A 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 Supplement plus any applicable sales and use tax thereonaggregate of all these amounts. Except as provided in Section 5If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the obligation waiver of Lessee the requirement to make rent 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 any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution termination of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstancesa prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. However, nothing herein The prorated Rent shall be construed to release Lessor from paid on the performance of its obligations hereunder; Commencement Date and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term first day of the Lease and hereby covenants that calendar month in which the officer date of Lessee responsible for budget preparation shall request termination occurs, as the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedcase may be.

Appears in 1 contract

Samples: Lease Agreement (Interlink Electronics)

Rent. Lessee During the Term, Tenant shall pay to Landlord “Annual Base Rent” as rent for determined pursuant to Schedule A or Schedule B below, whichever is applicable, multiplied by the full term number of this Lease rentable square feet of the amount shown in the Supplement Premises (such sum is hereafter referred to as Total “Base Rent”), together with “Tenant’s Proportionate Share” of “Excess Operating Costs” and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit AAdditional Rentattached to the Supplement sets forth the interest component of each rent payment during the term(as those terms are hereinafter defined). The Total Base Rent shall be payable in monthly installments in advance without notice, demand, setoff or deduction and 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 shall be due on the Commencement Date and, thereafter, such monthly installments shall be due on the first day of each in calendar month. If the amount Premises are occupied for a fraction of a month at the beginning or the end of the basic rental payment set forth in Exhibit A to Term. Tenant shall pay a proportionate part of the Supplement plus any applicable monthly installment. Tenant shall pay and be liable for all rental, sales and use tax thereontaxes or other similar taxes, if any, levied or imposed on Base Rent or Additional Rent payments by any city, county, state or other governmental body having authority. Except as provided Such payments shall be in Section 5, the obligation of Lessee addition to make rent payments or any all other payments required hereunder shall to be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution paid to Landlord by Tenant under the terms of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein Any such payment shall be construed paid to release Lessor from Landlord concurrently with the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term payment of the Base Rent or Additional Rent upon which such tax is based. Schedule B shall apply to this Lease. SCHEDULE A SCHEDULE B Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.Year Annual Base Rent Rate Annual Base Rent Monthly Rent Installment Annual Base Rent Rate Annual Base Rent (1) Monthly Rent Installment (1) (First Year Only) $ $ $ $ 16.68 u.s.f. $ 17,847.60 $ 1,487.30

Appears in 1 contract

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

Rent. Lessee The rents shall pay as rent for the full term be and consist of a Base Rent (herein called ---- "Base Rent") and Additional Rent (herein called "Additional Rent"). For purposes of this Lease Agreement, Base Rent and Additional Rent are referred to collectively as "Rent." Base Rent shall be the amount shown indicated in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the termBasic Lease Information. The Total Base Rent shall be payable in equal monthly installments in advance on the first day of each and every calendar month during the term of this Lease (except to the extent 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 amount Basic Lease Information, to be applied against the first installment or installments of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when Base Rent becoming due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease). Lessee’s obligation Additional Rent shall consist of all other sums of money as shall become due and payable by Tenant to make Landlord hereunder. All rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed paid in lawful money of the United States of America to release Lessor from Landlord at its office or such other place, as Landlord shall designate by notice to Tenant. Tenant shall pay the performance Base Rent and Additional Rent promptly when due without notice or demand therefor and without any abatement, deduction or setoff for any reason whatsoever, except as expressly provided in this Lease. If the Commencement Date occurs on a day other than the first day of its obligations hereunder; and if Lessor should fail to perform any such obligationa calendar month, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance Base Rent for that partial calendar month shall be prorated on a daily basis. If the Basic Lease Information provides for the abatement of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments Base Rent for specified periods of time during the term of the Lease and hereby covenants that ("Free Rent Period(s)"), none of the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year Base Rent specified in this Lease as payable during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in Term shall be allocable to any such Free Rent Period(s). In the event of any default by Tenant, Landlord shall have the right to collect Rent for the Premises from Tenant for all Free Rent Period(s) at the same Base Rent in effect immediately after any such portion of the budget is not approvedFree Rent Period(s).

Appears in 1 contract

Samples: Partnership Lease Agreement (Preview Systems Inc)

Rent. Lessee shall pay as To the extent collected by Nine Penn Owner prior to Closing, the “minimum” or “base” rent paid by tenants under the Assignable Leases for the full term calendar month in which the Closing occurs shall be prorated between Purchaser and Seller on the basis of this Lease the amount shown 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 Supplement 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 Total Rentof the Closing Date. Rent collected on or after the Closing Date shall be applied first to the month of Closing, then to any delinquency existing for the period thereafter and a portion of each then to any delinquency for the period prior to Closing. Purchaser shall cause any rent payment is paid applicable to the period prior to Closing to be remitted to Seller if, as, and represents when collected by Purchaser. If Seller receives any rent following Closing, then Seller shall cause any rent applicable to the payment of interestperiod following Closing to be remitted to Purchaser if, as, and Exhibit “A” attached when collected by Seller. At Closing, Seller shall deliver to Purchaser a schedule of all delinquent rent. In the Supplement sets forth the interest component of each event any delinquent rent payment during the termis omitted from such schedule, Seller shall not be deemed to have waived its rights to such rent. The Total Rent Purchaser shall be payable in installments each in cause Nine Penn owner to include the amount of delinquent rent in the basic rental payment set forth in Exhibit A first bills thereafter submitted to the Supplement plus any applicable sales 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 tax thereon. Except as provided commercially reasonable efforts to pursue remedies directly against delinquent tenants, but shall in Section 5, the obligation of Lessee no event be obligated to make rent payments xxx to evict or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due otherwise dispossess such tenants and shall not withhold be required to continue to pursue such remedies against such tenants after the date that is eighteen (18) 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 payment or 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 revenues and breakpoint allocated evenly over the year in which Closing occurs on a daily basis and any amount payable from one party to the other payment pending final resolution of shall be paid promptly after such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments reconciliation is required under this the applicable Assignable Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.

Appears in 1 contract

Samples: Sale Agreement (Equity Commonwealth)

Rent. Lessee shall pay as rent for During the full term Term of this Lease Lease, Yearly Rent at the amount shown rate stated in the Supplement as Total RentExhibit 1, additional rent, and a portion of each rent payment is paid asother charges due hereunder, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable by Tenant to Landlord by monthly payments, as stated in installments Exhibit 1, in advance and without notice or demand, except as otherwise provided in this Lease, on the first day of each month for and in respect of such month. Except as otherwise provided in this Lease, Yearly Rent, Additional Rent and other charges reserved and covenanted to be paid under this Lease shall commence on the amount Rent Commencement Date. Notwithstanding the provisions of the basic rental next preceding sentence, Tenant shall pay the first monthly installment of Monthly Rent to Landlord within thirty (30) days of the date that Landlord notifies Tenant in writing (which notice 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 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 time of payment, at the Rent Payment Address set forth in Exhibit A 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 Supplement plus 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 annual rate of five percent (5%) over the so-called prime rate then currently from time to time charged to its most favored corporate customers by the largest national bank (N.A.) located in the city in which the Building is located (“Prime Rate”), or at any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible lesser maximum legally permissible rate for budget preparation shall request the required appropriation for each fiscal year during the term debts of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvednature.

Appears in 1 contract

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

Rent. Lessee shall Sublessee agrees to pay as rent for to Sublessor the Minimum Monthly Rent on or before the first day of the first full calendar month of the term of this Lease the amount shown in the Supplement as Total Rent, hereof and a portion like sum on or before the first day of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments every successive calendar month thereafter during the term of the Lease and hereby covenants hereof, except that the officer of Lessee responsible first month's rent shall be paid upon the execution hereof. Rent for budget preparation shall request the required appropriation for each fiscal year any period during the term hereof which is for less than one (1) month shall be a prorated portion of this Lease the monthly installment herein, based upon a thirty (30) day month. Rental shall be paid to Sublessor, without deduction or offset, in lawful money of the United States of America, which shall be legal tender at the time of payment to such person or place as Sublessor may from time to time designate in writing. Any costs incurred by Sublessor in providing auxiliary aids or services or in undertaking barrier removal efforts as defined in and pursuant to the governing body Americans With Disabilities Act of Lessee 1990 and exhaust the regulations promulgated thereunder, as the same may be amended or supplemented from time to time, or in any 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 Premises shall be deemed additional 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 available administrative reviews interest and appeals penalties that may accrue thereon in the event of Sublessee's failure to pay such portion amounts (including interest and late charges), and all damages, costs and expenses which Sublessor may incur by reason of any default of Sublessee or failure on Sublessee's part to comply with the budget is not approvedterms of this Sublease, including Sublessor's reasonable and actual attorney's fees, shall be deemed to be additional rent and, in the event of nonpayment by Sublessee, Sublessor shall l have all rights and remedies with respect thereto as Sublessor has for the nonpayment of Minimum Monthly Rent.

Appears in 1 contract

Samples: Jb Oxford Holdings Inc

Rent. Lessee shall pay as rent Rent for the full term of this Lease the amount shown in the Supplement as Total Rentmonth of, and a portion any month after, Closing collected by the Partnership prior to Closing shall be apportioned as of each rent payment the Closing Date. If any tenant is paid as, and represents in arrears in the payment of interestrent on the Closing Date, and Exhibit “A” attached rents received from such tenant after the Closing shall be applied in the following order of priority: (a) first, to the Supplement sets forth payment of current rent then due; (b) second, to delinquent rent for any period after the interest component Closing Date; and (c) third, to delinquent rent for any period prior to the Closing Date. Buyer shall either cause the Partnership to use reasonable efforts to collect (at no cost to Buyer or the Partnership), or shall assign to Sellers the right to collect, arrearages in rents due from tenants as of each rent payment during the termFirst Closing Date. The Total Rent If rents or any portion thereof received by Sellers or the Partnership after the Closing Date are payable to the other party by reason of this allocation, the appropriate sum, less a proportionate share of any reasonable attorneys' fees, costs and expenses of collection thereof, shall be payable promptly paid to 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 Partnership after the Closing which are attributable in installments each whole or in part to any period prior to the Closing, then the Partnership shall promptly pay to Sellers the amount of the basic rental payment set forth in Exhibit A such Additional Rents attributable to the Supplement plus period prior to the Closing, less a proportionate share of any applicable sales reasonable attorneys' fees, costs and, expenses of collection thereof, and use tax thereondeliver 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 survive the Closing. Except as provided in Section 5Upon written request of Sellers (but only until the time of the first reconciliation), Buyer shall cause the obligation Partnership to provide Sellers with the then current periodic report of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution the status of collection of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make Additional Rents from such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedtenants.

Appears in 1 contract

Samples: Sell Partnership Interests (Corporate Office Properties Trust)

Rent. Lessee Tenant shall pay as rent to Landlord in lawful United States currency the Base Rent. The Base Rent for each Period shall be payable in equal monthly installments, due on the first day of each calendar month, in advance, in legal tender of the United States of America, without abatement, demand, deduction or offset whatsoever. One full term monthly installment of this Lease Base Rent shall be due and payable on the amount shown in Effective Date and shall be applied to the Supplement as Total first month's Base Rent, and a portion like monthly installment of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Base Rent shall be due and payable on or before the first day of each calendar month following the first calendar month after the Commencement Date during the Lease Term hereof (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 first calendar month, and the excess shall be applied as a credit against the next monthly Base Rent installment). Unless otherwise expressly provided, all monetary obligations of Tenant to Landlord under this Lease, of any type or nature, other than Base Rent, shall be denominated as Additional Rent. Except as otherwise provided, all Additional Rent shall be due and payable within ten (10) days from Tenant’s receipt of 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 installments each invoices presented by Landlord to Tenant. All Rent shall be paid to Landlord without demand, setoff, or deduction whatsoever, except as specifically provided in the amount of the basic rental payment this Lease, at Landlord’ address as set forth in Exhibit A Section 28.1 of this Lease, or at such other place as Landlord shall designate in writing to Tenant. Tenant’s obligations to pay Rent are covenants independent of the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required Landlord’s obligations under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.

Appears in 1 contract

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

Rent. Lessee On the date that Tenant executes this Lease, Tenant shall pay as rent deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the full term 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 Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the amount shown Base Rent specified in the Supplement as Total RentBasic Lease Information, payable in advance at Landlord's address specified in the Basic Lease Information on the Commencement Date and a portion thereafter on the first (1st) day of each rent payment is paid as, and represents month throughout the payment balance of interest, and Exhibit “A” attached the Term of the Lease. In addition to the Supplement sets forth the interest component of each rent payment during the term. The Total Base Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A 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 Supplement plus any applicable sales and use tax thereonaggregate of all these amounts. Except as provided in Section 5If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the obligation waiver of Lessee the requirement to make rent 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 any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution termination of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstancesa prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. However, nothing herein The prorated Rent shall be construed to release Lessor from paid on the performance of its obligations hereunder; Commencement Date and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term first day of the Lease and hereby covenants that calendar month in which the officer date of Lessee responsible for budget preparation shall request termination occurs, as the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedcase may be.

Appears in 1 contract

Samples: Lease Agreement (Pri Automation Inc)

Rent. Lessee Tenant shall pay as to Landlord minimum rent (the "Base Rent") for the full term of this Lease the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment Leased Premises during the termLease Term in accordance with the terms and conditions of Exhibit B, attached hereto (the "Rent Schedule"). The Total Base Rent shall be payable in installments advance on or before the first day of each full and partial calendar month during the Lease Term; provided that: (a) if the Lease Term commences or expires on a date other than on the first day or last day of a calendar month, respectively, then the Base Rent payable for each such partial calendar month shall be an amount equal to: (i) the Base Rent otherwise then in effect; divided by (ii) the number of days in the amount full calendar month during which the Lease Term commences or expires, respectively; and multiplied by (iii) the number of days in the partial calendar month after and including the Commencement Date or before and including the Expiration Date, respectively; and (b) the Base Rent for any partial calendar month at the commencement of the basic rental payment set forth in Exhibit A Lease Term shall be payable on or before the first day of the first full calendar month during the Lease Term. In addition to the Supplement plus any applicable sales payment of Base Rent, Tenant shall pay to Landlord as additional rent (the "Additional Rent") all other sums of money and use tax thereon. Except as provided in Section 5, the obligation of Lessee charges required to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation paid by Tenant to make such rent payments or other payments required Landlord under this Lease, regardless of whether the same are designated as Additional Rent. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstancesBase Rent and Additional Rent, collectively, are "Rent". However, nothing herein All Rent shall be construed paid without relief from valuation and appraisement laws, and shall be payable without offset for any amount due or claimed to release Lessor be due from the performance of its obligations hereunder; and if Lessor should fail Landlord to perform any such obligationTenant, Lessee may institute such legal action against Lessor except as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of expressly provided in this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedLease.

Appears in 1 contract

Samples: Lease (Brightpoint Inc)

Rent. Lessee The "minimum" or "base" rent payable by tenants under the Leases for the calendar month in which the Closing occurs shall pay be prorated on the basis of the number of days of such month each Property will have been owned by Purchaser and the applicable 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 full term of this Lease the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached period prior to Closing to be remitted to the Supplement sets forth applicable Seller if, as and when collected. At Closing, each Seller shall deliver to Purchaser a schedule of all such delinquent rent. Following the interest component Closing, Purchaser shall use diligent efforts to collect such delinquent rent on behalf of each rent payment during the term. The Total Rent shall be payable in installments each in such Seller by including the amount of the basic rental payment set forth delinquent rent in Exhibit A all bills thereafter submitted to the Supplement plus any applicable sales tenants in question after the Closing; provided that, Purchaser’s obligation hereunder to collect delinquent rents shall terminate upon the earlier of (i) the subject tenant vacating the Property, or (ii) the date which is six (6) months following the Effective Date. All amounts collected by Purchaser under the Leases after Closing shall be applied first to delinquent rent and use tax thereon. Except delinquent Tenant Reimbursements (as provided defined in Section 54.4 below) for the rental period following the Closing Date, second to such amounts for the obligation month in which the Closing shall occur, and third to such amounts accruing prior to the Closing Date. Purchaser shall promptly deliver to the applicable Seller a copy of Lessee each such xxxx submitted to make rent payments or any other payments required hereunder tenants, shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due keep such Seller reasonably informed as to the status of Purchaser’s collection efforts with respect to such tenants after the Closing and shall not withhold compromise or settle any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lesseewithout such Seller’s obligation to make rent payments or other payments during the Lease term prior written consent, which shall not be abated through accident or unforeseen circumstancesunreasonably withheld. However, nothing herein Any applicable Seller shall be construed entitled to release Lessor from the performance of its obligations hereunderpursue any and all remedies against any delinquent tenant at any time; and if Lessor should fail provided that Sellers shall have no right to perform terminate any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation Lease or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the interfere with any tenant’s occupancy under any Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedconnection therewith.

Appears in 1 contract

Samples: Lease Agreement (KBS Strategic Opportunity REIT, Inc.)

Rent. Lessee Subtenant shall pay as in advance to Sublandlord basic rent of Four Thousand Dollars ($4,000) per month ("BASE RENT") for the full term of this Lease Sublease, payable on the amount shown in Commencement Date and on the Supplement as Total Rent, and a portion first day of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year month thereafter during the term of this Lease from Sublease. Payment of Base Rent shall be made without demand, notice, counterclaim, offset or deduction. It is the governing body intention of Lessee the parties that the payment of Base Rent provided above shall be absolutely "net" to the Sublandlord, by which is meant that the parties intend that the Sublandlord shall have the Base Rent in hand after payment of any and exhaust all available administrative reviews and appeals expenses that Sublandlord is required to pay on account of its leasehold interest in the event Deacon Premises and that arise during the term of this Sublease. SECTION 17 of this Sublease sets forth additional provisions relative to the payment of expenses related to the Deacon Premises. All such portion expenses that Sublandlord is required to pay under the terms of the budget Master Lease (or otherwise) with respect to the Deacon Premises (hereinafter referred to as "ADDITIONAL RENT"), to the extent not directly paid by the Subtenant, shall be invoiced by the Sublandlord to the Subtenant and the Subtenant shall pay the Sublandlord the amount so invoiced, without further demand, notice, counterclaim, offset or deduction, within 30 days of invoice. Additional Rent includes all costs and expenses of any kind or description with respect to the Deacon Premises that are the responsibility of the "Tenant" under the Master Lease and that arise during the term of this Sublease. Base Rent and Additional Rent are referred to herein collectively as "RENT". Subtenant's agreement to pay Rent is not approvedan independent covenant, with no right of setoff, deduction or counterclaim of any kind, except if and to the extent APPC objects to Subtenant occupying the Deacon Premises. The obligation of the Subtenant to pay Rent accruing during the term of this Sublease, whether Base Rent or Additional Rent, shall survive any termination of this Sublease or the Master Lease. Rent shall be prorated for any partial month at the beginning and/or end of the Sublease term, by dividing the stated monthly rental rate (and Tenant's pro rata share of Additional Rent) by the number of days in such month during which Subtenant occupies the Deacon Premises.

Appears in 1 contract

Samples: Sublease Agreement (Voyager Petroleum, Inc.)

Rent. Lessee Commencing on the Commencement Date, Tenant shall pay to Landlord the Base Rent without demand and without setoff or deductions of any kind, in equal monthly installments of Base Rent and electric as rent follows: All monthly installments are to be paid in advance, on the first day of each calendar' month of the Term at the address of Landlord stated above or such other place as Landlord may designate in writing from time to time, with payment in advance of appropriate fractions of a monthly payment for the full term of this Lease the amount shown in the Supplement as Total Rent, and a any portion of each rent payment is paid as, and represents a month at the payment expiration or prior termination of interest, and Exhibit “A” attached the Term. Every amount payable by Tenant hereunder in addition to the Supplement sets forth the interest component of each rent payment during the term. The Total Base Rent shall be deemed Additional Rent. Base Rent and Additional Rent are herein collectively referred to as the "Rent". Any Rent not paid by Tenant on or before the fifth day following the due date thereof shall thereafter be payable in installments each in the amount with a late charge equal to 10 % of the basic rental payment unpaid installment, payable as Additional Rent. On or before the Commencement Date, Tenant will deliver to Landlord a five (5) year Warrant Agreement (Exhibit G) with rights to purchase 200,000 shares of Tenant's common stock at an exercise price per-share of Three Dollars and no cents ($3.00). The number of shares of Warrant Stock to be issued and the Warrant Price are subject to adjustments in certain events as set forth in Exhibit A on the Warrant Agreement. Notwithstanding anything to the Supplement plus any applicable sales and use tax thereon. Except as provided contrary contained in Section 5this Lease, the obligation all payments of Lessee to make rent payments or any other payments required hereunder non-recurring Additional Rent shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution paid by Tenant within thirty (30) days after receipt of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedinvoice.

Appears in 1 contract

Samples: Gross Lease (Startech Environmental Corp)

Rent. Lessee shall A. Tenant covenants and agrees to pay as rent for to Landlord during the Lease Term, without any setoff or deduction whatsoever, the full term amount of this Lease the amount shown in the Supplement as Total Rentall Base Rental payments, and a portion of each rent payment is paid asany adjustments thereof, and represents due in accordance with the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment schedule set forth in Exhibit A B-1 hereof (the "Base Rental"), the full amount of all payments of Additional Base Rental due in accordance with Exhibit B-2 hereof (the "Additional Base Rental") and all such other sums of money as shall become due under this Lease (including, without limitation, any 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 Base Rental and Additional Bass Rental for each calendar year or portion thereof during the Lease Term, shall be due and payable in advance in equal monthly installments on the first day of each calendar month during the Lease Term and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rental and Additional Base Rental to Landlord without demand, provided that the Supplement plus installment of Base Rental for the first full calendar month of the Lease Term shall be payable upon the execution of this Lease by Tenant. If the Lease Term commences on a day other than the first day of a month or terminates on a day other than the last day of a month, then the installments of Base Rental and Additional Base Rental for such month or months shall be prorated, based on the number of days in such month. All such payments shall be by a good and sufficient check. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct amount of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall any applicable sales endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and use tax thereonsatisfaction, and Landlord may accept such check or payment without prejudice to 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 date of such payment shall not be construed to be a waiver of Landlord's right to declare a default for any other late payment. Except as otherwise specifically provided in Section 5herein, the obligation of Lessee Tenant's covenant to make rent payments or any other payments required hereunder pay Rent shall be absolute and unconditional independent of every other covenant set forth in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.

Appears in 1 contract

Samples: Office Lease Agreement (Phoenix International Life Sciences Inc)

Rent. Lessee shall 4.1 Tenant hereby agrees to pay as rent for Landlord the full term Base Rent in accordance with the terms of this Lease Lease. For purposes of Rent adjustment under the amount shown Lease, the number of months is measured from the first day of the calendar month in which the Supplement as Total Commencement Date falls. Each monthly installment (the “Monthly Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent ”) shall be payable by check or by money order on or before the first day of each calendar month. In addition to the Base Rent, Tenant also agrees to pay Tenant’s Share of Operating Expenses and Taxes (each as hereinafter defined), and any and all other sums of money as shall become due and payable by Tenant as set forth in installments each this Lease, all of which shall constitute additional rent under this Lease (the “Additional Rent”). Landlord expressly reserves the right to apply any payment received to Base Rent or any other items of Rent that are not paid by Tenant. The Base Rent, the Monthly Rent and the Additional Rent are sometimes hereinafter collectively called “Rent” and shall be paid when due in the amount lawful money of the basic United States without demand, deduction, abatement (except as otherwise expressly provided in this Lease), or offset to the addresses for the rental payment set forth in Exhibit A the Basic Lease Information, or as Landlord may designate from time to time. Notwithstanding anything to the Supplement plus any applicable sales and use tax thereon. Except as provided contrary contained in Section 5this Lease, the obligation of Lessee to make rent payments Tenant may pay Base Rent or any other Rent payments to Landlord required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent by Federal Reserve Automated Clearing House (ACH) deposit to an account as directed by Landlord by written notice to Tenant from time to time; provided that Landlord agrees to accept payment or other payment pending final resolution of by Federal Reserve Automated Clearing House (ACH) deposit only so long as such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lesseesystem is available for Landlord’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approveduse.

Appears in 1 contract

Samples: Lease Agreement (Talis Biomedical Corp)

Rent. Lessee Collected rent under the 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 as to Seller any rent for actually collected which is applicable to the full term of this Lease period preceding the amount shown in Closing Date, provided, however, that all rent collected by Buyer shall be applied first to all unpaid rent accruing after the Supplement as Total RentClosing Date, and a portion of each then to unpaid rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached accruing prior to the Supplement sets forth the interest component of each rent payment during the termClosing Date. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term Buyer shall not be abated through accident or unforeseen circumstancesobligated to take any steps to recover any rent arrearages. However, nothing herein Seller shall be construed permitted to release Lessor 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 ("Additional Rent") and any Additional Rent is collected by Buyer or Seller which is attributable in whole or in part to any period during which the respective party did not own the Property, such party shall promptly pay to the other party the other party's proportionate share thereof, less a proportionate share of any reasonable attorney's fees, costs and expenses of collection thereof. All Additional Rent collected by Buyer shall be applied first to unpaid Additional Rent accruing after the Closing Date, and 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 the underlying fiscal period Buyer shall reconcile actual expenses with tenants' estimated payments of Additional Rent and any net debit or credit to the landlord resulting from such reconciliation shall be apportioned between Buyer and Seller. Any sums received from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term tenant on account of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion termination of the budget is not approvedUnited States Postal Service lease shall be paid to Seller.

Appears in 1 contract

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

Rent. Lessee All obligations of Tenant to make payments to Landlord under this Lease shall constitute Rent. Tenant shall pay the Rent at the times and in the manner hereinafter set forth. Subject to the rent abatement set forth in the immediately following paragraph, Tenant shall pay the Gross Rent, consisting of Net Rent and Tenant’s Proportionate Share of Estimated Operating Cost and Estimated Impositions (each as rent defined in Section 10.01), in twelve (12) equal installments on the first day of each calendar month during each year of the Term and any extensions thereof. (The calculation of Tenant’s Proportionate Share under Section 10.01 shall be made using the same measurement methodology for the full term Net Rentable Area of this Lease the amount shown entire Office Section as was used for determining the Net Rentable Area of Leased Premises set forth in the Supplement as Total RentBasic Lease Information Sheet.) Such payments shall be made in lawful money of the United States, in advance without demand, and (except as expressly provided herein) without any reduction, abatement, counterclaim or set off, at the address for Landlord specified on the Basic Lease Information sheet or at such other address as may be designated by Landlord from time to time by written notice provided in accordance with Section 8.06 below. Notwithstanding the foregoing, (i) Gross Rent in respect of the Existing Subleased Premises shall be abated for the period commencing on the Term Commencement Date through the date immediately preceding the Rent Commencement Date set forth in the Basic Lease Information Section, (ii) Gross Rent in respect of the Additional Premises shall be abated for the period commencing on the Delivery Date for the Additional Premises through the date immediately preceding the Rent Commencement Date set forth in the Basic Lease Information (subject to the last sentence of Section 2.01(b) in respect of a delayed delivery of the Additional Premises), and (iii) Gross Rent in respect of the Expansion Premises shall be abated for the period commencing on the Delivery Date for the Expansion Premises through the date immediately preceding the Rent Commencement Date set forth in the Basic Lease Information (subject to the last sentence of Section 2.01(c) in respect of a delayed delivery of the Expansion Premises); provided, however, that, in the event of an Event of Default, Tenant shall pay to Landlord a fractional portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of such abated Gross Rent, in the basic rental payment set forth in Exhibit A ratio that (x) the number of full or partial months from the date of default through the originally scheduled Term Expiration Date (without regard to the Supplement plus any applicable sales extension under Section 9.01 and use tax thereonnot to exceed eighty four months) bears to (y) eighty four (84) months. Except Payment of Additional Rent (as provided defined in Section 510.01), if any, shall commence on the Term Commencement Date for the Subleased Premises and on the applicable Delivery Date for the Additional Premises and (if applicable) the Expansion Premises. If such rent abatement period expires on a day that is not the last day of a calendar month, the obligation Gross Rent due for the portion of Lessee to make such month following such expiration of the rent payments or any other payments required hereunder abatement period shall be absolute prorated on a per diem basis and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution paid on the first day of such dispute nor shall Lessee assert any right month. If the Term terminates on other than the last day of set-off or counterclaim against its obligation to make a calendar month, then Gross Rent provided for such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein partial month shall be construed to release Lessor from the performance equitably prorated on such date of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedtermination.

Appears in 1 contract

Samples: NewStar Financial, Inc.

Rent. Lessee Tenant shall pay to Landlord (or to Lender, if directed by Landlord), as minimum annual rent for the full term of this Lease Leased Premises during the amount shown Term, the Basic Rent in arrears, on the Supplement as Total RentBasic Rent Payment Dates, and a portion of each rent payment is paid asshall pay the same 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 represents including the payment of interestCommencement Date through and including June 30, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent 2003 shall be payable in installments each 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 basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales foregoing, Landlord shall have all rights, powers and use tax thereon. Except as remedies provided in Section 5herein, the obligation of Lessee to make rent payments by law or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other personotherwise, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals 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 portion account in such bank as Landlord (or Lender, if so directed by Landlord) shall designate, from time to time. If any installment of the budget Basic Rent is not approvedpaid 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, income tax filings) in a manner consistent with "true lease" treatment rather than "financing" treatment.

Appears in 1 contract

Samples: Lease (Performance Food Group Co)

Rent. Lessee Concessionaire shall pay pay, without offset, deduction, prior notice, or demand, as rent for "Minimum Annual Rent” the full term sum of this Lease 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 amount shown in first day of every fifth contract year thereafter, the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Minimum Annual Rent shall be payable adjusted to reflect changes in installments 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 basic rental late payment set forth in Exhibit A to or portion thereof. The parties agree that the Supplement plus any applicable sales late charge represents a fair and use tax thereonreasonable estimate of the costs State will incur because of late payment. Except as provided in Section 5, Acceptance of the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and late charge by State shall not withhold any rent payment or constitute a waiver of Concessionaire's default for the overdue amount, nor prevent State from exercising the other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required rights and remedies granted under this Leasecontract. Lessee’s obligation Concessionaire shall pay the late charge as additional rent with the next monthly rent payment. [Initials of concessionaire(s)] Any amount due to make rent payments or other payments during State, if not paid within five (5) days following the Lease term 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 abated through accident 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 unforeseen circumstancescure any default by Concessionaire. HoweverUpon written request by the Concessionaire to State demonstrating unusual or extenuating circumstances causing the late payment, nothing herein shall be construed to release Lessor from the performance of State, in its obligations hereunder; and if Lessor should fail to perform any such obligationsole discretion, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel waive the performance of such obligation or to recover damages thereforlate charge. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals 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 portion period of reduced or non- operation, as determined in the 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 budget is not approvedbreach 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 deemed to be the greater of: (a) the Minimum Rent 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 of the contract term, in which event the previous twelve (12) or fewer, if applicable), months shall be used as the basis of this average.

Appears in 1 contract

Samples: www.parks.ca.gov

Rent. Lessee shall pay as rent Rent for the full term month of this Lease Closing and any month after Closing collected by Seller prior to Closing shall be apportioned as of the amount shown Closing Date. If any tenant is in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents arrears in the payment of interestrent on the Closing Date, and Exhibit “A” attached rents received from such tenant after the Closing shall be applied in the following order of priority: (a) first, to the Supplement sets forth payment of current rent then due; (b) second, to delinquent rent for any period after the interest component of each Closing Date; and (c) third, to delinquent rent payment during for any period prior to the termClosing Date. The Total Rent Such delinquent rent shall be payable paid to Seller within thirty (30) days of receipt by Purchaser. Purchaser does not guarantee or undertake any obligation to sue or take other action for xxllection of arrearages in installments each in the amount rents due from tenants as of the basic rental payment set forth in Exhibit A Closing Date; provided, however, Seller shall have the right to pursue and collect such delinquent rents by any remedies available to it at law or equity. If rents or any portion thereof received by Seller or Purchaser after the Closing Date are payable to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5other party by reason of this allocation, the obligation appropriate sum, less a proportionate share of Lessee to make rent payments or any other payments required hereunder reasonable attorneys' fees, costs and expenses of collection thereof, if any, shall be absolute and unconditional in all eventspromptly paid to the other party, which obligation shall survive the Closing. Notwithstanding If any dispute between Lessee and Lessor or any other persontenants are required to pay percentage rents, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment escalation charges for real estate taxes, operating expenses, cost-of-living adjustments or other payment pending final resolution charges of a similar nature ("Additional Rents") and any Additional Rents are collected by Purchaser after the Closing which are attributable in whole or in part to any period prior to the Closing, then Purchaser shall promptly pay to Seller Seller's proportionate share thereof, provided that, Purchaser has been paid current rent, less a proportionate share of any reasonable attorneys' fees, costs and expenses of collection thereof, if any, if and when the tenant paying the same has made such dispute nor payments of Additional Rent then due to Purchaser pursuant to the tenant's Lease, which obligation shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during survive the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedClosing.

Appears in 1 contract

Samples: Real Estate Purchase Agreement (Cv Reit Inc)

Rent. Lessee Concessionaire shall pay pay, without offset, deduction, prior notice, or demand, as rent for "Minimum Annual Rent” the full term sum of this Lease GuaranteedRent plus the amount shown in following percentage(s) of gross receipts: Minimum Percent Bid of Annual Gross Receipts Beginning with Contract Year Six (6) and on the Supplement as Total Rent, and a portion first day of each rent payment is paid asfifth Contract Year thereafter, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Minimum Annual Rent shall be payable adjusted to reflect changes in installments 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 in Section 54, Contract Notice, 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 basic rental late payment set forth in Exhibit A to or portion thereof. The parties agree that the Supplement plus any applicable sales late charge represents a fair and use tax thereonreasonable estimate of the costs State will incur because of late payment. Except as provided in Section 5, Acceptance of the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and late charge by State shall not withhold any rent payment or constitute a waiver of Concessionaire's default for the overdue amount, nor prevent State from exercising the other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required rights and remedies granted under this LeaseContract. Lessee’s obligation Concessionaire shall pay the late charge as additional rent with the next monthly rent payment. Any amount due to make rent payments or other payments during State, if not paid within five (5) days following the Lease term 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 abated through accident payable on late charges incurred by Concessionaire. Payment of interest shall not excuse or unforeseen circumstancescure any default by Concessionaire. HoweverUpon written request by the Concessionaire to State demonstrating unusual or extenuating circumstances causing the late payment, nothing herein shall be construed to release Lessor from the performance of State, in its obligations hereunder; and if Lessor should fail to perform any such obligationsole discretion, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel waive the performance of such obligation or to recover damages thereforlate charge. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals 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 portion period of reduced or non- operation, as determined in the 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 budget is not approvedbreach 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 deemed to be the greater of: (a) the Minimum Rent provided herein, or (b) 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 of the Contract term, in which event the previous twelve (12) (or fewer, if applicable) months shall be used as the basis of this average.

Appears in 1 contract

Samples: northcoastvolleyball.org

Rent. Lessee On the date that Tenant executes this Lease, Tenant shall pay as rent deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the full term 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 Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the amount shown Base Rent specified in the Supplement as Total RentBasic Lease Information, payable in advance at Landlord's address specified in the Basic Lease Information on the Commencement Date and a portion thereafter on the first (1st) day of each rent payment is paid as, and represents month throughout the payment balance of interest, and Exhibit “A” attached the Term of the Lease. In addition to the Supplement sets forth the interest component of each rent payment during the term. The Total Base Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A 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 Supplement plus any applicable sales and use tax thereonaggregate of all these amounts. Except as provided in Section 5If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the obligation waiver of Lessee the requirement to make rent 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 any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution termination of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstancesa prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. However, nothing herein The prorated Rent shall be construed to release Lessor from paid on the performance of its obligations hereunder; Commencement Date and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term first day of the Lease and hereby covenants that calendar month in which the officer date of Lessee responsible for budget preparation shall request termination occurs, as the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedcase may be.

Appears in 1 contract

Samples: Lease Agreement (Ditech Corp)

Rent. Lessee During the Term, Tenant shall pay Landlord, in monthly installments of 1/12th, annual Base Rent and Estimated Expenses, without notice, demand, abatement, offset or deduction except as rent for otherwise expressly provided herein, in advance, on the full term first day of each calendar month, in accordance with the terms of this Lease. All other items of Rent shall be due and payable by Tenant on or before 30 days after billing by Landlord. All Rent shall be made by Tenant payable to the 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. Base Rent, Real Property Taxes and Operating Expenses shall be appropriately prorated on a per diem basis for any partial month during the Term. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations, except as otherwise expressly provided herein. If this Lease or Tenant’s right to possess the Premises is terminated on account of a monetary Event of Default by Tenant or material non-monetary Event of Default by Tenant, then (in addition to all other rights and remedies available to Landlord) Landlord shall be entitled to recover from Tenant that amount shown that is equal to the product of the sum of all abated Base Rent, Real Property Taxes and Operating Expenses multiplied by a fraction, the numerator of which is the difference between 162 and the number of months in the Supplement as Total Term that Tenant has paid monthly installments of Base Rent, Real Property Taxes and a portion Operating Expenses, in full, to Landlord and the denominator of each rent payment which is paid as162; provided, however, to the extent Landlord otherwise recovers Rent hereunder it shall not recover any such amount. Landlord’s management fee shall not be reduced on account of any abatement in Base Rent, Real Property Taxes and Operating Expenses, and represents any such abatement shall be disregarded for purposes of calculating any management fee based on a percentage of rental revenues. If Tenant is delinquent in the payment of interestany Rent for more than 5 days, and Exhibit “A” attached then Tenant shall pay to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A Landlord on demand a late charge equal to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution 3% of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make delinquent sum (provided that such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term charge shall not be abated through accident or unforeseen circumstances. Howeverdue with respect to the first three late payments in any 12 consecutive month period, nothing herein unless Landlord fails to receive such late payment within 5 days after Tenant’s receipt of written notice from Landlord that such payment has not been received) and such delinquent sum shall be construed to release Lessor also bear interest from the performance of date such amount was due until paid in full at the Applicable Interest Rate. Tenant shall pay Landlord on demand for any cost incurred by Landlord and charged by its obligations hereunder; and if Lessor should fail to perform bank in connection with any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget check presented by Tenant which is not approvedpaid by the bank due to insufficient funds.

Appears in 1 contract

Samples: Attornment and Non Disturbance Agreement (Prelude Therapeutics Inc)

Rent. Lessee Tenant shall pay as rent each monthly installment of Base Rent in advance on the first calendar day of each month. Monthly installments for any fractional calendar month shall be prorated based on the full term number of this Lease the amount shown days in the Supplement as Total such month. Base Rent, together with all other amounts payable by Tenant to Landlord under this Lease, including, without limitation, any late charges and a portion of each rent payment is interest due Landlord for Rent not paid aswhen due, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A sometimes referred to the Supplement plus any applicable sales and use tax thereon. Except collectively as provided in Section 5“Rent.” Tenant shall pay all Rent, the obligation of Lessee to make rent payments without deduction or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation except to make such rent payments or other payments required under the extent Landlord owes Tenant money whether for reimbursement pursuant to this Lease, or under the terms of this Lease, to Landlord or Managing Agent at a place specified by Land­lord. LesseeRent not paid when due shall bear interest until paid, at the rate of at four (4) points above the “Prime Rate” of interest as published from time to time in the Wall Street Journal, or at the maximum rate allowed by law, whichever is less, from the date when due. Tenant shall also pay a processing charge of Fifty Dollars ($50.00) with each late payment of Rent. Notwithstanding the above, but only with respect to the first late payment by Tenant in each Lease Year, interest shall not begin to accrue until the fifth day after the payment’s obligation to make rent payments or other payments during due date, and the Lease term processing charge shall not be payable unless the payment is more than five (5) days late. The total amount of Base Rent abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term Rent Abatement Period is collectively referred to as the “Abated Rent.” If, because of an uncured Event of Default by Tenant, Landlord terminates this Lease or, without terminating this Lease, terminates Tenant’s right to possession of the Lease Premises, then, in addition to all other rights and hereby covenants that remedies available to Landlord, an amount equal to the officer of Lessee responsible for budget preparation total Abated Rent shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee immediately become due and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedpayable.

Appears in 1 contract

Samples: Lease (Ultimate Software Group Inc)

Rent. Lessee shall pay as rent for the full term In consideration of this Lease lease, Tenant promises and agrees to pay Landlord the amount shown basic rental (as defined in paragraph 1(a) hereof) without deduction or set off, for each month of the Supplement entire lease term. One such monthly installment together with the security deposit (as Total Rentdefined in paragraph 1(f) hereof) shall be payable by Tenant to Landlord contemporaneously with the execution hereof, and a portion like monthly installment shall be due and payable without demand on or before the first day of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment succeeding calendar month during the termterm hereof. Rent for any fractional month at the beginning or end of the lease term shall be prorated. The Total Rent security deposit shall be payable in installments each in held by Landlord without liability for interest and as security for the amount performance by Tenant of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales Tenant's covenants and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required obligations under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term lease, it being expressly understood that such deposit shall not be abated through accident considered an advance payment of rental or unforeseen circumstancesa measure of Landlord's damages in case of default by Tenant. HoweverUpon the occurrence of any event of default by Tenant, nothing herein Landlord may, from time to time, without prejudice to any such remedy, use such deposit to the extent necessary to make good any arrearages of rent and any other 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 construed returned by Landlord to release Lessor from Tenant upon termination of this lease. If Landlord transfers its interest in the performance of its obligations hereunder; premises during the lease term, Landlord may assign the security deposit to the transferee and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel thereafter shall have no further liability for the performance return of such obligation security deposit. If the monthly rental installment is not received by the Landlord on or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during before the term 10th day of the Lease and hereby covenants that the officer month for which said monthly rental installment is due, a service charge of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion 10% of the budget monthly rental installment owed shall become due and payable in addition to the monthly rental installment owed. Said service charge is not approvedfor the purpose of reimbursing Landlord for the extra costs and expenses incurred in connection with the handling and processing of late monthly rental.

Appears in 1 contract

Samples: Lease Agreement (Omega Research Inc)

Rent. Lessee shall pay as rent for the full term of this Lease the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments All collected rents and other payments required hereunder when due from tenants under the Leases shall be prorated between Seller and Purchaser as of the day prior to the Closing Date. 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 withhold including the Closing Date. Purchaser shall be entitled to all rents (including any percentage rent, additional rent payment 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 payment pending final resolution reimbursements due landlord under the Leases prior to the Closing Date but not yet collected as of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term Closing Date shall not be abated through accident prorated at the time of Closing, but Purchaser shall make a good faith effort to collect the 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 unforeseen circumstancesafter the Closing Date shall first be applied to all amounts due under the Leases at the time of collection (i.e., 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. HoweverPurchaser 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 Property; provided, nothing herein however, that (i) Seller may not commence any legal proceedings after the first anniversary of the Closing Date, and (ii) Seller shall not be construed permitted to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform commence or pursue any such obligation, Lessee may institute such legal action proceedings against Lessor as Lessee may deem necessary to compel the performance any tenant seeking eviction of such obligation tenant or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term termination of the Lease underlying lease. Seller's rights under the immediately preceding sentence shall survive the Closing and hereby covenants that not be merged therein. Purchaser shall receive a credit against the officer of Lessee responsible Purchase Price for budget preparation shall request pre-paid rentals held by Seller covering the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedperiod post-Closing.

Appears in 1 contract

Samples: Glimcher Realty Trust

Rent. Lessee Tenant shall pay as rent to Landlord, by check to be received at the business address of Landlord designated herein, on or before the first day of each month during the Term of this Lease, the following Base Rent: $5,833.00 per month for the full two-year initial term of this Lease the Lease, which amount shown shall be adjusted effective as of the first day of any renewal term in the Supplement manner provided in Paragraph VI below. In addition thereto, as Total an integral portion of the rent and as more particularly set forth as a covenant herein, Tenant shall pay Additional Rent, consisting of all insurances required herein, all taxes that may be assessed upon the Premises as provided herein, and the cost of all maintenance on the Premises as provided herein. Base Rent and Additional Rent, along with all other sums that become payable by Tenant to Landlord under this Lease, whether paid to Landlord directly, or paid to a third party for the benefit of Landlord and the Premises, are referred to herein as "Rent." Tenant shall pay all Rent promptly when due without notice or demand therefor and without any abatement, deduction or off set, for any reason whatsoever, except as may be expressly provided in this Lease. If the Tenant's obligation to pay Base Rent 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 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 any partial month at the beginning of the Term, and 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 each rent the Rent due from Tenant within five (5) business days after notice to Tenant that such payment is paid asoverdue, 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 on demand, (b) constitutes liquidated damages for each delinquent payment under applicable law, and represents (c) the payment of interestlate 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 Exhibit “A” attached to the Supplement sets forth the interest component processing delinquent payments. By their execution of each rent payment during the term. The Total Rent shall be payable in installments each in the amount this Lease, Landlord and Tenant confirm that such late charge represents a fair and reasonable estimate of the basic rental payment set forth costs that Landlord will incur by reason of any such late payment, that the late charge is in Exhibit A addition to any and all remedies available to Landlord and that the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, assessment and/or collection of the obligation late charge shall not be deemed a waiver by Landlord of Lessee such failure or to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required default under this Lease. Lessee’s obligation to make rent payments or other payments during Additionally, all such delinquent Rent, plus any late charge, shall bear interest at the Lease term shall not be abated through accident or unforeseen circumstances. Howeverrate of fourteen percent (14%) per annum, nothing herein shall be construed to release Lessor or, if lower, the maximum interest rate permitted by law (as applicable, the "Default Rate"), from the performance date due until paid. If any payment of its obligations hereunder; and if Lessor should fail Rent is returned for insufficient funds, Landlord may require Tenant to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make pay all rent future payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedby cashier's check.

Appears in 1 contract

Samples: Pyramid Breweries Inc

Rent. Lessee shall pay as All rent and other amounts paid by the tenants under the Leases (collectively, “Rent”), for the full term month of this Lease Closing shall be prorated as of the amount shown Closing Date based on the respective number of days of ownership of Seller and Buyer 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 Supplement as Total Rentfollowing order of priority: (a) first, to Buyer for Rent then due and payable by such tenant under its Lease which accrues on or after the Closing Date, (b) next, on a prorated basis to Buyer and Seller for Rent due and payable by such tenant under its Lease which accrues in the month in which the Closing Date occurs, and a portion (c) then, after payment in full of each rent payment is paid asall such amounts then due and payable to Buyer from such tenant, and represents the payment of interest, and Exhibit “A” attached to Seller to the Supplement sets forth 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 interest component of each rent payment right during the terminitial six (6) month period immediately following the Closing Date, to attempt to effect collection by litigation or otherwise so long as Seller does not take any action to terminate the tenant's lease or right to possession. The Total Buyer shall cooperate with Seller in its efforts to collect Past Due Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term but shall not be abated through accident required to incur any cost with respect to such cooperation or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform take any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary any tenant to compel terminate the performance of such obligation tenant's lease or right to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedpossession.

Appears in 1 contract

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

Rent. Lessee 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 as rent for Landlord in advance on the full term Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease the amount shown in the Supplement Lease, as Total Additional Rent, and a portion Tenant's Share of each rent payment is paid asOperating Expenses, Tax Expenses, Common Area Utility Costs, and represents the payment of interest, and Exhibit “A” attached Utility Expenses. The term "Rent" whenever used herein refers to the Supplement sets forth aggregate of all these amounts. If Landlord permits Tenant to occupy the interest component Premises without requiring Tenant to pay rental payments for a period of each rent payment during time, the termwaiver of the requirement to pay rental payments shall only apply to the waiver of the Base Rent. The Total 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 payable in installments each in paid on the amount Commencement Date, and any prorated Rent for the final calendar month hereof shall be paid on the first day of the basic rental payment set forth calendar month in Exhibit A to which the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation date of Lessee to make rent payments expiration or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedtermination occurs.

Appears in 1 contract

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

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Rent. Lessee Tenant shall pay as rent for the full term consisting of this Lease the amount shown in the Supplement as Total (i) Base Rent, and a portion of each rent payment is paid as, (ii) all other sums that become payable by Tenant under this Lease (“Additional Rent”). Base Rent and represents the payment of interest, and Exhibit Additional Rent are referred to herein as ARent.attached to the Supplement sets forth the interest component of each rent payment during the term. The Total All Rent shall be payable paid in installments advance on the first day of each month unless otherwise provided herein. Tenant shall pay to Landlord, with all Rent, any rent, transaction, privilege or other tax now or hereafter imposed on any Rent. All Rent shall be paid in the amount lawful money of the basic rental payment set forth in Exhibit A United States to the Supplement plus Landlord, at such place as Landlord shall designate by written notice to Tenant from time to time. Tenant shall pay all Rent promptly when due without notice or demand therefor and without any applicable sales and use tax thereon. Except abatement, deduction or off set, for any reason whatsoever, except as may be expressly provided in Section this Lease. Base Rent for any partial month shall be prorated. 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, and Base Rent for any partial month at the beginning of the Term shall be due on the Commencement Date. If Landlord does not receive any Rent within five (5) days of when due, Tenant shall pay to Landlord an additional sum equal to ten percent (10%) of the obligation overdue amount. Such late charge represents a fair and reasonable estimate of Lessee the costs that Landlord will incur by reason of any such late payment. The late charge is in addition to make rent payments any and all remedies available to Landlord and the assessment and/or collection of the late charge shall not be deemed a waiver by Landlord of such failure or of any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required default under this Lease. Lessee’s obligation to make rent payments or other payments during Additionally, all such delinquent Rent, plus any late charge, shall bear interest at the Lease term shall not be abated through accident or unforeseen circumstances. Howeverrate of nine percent (9%) per annum, nothing herein shall be construed to release Lessor or, if lower, the maximum interest rate permitted by law (as applicable, the “Default Rate”), from the performance of its obligations hereunder; date due until paid. If any payment by Tenant is returned due to insufficient funds, Tenant shall pay all related charges and will, if Lessor should fail to perform any such obligationrequired by Landlord, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent future payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedby cashier’s check.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Rent. Lessee Tenant shall pay to Landlord as rent the Base Rent for the full term of this Lease Premises the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A Section 1(i), subject to the Supplement plus any applicable sales and use tax thereonadjustment as hereinafter provided. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing Nothing contained herein shall be construed at any time so as to release Lessor reduce the Base Rent payable hereunder below the amount set forth above. Base Rent shall be adjusted in accordance with the following provisions (any such 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 performance start of an Operating Period, then Tenant shall continue to pay the monthly amount of its obligations hereunder; Additional Rent due for the prior Operating Period and if Lessor should fail on the next monthly Additional Rent payment date after Tenant receives Landlord’s statement, Tenant shall also pay any excess amounts allocable to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages thereforprior months in that Operating Period. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term As of the Lease and hereby covenants Effective Date of this Lease, Landlord's estimate is that the officer amount that will be due as Additional Rent hereunder for the year in which the Commencement Date occurs will be $12.41 per RSF of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during Rentable Area of Premises per year. Until further written notice is forwarded from Landlord to Tenant in accordance with the term provisions of this Lease from Lease, Tenant shall remit 1/12th of this amount to Landlord monthly as Additional Rent, to be paid at the governing body of Lessee same time and exhaust all available administrative reviews and appeals in the event such portion same manner as Tenant’s monthly payments of the budget is not approvedBase Rent.

Appears in 1 contract

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

Rent. Lessee shall (a) Tenant covenants to pay to Landlord, as rent for the full term 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 Commencement Date and on the first day of each calendar month thereafter during the Term (herein called the “Basic Rent Payment Dates”), by wire or other electronic transfer of immediately available funds to the Landlord at the address set forth above and/or to such other person or such other place or account as Landlord 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 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 amount shown 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 Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent previous sentence shall be payable in installments each in the amount construed or operate as a waiver of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation Landlord’s right of Lessee to make rent payments re-entry or any other payments required hereunder right of Landlord resulting from such holding over. Subject to the second sentence of subparagraph 7(a), Tenant shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder pay when due all taxes payable on Basic Rent and shall not withhold any Additional Rent (as defined below), whether imposed on Landlord or Tenant, including without limitation, all gross rent payment or other payment pending final resolution taxes and sales taxes on such Basic Rent and Additional Rent, but calculated as if the Basic Rent and the Additional Rent were the sole income of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedLandlord.

Appears in 1 contract

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

Rent. Lessee Basic rents and payments or reimbursements for taxes, utilities and operating expenses and all other charges or reimbursables as and when collected under the Leases including without limitation charges for any special services provided to any Tenant, overtime HVAC or special cleaning (collectively, the "Rents") shall pay as rent 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 period after the Closing, third, after Rents for all current periods have been satisfied in full term in payment of this Lease Rents in arrears for the periods prior to the payment period in which the Closing occurs. At Closing, Seller shall assign to Purchaser all 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 Seller at Closing of all amounts known to Seller as due and payable by any Tenant for the period prior to Closing but uncollected as of Closing, whether or not past due) or thereafter there are Rents owed by Tenants to Seller, then Purchaser will make commercially reasonable efforts, without suit, to collect the 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 shown in the Supplement as Total Rentthereof, and a portion of each rent payment if any, to which Seller is paid as, and represents the payment of interest, and Exhibit “A” attached entitled pursuant to the Supplement sets forth terms hereof within 15 days after receipt thereof. All prepaid Rents and charges for the interest component of each rent payment during period following the term. The Total Rent Closing shall be payable in installments each in paid over (or credited) by Seller to Purchaser at Closing. After the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5Closing, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term Seller shall not be abated through accident entitled to collect or unforeseen circumstances. Howeverattempt to collect Rents from Tenants due and owing to Seller, nothing herein shall be construed except those whose Lease or right to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of possession under the Lease has been terminated and hereby covenants that in connection with which the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedTenant has either vacated its premises or summary proceedings have been instituted.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Cna Financial Corp)

Rent. Lessee (a) Tenant shall pay to Landlord (or to Lender, if directed by Landlord), as minimum annual rent for the full term of this Lease the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment Leased Premises during the term. The Total Rent shall be payable in installments each in Term, the amount of the basic rental payment amounts set forth in Exhibit A “B” attached hereto (“Basic Rent”), payable in advance commencing on the 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 which case commencing on the Commencement Date) continuing on the first day of each calendar month thereafter during the Term (the said days being called the “Basic Rent Payment Dates”), and shall pay the same at Landlord’s address set forth below, or at such other place as Landlord from time to time may designate to Tenant in writing, in funds which at the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation time of Lessee to make rent payments or any other payments required hereunder such payment shall be absolute legal tender for the payment of public or private debts in the United States of America and unconditional if required by Lender or Landlord by wire transfer in all eventsimmediately available federal funds to such account in such bank as Lender or Landlord shall designate, from time to time. Notwithstanding any dispute between Lessee Upon request by Landlord, Tenant shall establish arrangements whereby payments of the Basic Rent and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment Additional Rent are transferred by Automated Clearing House Debit from an account established by Tenant at a United States bank or other payment pending final resolution of financial institution to such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Leaseaccount as Landlord may designate. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein Basic Rent shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term adjusted on certain anniversaries of the Lease Year Commencement Date, as set forth on Exhibit “B”. If the Commencement Date shall occur on a date other than the first day of a calendar month, then, Basic Rent for the period from and hereby covenants that including the officer of Lessee responsible for budget preparation shall request Commencement Date through and including the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion last day of the budget is not approvedmonth in which the Commencement Date occurs shall be paid, in advance, on the date hereof, in an amount prorated by (i) dividing the monthly installment of Basic Rent due for the month in which the Commencement Date occurs by the number of days in such month, and (ii) multiplying such sum by the numbers of days remaining in such month from and after the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Jo-Ann Stores Inc)

Rent. Lessee Except for Delinquent Rents (as defined below), all rents payable under the Leases and any other revenues derived from the operation of the Properties (excluding all administrative and tenant application fees which are a deferment of Seller expenses, which shall pay be retained by Seller), including, without limitation, revenues derived from miscellaneous income and collected by Seller (collectively, “Rents”) shall be prorated between Seller and Buyer as rent for of 12:01 a.m. on the full term of this Lease Closing Date. Seller shall be entitled to such Rents attributable to any period up to but not including the amount shown in Closing Date. Buyer shall be entitled to such Rents attributable to any period on and after the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached Closing Date. Any Rents attributable to the Supplement sets forth period prior to the interest component of each rent payment during month in which the term. The Total Rent shall be payable in installments each in the amount Closing occurs that have not been collected as of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term Closing (“Delinquent Rents”) shall not be abated through accident or unforeseen circumstancesprorated at the time of Closing. HoweverPromptly following each of the first three (3) full calendar months after the Closing, nothing herein 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 construed applied first to release Lessor actual out-of-pocket costs of collection incurred by Buyer with respect to such tenant; second, to Rents due from such tenant for the performance 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 its obligations hereunderreceipt, and; and if Lessor should fail finally, to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary Delinquent Rents. Buyer shall use commercially reasonable efforts after the Closing to compel collect all Rents in the performance usual course of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term Buyer’s operation of the Lease and hereby covenants that Properties, but Buyer will not be obligated to institute any legal proceedings, including an action for unlawful detainer, or other collection procedures to collect Delinquent Rents. Seller may not attempt to collect any Delinquent Rents owed to Seller after the officer Closing, including, but not limited to the institution of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedany Suit or collection procedures therefor.

Appears in 1 contract

Samples: Securities Purchase Agreement (Colony Starwood Homes)

Rent. Lessee (a) To the extent that any tenant is entitled to any rebate, concession, deduction or offset under its Lease, such entitlement shall pay be included as a closing adjustment, except that free rent under any Leases shall not be adjusted (but rather shall be incurred by the applicable Property Owner with respect to the period prior to Closing and shall be incurred by BPLP with respect to the period from and after Closing). Further, except as otherwise set forth in this Agreement or on Schedule V attached hereto and as to Leases entered into after the date of this Agreement with the prior written consent (or deemed consent) of Transferee in accordance with Section 4.4 above, to the extent that any tenant is entitled to future tenant improvements work under existing Leases (and without regard to subsequent amendments, extensions or other agreements) to be paid for by the landlord or tenant is entitled to future tenant improvements work to be paid for by the landlord, or tenant improvement allowances to be funded in the future by the landlord under such tenant's Lease, the amount of landlord's liability and the amount of such allowance for such work shall be included as a closing adjustment by reducing the portion of the Assigned Value allocable to the Partnership Interests of the Property Owner which owns the Developed Property which is subject to such Lease. Monthly rent payable by tenants shall be adjusted as of 11:59 p.m. on the day immediately preceding the Closing Date, and any such rent for the full term of this Lease month in which the amount shown in the Supplement as Total Rent, and a portion of each rent payment is Closing occurs) shall be paid as, and represents the payment of interest, and Exhibit “A” attached to Transferee by adjustment to the Supplement sets forth Contribution Price. Estimated adjustments will be made on the interest component Closing Date on a reasonable basis for estimated operating expenses paid by tenants as additional rent. Notwithstanding anything to the contrary contained in Section 5.1 above or in this Section 5.2, it is the intent of each rent payment during the term. The Total Rent Xxxxxx Parties and the Transferee that prorations of all operating expenses with respect to the full year 1998 shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except made as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.follows:

Appears in 1 contract

Samples: Contribution and Conveyance Agreement (Boston Properties Inc)

Rent. Lessee 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 as rent for under the full term terms of this 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 charges (including 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 exact amount shown in the Supplement as Total Rentof which will be difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and a portion late charges which may be imposed on Landlord by the terms of each rent payment is paid asany trust deed covering the Premises. Accordingly, and represents the payment if any installment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when sums due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term from Tenant shall not be abated through accident or unforeseen circumstancesreceived by Landlord when due, Tenant shall pay to Landlord a late charge equal to six percent (6%) of such overdue amount. HoweverThe 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 no event constitute a waiver of Tenant's default with respect to such overdue amount, nothing herein nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, any amount which is not paid when due shall be construed to release Lessor bear interest from the performance date due until the date paid at the rate equal to the Reference Rate announced from time to time by the Bank of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedAmerica plus five percent (5%) ("Interest Rate").

Appears in 1 contract

Samples: Sub Sublease (Computer Literacy Inc)

Rent. Lessee A. Sublessee shall pay as to Sublessor rent for the full term of this Lease ("Fixed Rent") in the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and fisted on Exhibit “A” A attached to the Supplement sets forth the interest component of each rent payment during the termhereto. The Total Fixed Rent shall be payable paid monthly in installments advance on the first day of each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year month during the term of this Sublease. Fixed Rent, the Operating Expense Escalation Charge, as defined in Section 3.3 of the Main Lease, and all other amounts ("Additional Charges") payable by Sublessee to Sublessor under the provisions of this Sublease or the provisions of the Main Lease shall be paid promptly when due, without notice or demand therefor (unless Sublessor receives notice or demand therefor from the governing body landlord under the Main Lease), and without deduction, abatement, counterclaim or set off of Lessee any amount for any reason whatsoever. Fixed Rent and exhaust Additional Charges shall be paid to Sublessor in lawful money of the United States at the address of Sublessor set forth at the beginning of this Sublease, or to such other person and/or at such other address as Sublessor may from time to time designate by .written notice to Sublessee. 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 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 Charges; 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 administrative reviews and appeals to Sublessor. 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 event such portion of the budget is not approvedMain Lease.

Appears in 1 contract

Samples: Lease (Lycos Inc)

Rent. Lessee 1. Tenant shall pay the Base Rent as rent for provided in the full term Basic Lease provisions section of this Lease and as hereinafter provided. Tenant agrees to pay Base Rent (together with additional rent and other charges hereinafter provided) to Owner or such other arty as Owner may designate, in lawful money of the amount shown United States which shall be legal tender in payment of all debts and dues, public and private, at the Supplement as Total Rent, and a portion time of payment in equal monthly installments in advance on the first (1st) day of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment month during the term. The Total Rent shall be payable in installments each in Term at the amount office of the basic rental payment set forth in Exhibit A to the Supplement plus owner or such other place as Owner may designate, without any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim deduction whatsoever except that Tenant shall pay the Payment Due from Tenant on Lease Execution as set forth in the Basic Lease Provisions Section of this 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 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 its obligation the demised premises, or the building of which the same forms a part, for work claimed to make such rent payments have been done for, or other payments required under materials furnished to, Tenant, whether or not done pursuant to this Leasearticle, the same shall be discharged by Tenant within 30 days thereafter, at Tenant’s expense, by payment or filing a bond as permitted by law. LesseeAll 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 obligation 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 make rent payments or other payments during Tenant no later than twenty days prior to the Lease term 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 not be abated through accident or unforeseen circumstancesremoved from the demised premises by Tenant prior to the expiration of the lease, at Tenant’s expense. However, nothing herein ‘Nothing in this article shall be construed to release Lessor 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 performance demised premises or upon removal, of other installations as may be required by Owner, Tenant shall immediately, and at its obligations hereunder; expense, repair and if Lessor should fail restore the demised premises to perform the condition existing prior to any such obligationinstallations, Lessee may institute and repair any damage to the demised premises or the building due to such legal action against Lessor as Lessee may deem necessary removal. All property permitted or required to compel be removed by Tenant at the performance end of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term remaining in the demised premises after Tenant’s removal shall be deemed abandoned and may, at the election of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease Owner, either be retained as Owner’s property or may be removed from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approveddemised premises by Owner, at Tenant’s expense.

Appears in 1 contract

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

Rent. Lessee The rents shall pay as rent for the full term be and consist of a Base Rent (herein called ---- "Base Rent") and Additional Rent (herein called "Additional Rent"). For purposes of this Lease Lease, Base Rent and Additional Rent are referred to collectively as "Rent." Base Rent shall be the amount shown indicated in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the termBasic Lease Information. The Total Base Rent shall be payable in equal monthly installments in advance on the first day of each and every calendar month during the term of this Lease (except to the extent otherwise specifically provided elsewhere in this Lease and except that Tenant shall pay, upon the execution and delivery of this Lease by Xxxxxx, the sum indicated in the amount Basic Lease Information, to be applied against the first installment(s) of the basic rental payment set forth in Exhibit A Base Rent becoming due under this Lease). Additional Rent shall consist of all other sums of money as shall become due from and payable by Tenant to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required Landlord under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein All Rent shall be construed paid in lawful money of the United States of America to release Lessor from Landlord at its office or such other place, as Landlord shall designate by notice to Tenant. Tenant shall pay the performance Base Rent and Additional Rent promptly when due without notice or demand and without any abatement, deduction or offset for any reason whatsoever, except as expressly provided in this Lease. If the Commencement Date occurs on a day other than the first day of its obligations hereunder; and if Lessor should fail to perform 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 such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance specified periods of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments time during the term of the Lease and hereby covenants that ("Rent Free Period(s)"), none of the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year Base Rent specified in this Lease as payable during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in Term shall be allocable to any such Rent Free Period(s). In the event of any default by Tenant, Landlord shall have the right to collect Rent for the Premises from Tenant for all Rent Free Period(s) at the same Base Rent in effect immediately after any such portion of the budget is not approvedRent Free Period(s).

Appears in 1 contract

Samples: Lease Agreement (Colorado Business Bankshares Inc)

Rent. Lessee Tenant shall pay to Landlord the Base Rent, Real Property Taxes (as rent for herein defined) and Operating Expenses (as herein defined), without notice, demand, offset or deduction, in advance, on the full term first day of each calendar month. All Rent and payments required to be paid by Tenant to Landlord shall be made by Tenant payable to the 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 Lease, Tenant shall pay to Landlord the amount shown in third month’s Base Rent (subject to Abated Base Rent), the Supplement as Total RentSecurity Deposit, and the first monthly installment of estimated Operating Expenses. If the Term commences (or ends) on a portion date other than the first (or last) day of each rent payment is paid asa month, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Base Rent shall be prorated on the basis of a thirty (30) day month. All sums other than Base Rent that Tenant is obligated to pay under this Lease shall be deemed to be additional rent due hereunder (“Additional Rent”), whether or not such sums are designated Additional Rent. The term “Rent” means the Base Rent and all Additional Rent payable in installments each in hereunder. The obligation of Tenant to pay Base Rent and other sums to Landlord and the amount obligations of the basic rental payment set forth in Exhibit A Landlord under this Lease are independent obligations. Tenant shall have no right at any time to the Supplement plus xxxxx, reduce, or set-off any applicable sales and use tax thereon. Except rent due hereunder except as may be expressly provided in Section this Lease. If Tenant is delinquent in any monthly installment of Base Rent or Additional Rent 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 obligation date such amount was due until paid in full at the lesser of Lessee to make rent payments (i) fifteen percent (15%); or any other payments required hereunder (ii) at the maximum rate permitted by law (“Applicable Interest Rate”). The provision for such late charge shall be absolute in addition to all of Landlord’s other rights and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor remedies hereunder or any other person, Lessee shall make all rent payments and other payments required hereunder when due at law and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approveda penalty.

Appears in 1 contract

Samples: Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, Inc.)

Rent. Lessee Tenant shall pay to Landlord, as rent Base Rent for the full Premises, the rental set forth in subparagraph D of Paragraph 1 hereof. Rent for the first month of the term hereof shall be prorated based upon the number of this days during said month that the Lease the amount shown Term was in the Supplement as Total Rent, and a portion of each effect. All other rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable on the first day of each calendar month during the term hereof. All such rent shall be paid in installments each advance without notice, abatement, demand, deduction or offset at the office of the Landlord or to such other place as Landlord may designate in writing. It is the understanding of the parties that the Base Rent is to be absolutely “net” to the Landlord and, except as otherwise expressly provided herein, Tenant shall bear all costs and expenses of whatever kind relating to the Premises, the Building and the Premises’ pro rata share, if any, of the expenses of the Building Complex. Notwithstanding the foregoing, Base Rent shall xxxxx for the first three (3) months of the Term (the “Abated Rent”) and if the Commencement Date is other than the first day of a month the Abated Rent shall apply to the Base Rent as prorated for that month and the remaining days of the first month abatement shall be applied to reduce the payment due for the third month of the term so that Tenant has a total of three full months of Abated Rent. The abatement of Base Rent provided herein shall not relieve Tenant from the performance of Tenant’s other obligations under this Lease, including, without limation, the obligation to pay on a timely basis Operating Expenses, as hereinafter defined, and all other additional rent and other obligations under this Lease, which shall become due and payable during the entire Term. In the event of Tenant’s default hereunder, the entire amount of the Abated Rent shall become immediately due and payable and Tenant shall, upon demand of Landlord, immediately pay to Landlord the amount of the basic rental payment set forth in Exhibit A Abated Rent. All amounts payable to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required Landlord under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein including without limitation Base Rent, shall be construed paid by Tenant to release Lessor Landlord at the address shown above, or such other place as Landlord may designate in writing from time to time. In the event Tenant shall fail to pay, when the same is due and payable, any installment of the Base Rent or any additional rent to be paid by Tenant to Landlord under the terms of this Lease, then at Landlord’s election to do so, such unpaid amounts shall bear interest from the performance due date thereof to the date of payment at the rate of two percent (2%) per annum in excess of the prime or base rate set by XX Xxxxxx Chase Bank, or its obligations hereunder; and if Lessor should fail successor, as such rate is increased or decreased, from time to perform time (the “Default Rate”). In any such obligationevent, Lessee may institute such legal action against Lessor as Lessee may deem necessary however, Tenant shall be charged a service charge with respect to compel each monthly installment of rental not received by the performance due date for said installment. Such service charge shall reimburse Landlord for the additional administrative expenses incurred by Landlord in connection with the collection of such obligation or to recover damages thereforlate installment of monthly rental. Lessee reasonably believes that funds can The service charge shall be obtained sufficient to make all rent payments during the term greater of five percent (5%) of the Lease amount over due or unpaid or Fifty and hereby covenants that Dollars ($50.00) for any rental not paid by the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion seventh (7th) day of the budget is not approvedmonth. Any interest and service charge to be paid by Tenant pursuant to the foregoing provisions shall be paid along with the next scheduled installment of Base Rent without any additional notice whatsoever.

Appears in 1 contract

Samples: Lease (Somanetics Corp)

Rent. Lessee shall pay as All base rent ("Rent"), and taxes on rents (if any) for the full term Leases and for the Ground Lease for the month of this Lease Closing shall be prorated as of the Closing Date based on the respective number of days 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 collected by Purchaser from tenants or other occupants shall be first allocated to the Rent 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, Purchaser shall remit such amount shown 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 at Seller's expense, use commercially reasonable efforts to assist Seller in the Supplement as Total its efforts to collect any such delinquent Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term but shall not be abated through accident required to take any action to terminate the tenant's lease or unforeseen circumstances. However, nothing herein shall be construed right to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedpossession.

Appears in 1 contract

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

Rent. Lessee 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 as rent for under the full term terms of this 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 charges (including the Operating Expenses) paid by Tenant, except as expressly prohibited herein. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount shown in the Supplement as Total Rentof which will be difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and a portion late charges, which may be imposed on Landlord by the terms of each rent payment is paid asany trust deed covering the Premises. Accordingly, and represents the payment if any installment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when sums due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term from Tenant shall not be abated through accident received by Landlord when due, Tenant shall pay to Landlord a late charge equal to six percent (6%) of 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 no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, any amount which is not paid when due shall bear interest from the date due until the date paid at the rate ("Interest Rate") which is the lesser of the Wall Street Journal Prime Rate (or unforeseen circumstancessuch other comparable rate reasonably designated by Landlord) plus four percent (4%) per annum or the maximum rate permitted by law. HoweverNotwithstanding the foregoing, nothing herein with respect to the first two (2) failures to pay an amount payable to Landlord when due under this Lease during any twelve (12) month period, no late charge or interest shall be construed assessed until five (5) days after written notice has been delivered by Landlord to release Lessor from Tenant regarding such delinquent payment. After such second notice, no further notices shall be required with respect to interest and late charges during the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance remainder of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedtwelve (12) month period.

Appears in 1 contract

Samples: Cafeteria License Agreement (Pc Tel Inc)

Rent. Lessee shall In consideration of this Lease, Tenant promises and agrees to pay as rent Landlord the Base Rent, without demand, deduction or set off, in advance, on or before the first day of each month of the Lease Term, and all extensions thereof, commencing on the Rent Commencement Date. Base Rent for the full term period from the Rent Commencement Date through March 31, 2007 shall be prorated at a daily rate of this Lease the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term$11,182.80. The Total first such monthly installment of Base Rent shall be payable by Tenant to Landlord contemporaneously with the execution of this Lease, continuing thereafter on or before the first day of each calendar month during the Lease Term, as the same may be extended. In the event any installment of Base Rent is not received within five (5) days after the due date thereof (without in installments each 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 Base Rent, a late payment charge equal to six percent (6%) of the late installment of Base 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 shall be for the purposes of reimbursing Landlord for the additional costs and expenses which Landlord presently expects to incur in connection with the handling and processing of a late installment payment of Base Rent. Tenant and Landlord agree that the damages suffered by Landlord in the event of any such late payments are not capable of being ascertained precisely, and that the foregoing amount constitutes a reasonable and good faith estimate by the parties of the basic rental payment set forth in Exhibit A extent of such damages. Notwithstanding the foregoing, such late charges shall not apply to any Additional Rent which becomes due and owing by Tenant to Landlord pursuant to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation provisions of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation Any Rent which is not paid by the fifth (5th) day after the same is due shall bear interest from and after such fifth (5th) day after the same is due, which interest Tenant hereby agrees to make rent payments pay to Landlord, at the lesser of eighteen percent (18%) per annum or other payments during the Lease term shall not maximum rate of interest permitted by law to be abated through accident charged Tenant for the use or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance forbearance of such obligation or money (the Default Rate”). Notwithstanding anything in this Lease to recover damages therefor. Lessee reasonably believes that funds can the contrary, all amounts payable by Tenant to Landlord as Rent shall constitute rent for the purpose of Section 502(b)(7), as it may be obtained sufficient to make all rent payments during the term amended, of the Lease and hereby covenants that Federal Bankruptcy Code, 11 U.S.C. §§ 101 et seq. (the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved“Bankruptcy Code”).

Appears in 1 contract

Samples: Lease Agreement (FMC Technologies Inc)

Rent. Lessee Tenants shall pay as rent Landlord the Monthly Rent, in advance and each Tenant shall pay their Allocable Portion of the Monthly Rent, on the first day of each 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 full term number of days during such period. In addition, at the end of the Term, 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 Deposit pursuant to section 7(F) of this Lease Agreement. All sums, if unpaid when due, shall bear interest from such date until paid at the amount shown in maximum legal rate of interest allowable on the Supplement as Total Rentdate of this Lease Agreement. Each Tenant agrees and affirms that Landlord is authorized to automatically charge a designated credit card or debit a designated bank account, and a portion of each rent or to process payment is paid aswith any other applicable third party payment processor, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount for their Allocable Portion of the basic rental payment set forth in Exhibit A Monthly Rent (“Recurring Payment”). Each Tenant further agrees to the Supplement plus notify Landlord promptly of any applicable sales and use tax thereonchanges 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. Except as provided in Section 5, the obligation of Lessee Each Tenant further agrees to make rent payments promptly notify Landlord if Xxxxxx’s credit card or debit card expires or is canceled for any other payments required hereunder shall be absolute reason. Each Tenant represents and unconditional in all eventswarrants 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. Notwithstanding any dispute between Lessee Each Tenant acknowledges and Lessor or any other personagrees to provide Landlord with a name, Lessee shall make all rent payments billing address and other payments information necessary to allow Landlord to complete Recurring Payments made using a credit card, a debit card, or a third-party payment platform, or as required hereunder when due by other applicable law and shall not withhold to pay any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert processing charges incurred by Landlord. With respect to any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term Tenant, Landlord shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed entitled to release Lessor from increase the performance Monthly Rent and their Allocable Portion of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments Monthly Rent during the term Term of the Lease and hereby covenants 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 officer of Lessee responsible Monthly Rent for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such any month or portion of a month in which that Tenant has legal occupancy of the budget is not approvedPremises, subject to the exception below, under “Tenant Replacement”.

Appears in 1 contract

Samples: Lease Agreement

Rent. Lessee shall agrees to pay to Lessor, as rent for during the full term Initial Term of this Lease and the amount shown 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 Supplement as Total Rentpreceding sentence, unless and a portion of each rent payment is paid asuntil Lessee defaults beyond any applicable notice and cure periods, and represents the payment of interest, and Exhibit “A” attached with respect to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment any covenant or obligation set forth in Exhibit A to this Lease or in the Supplement plus any applicable sales Business Note (the “Note”), executed on even date herewith by and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other personLessor, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make pay rent payments 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 other payments 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 term shall not be abated through accident or unforeseen circumstances. However, nothing herein 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 construed immediately due and payable. In the event that Lessee defaults with respect to release Lessor from any covenant or obligation set forth in the performance 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 its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel Lessee’s Base Rent that would have been due during the performance Rental Abatement Period but for the abatement of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make Base Rent, plus the total of all rent payments during Base Rent due throughout the term balance of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term Initial Term of this Lease from divided by the governing body number of months remaining in the Initial Term of this Lease. Said increased Base Rent shall be due and payable on the first day of the first month immediately after the end of the Notice Period, during which Lessee’s default was cured, and, thereafter, on 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 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 exhaust all available administrative reviews and appeals in Lessor have not mutually agreed as to the event such portion Prevailing Market Rate by a date that is forty-five (45) days prior to the first day of the budget 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 second renewal term during which Lessee’s Base Rent is not approvedin dispute and subject to the dispute resolution process set forth above, Lessee’s monthly rental obligation shall be Fourteen Thousand Dollars ($14,000.00) subject to adjustment, upward or downward, upon the determination of Lessee’s Base Rent due and owing throughout the second renewal term. Any such adjustment shall be made to the first and, if necessary, second Base Rent payments due immediately after the final second renewal term Base Rent determination.

Appears in 1 contract

Samples: Lease Agreement (Argyle Security, Inc.)

Rent. Lessee On the date that Tenant executes this Lease, Tenant shall pay as rent deliver to Landlord the original executed Lease, the Base Rent (which shall be applied against the Rent payable for the full term 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 Lease. Tenant agrees to pay Landlord, without prior notice or demand, or abatement, offset, deduction or claim, the amount shown Base Rent specified in the Supplement as Total RentBasic Lease Information, payable in advance at Landlord's address specified in the Basic Lease Information on the Commencement Date and a portion thereafter on the first (1st) day of each rent payment is paid asmonth throughout the balance of the Term of the Lease and Tenant agrees and acknowledges that Tenant shall commence paying Rent on the Commencement Date, and represents regardless of whether or not the payment Tenant Improvements are completed as of interest, and Exhibit “A” attached the Commencement Date. In addition to the Supplement sets forth the interest component of each rent payment during the term. The Total Base Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A 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 Supplement plus any applicable sales and use tax thereonaggregate of all these amounts. Except as provided in Section 5If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of time, the obligation waiver of Lessee the requirement to make rent 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 any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution termination of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstancesa prorated amount of the Rent for a full calendar month based upon a thirty (30) day month. However, nothing herein The prorated Rent shall be construed to release Lessor from paid on the performance of its obligations hereunder; Commencement Date and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term first day of the Lease and hereby covenants that calendar month in which the officer date of Lessee responsible for budget preparation shall request termination occurs, as the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedcase may be.

Appears in 1 contract

Samples: Lease Agreement (Phase Metrics Inc)

Rent. Lessee On the date that Tenant executes this Lease, Tenant shall pay as rent deliver to Landlord the original executed Lease, the Advance Rent (which shall be applied against the Rent payable for the full term 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 B of this Lease Lease. Tenant agrees to pay Landlord the amount shown in the Supplement as Total Base Rent, without prior notice or demand, abatement, offset, deduction or claim, in advance at Landlord’s Address commencing June 1, 2003 and a portion thereafter on the first (1st) day of each rent payment is paid asmonth 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 represents the payment of interest, and Exhibit Utility Expenses. The term ARentattached whenever used herein refers to the Supplement sets forth aggregate of all these amounts. If Landlord permits Tenant to occupy the interest component Premises without requiring Tenant to pay rental payments for a period of each rent payment during time, the termwaiver of the requirement to pay rental payments shall only apply to the waiver of the Base Rent. The Total 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 payable in installments each in paid on June 1, 2003, and any prorated Rent for the amount final calendar month hereof shall be paid on the first day of the basic rental payment set forth calendar month in Exhibit A to which the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation date of Lessee to make rent payments expiration or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedtermination occurs.

Appears in 1 contract

Samples: Lease Agreement (Alphasmart Inc)

Rent. Lessee Each roommate shall pay the following amount of rent: Amounts may not be equal. The rent shall be paid on the day of each month. Rent will be paid in the following manner (list all rental rates) PETS If pets are permitted under the lease, each pet owner shall be responsible for all damages caused by his/her pet. This includes damage to furniture, carpeting, blinds, doors, lawn, and garden. HOUSEHOLD SUPPLIES A single ledger will be kept of all supplies purchased by each roommate. The supplies include such things as rent paper towels, toilet paper, cleaning fluids, dish detergent, foil, plastic trash bags, scrub brushes, and any other goods needed for the full term home which will be shared by all roommates. KITCHEN USE AND CLEAN-UP Food expenses shall be shared by all roommates. Preparation of meals shall be determined by an attached schedule which can be flexible. OR Food is to be bought by each roommate. There is to be no borrowing of food without prior approval. A separate space will be provided for each person’s groceries. Shared meal preparation and clean-up is optional. PERSONAL PROPERTY All roommates agree to refrain from borrowing roommate’s personal items without prior approval. Exceptions to this Lease should be clearly stated, with the amount shown roommates reserving the right to change their minds about the sharing of their items. Property that is borrowed will be used respectfully and returned in the Supplement as Total Rentsame condition. If damage is done to personal property, the roommate responsible for damage will be held liable. CLEANING AND YARDWORK All roommates agree to share the responsibilities of cleaning and maintenance of the premises. This includes dusting, vacuuming, emptying trash, mopping/waxing floors, cleaning bathrooms, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the termyardwork. The Total Rent shall be payable in installments roommates have decided to develop a schedule which is attached. It states when each in roommate will complete the amount of cleaning and maintenance jobs. OR The roommates will work together at a designated time to complete the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedabove jobs.

Appears in 1 contract

Samples: eforms.com

Rent. Lessee shall A. Tenant covenants and agrees to pay as rent for to Landlord during the Lease Term, without any setoff or deduction whatsoever, the full term amount of this Lease the amount shown in the Supplement as Total Rentall Base Rental payments, and a portion of each rent payment is paid asany adjustments thereof, and represents due in accordance with the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment schedule set forth in Exhibit A to B-1 hereof (the Supplement plus "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") and all such other sums of money as shall become due under this Lease (including, without limitation, any applicable sales charges for replacement of electric lamps and use tax thereon. ballasts that are above Building Standard 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 in Section 5herein, the obligation of Lessee to make rent payments Base Rental and Additional Base Rental for each calendar year or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments portion thereof during the Lease term Term, shall be due and payable in advance in equal monthly installments on the first day of each calendar month during the Lease Term and any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rental and Additional Base Rental to Landlord without demand. If the Lease Term commences on a day other than the first day of a month or terminates on a day other than the last day of a month, then the installments of Base Rental and Additional Base Rental for such month or months shall be prorated, based on the number of days in such month. All such payments shall be by a good and sufficient check. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct amount of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest 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 Landlord may accept such check or payment without prejudice to 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 date of such payment shall not be abated through accident or unforeseen circumstancesconstrued to be a waiver of Landlord's right to declare a default for any other late payment. However, nothing herein Tenant's covenant to pay Rent shall be construed to release Lessor from the performance independent of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of every other covenant set forth in this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedLease.

Appears in 1 contract

Samples: Office Lease Agreement (Summit Bank Corp)

Rent. Lessee The Seller shall pay be entitled to all of the rents and all other reimbursements, charges and amounts payable to the landlord under the Leases (collectively, “Rents”) applicable to periods prior to and through 11:59 p.m. on the date immediately prior to the Closing Date (the “Proration Date”), and the Purchaser shall be entitled to all Rents applicable to periods thereafter. Rents prepaid to the Seller, and actually collected by the Seller, for the month in which the Closing Date occurs shall be prorated between the Purchaser and the Seller on the Proration Date on the basis of the number of days in the particular month, and the Purchaser shall receive a credit against the Purchase Price in an amount equal to the Purchaser’s pro rata share thereof. Any Rents not collected as of the Closing Date shall not be prorated at the time of Closing. With respect to any delinquent rentals, the Purchaser will use commercially reasonable efforts for a period of ninety (90) days following the Closing Date to collect the same for the Seller’s benefit after the Closing in the ordinary course of the operation of the Property and such collection, if any, will be applied first toward the rent for the full term of this Lease then-current month, then the amount shown rent for the month in which the Supplement as Total RentClosing occurs, and a portion of each rent payment is paid as, and represents any excess monies received shall be applied toward the payment of interestthe most recent rents due under the applicable Lease, and Exhibit “A” attached with Seller’s share thereof (in any case) being promptly delivered to Seller. Nothing contained herein shall require the Purchaser to institute any lawsuit or other collection procedure to collect such delinquent rentals or declare a default under any Lease. If, subsequent to the Supplement sets forth Closing, any such Rents and other income allocable to the interest component period after the Proration Date are actually received by the Seller following the Closing Date, the Seller shall remit the same (or pro rata share thereof) to the Purchaser within thirty (30) days after receipt (net of each rent payment during the termreasonable collection costs). The Total Rent Seller shall be payable in installments each in have the amount of right, before the basic rental payment set forth in Exhibit A Closing Date, to take such action as it deems appropriate to recover any unpaid Rents for periods prior to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5Closing Date; provided, that the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term Seller shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed permitted to release Lessor from institute any legal proceedings for the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance collection of such obligation amounts or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during any eviction or similar dispossessory remedies after the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedClosing Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (AG Mortgage Investment Trust, Inc.)

Rent. Lessee All rents, fees and charges, including, without limitation, 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 of the Property, tenant 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 due Seller with respect to the Property generally or otherwise payable under the Leases (all of the foregoing may hereinafter be collectively referred to as "Rents") shall pay be prorated as rent of the Close of Escrow. Subject to the provisions below, Rents delinquent at the Close of Escrow shall be prorated to the Close of Escrow when collected. Rents collected within twelve (12) months after the Close of Escrow shall be deemed to apply (after deduction of costs for collections) first to Rents currently or past due and payable to Buyer for the full term 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 Close of Escrow and Buyer 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 the amount shown Assignment (defined below) and shall supersede any provision herein or in the Supplement as Total RentLease 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, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term except that Seller shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed permitted to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any institute legal proceedings for unlawful detainer against such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation tenants or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient seek to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedterminate their Leases.

Appears in 1 contract

Samples: Purchase Agreement (Mack Cali Realty Corp)

Rent. Lessee (a) The rent reserved under this Lease for the Term hereof shall be and consist of: (i) the Fixed Rent payable in equal monthly installments in advance on the first day of each and every calendar month during the Term (except that Tenant shall pay as rent for to Landlord one (1) monthly installment of Fixed Rent on the full term execution of this Lease Lease, which installment shall be applied to the Monthly Fixed Rent due and payable under this Lease); plus (ii) such additional rent (“Additional Rent”) in an amount shown 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 Initial 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 pursuant to Paragraph 15 hereof, and any other charges or amounts that shall become due and payable hereunder, including, without limitation, the reasonable expenses incurred by Landlord in the Supplement as Total Rentenforcement against Tenant or any party taking by or through Tenant of any of the agreements, covenants, and a portion obligations under this Lease and including reasonable legal fees and/or post-judgment collection fees that may accrue 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 each rent payment is paid asthe Demised Premises or to collect the rent, and represents the payment all of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total which Additional Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereonas hereinafter provided. Except as provided in Section 5, the obligation of Lessee to make All rent payments or any other payments required hereunder shall be absolute and unconditional paid to Landlord at its office stated above or such other place Landlord may designate in all eventswriting. Notwithstanding any dispute between Lessee and Lessor If the Commencement Date shall occur on a date other than the first day of a calendar month, or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment the Expiration Date or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term termination date of this Lease from shall occur on a day other than the governing body last day of Lessee and exhaust all available administrative reviews and appeals in a calendar month, the event such 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 pro rata portion of the budget calendar month during which such payment is not approvedto be made.

Appears in 1 contract

Samples: Lease Agreement (Cellectar Biosciences, Inc.)

Rent. Lessee shall pay as rent for the full term of this Lease the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total (a) Rent shall be payable in installments each in the amount prorated between Seller and Purchaser as of the basic rental payment 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 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 which event such amounts shall be disbursed in accordance with the terms of this Section 10.1. Any Rent paid by Xxxxxx and collected by or on behalf of Seller during the 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) second, to delinquent Rent, if any, payable to Seller, and (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 be applied each month as follows: (x) first, the current Rent due to Purchaser, (y) second, to delinquent Rent due to Purchaser, and (z) third, to any delinquent Rent payable to Seller. Purchaser shall send letters to collect such past due or delinquent Rent 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 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 Exhibit A the Lease) against the Tenant or bring or maintain any suit for collection. Any sums received by Purchaser to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder which Seller is entitled shall be absolute and unconditional held in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution trust for Seller on account of such dispute nor amounts payable to Seller, and Purchaser shall Lessee assert any right of set-off or counterclaim against its obligation remit to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform Seller any such obligationsums received by Purchaser to which Seller is entitled within ten (10) Business Days after receipt thereof less reasonable, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance actual costs and expenses of such obligation or to recover damages thereforcollection, including reasonable attorneys' fees, court costs and disbursements, if any. Lessee reasonably believes Seller expressly agrees that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.if Seller

Appears in 1 contract

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

Rent. Lessee Tenant shall pay to Landlord as rent 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 term calendar months after the Term Commencement Date (the “Rent Commencement Date”). Base Rent shall be paid in equal monthly installments as set forth in Section 2.3, subject to the rental adjustments provided in this Article 8, in advance on the first day of each and every calendar month during the Term. 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 which the Building and improvements on the property have been fully assessed)(“Operating Expense Increase”), and (b) any other 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 amount shown agreements, terms, covenants and conditions of this Lease to be performed by Tenant, after notice and the lapse of any applicable cure periods. In the event the Building is 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, commencing on the Rent Commencement Date and continuing through the initial Term of this Lease (but not any Option Term(s)), Tenant 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 Supplement Tampa, Florida market, all as Total Rentmore fully detailed on Exhibit L, Upgrades, attached hereto and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the termincorporated herein by reference. The Total amount of Capital Rent shall be payable in installments allocated to each in upgrade is listed on Exhibit L. To the extent certain upgrades are actually paid for from the TI Allowance, the upgrades are eliminated or reduced, or the cost for any upgrades are paid directly by the tenant, then the amount of the basic rental payment Capital Rent shall be adjusted downward by the allocable sum using the same formula set forth on Exhibit L. Base Rent, Additional Rent and Capital Rent shall together be denominated “Rent.” Rent shall be paid to Landlord, without abatement, deduction or offset, in lawful money of the United States of America to the address set forth in Exhibit A Section 2.8 or to such other person or at such other place as Landlord may from time designate in writing. In the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5event the Term commences or ends on a day other than the first day of a calendar month, then the obligation Rent for such fraction of Lessee to make rent payments or any other payments required hereunder a month shall be absolute and unconditional prorated for such period on the basis of the number of days in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due the month and shall not withhold any rent payment or other payment pending final resolution of be paid at the then-current rate for such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Leasefractional month. LesseeTenant’s obligation to make rent payments or other payments during the Lease term pay Rent shall not be abated through accident discharged or unforeseen circumstancesotherwise affected by (a) any Applicable Laws now or hereafter applicable to the Premises, (b) any other restriction on Tenant’s use, (c) except as expressly provided herein, any casualty or taking, or (d) any other occurrence. HoweverTenant’s obligation to pay Rent with respect to any period or obligations arising, nothing herein existing or pertaining to the period prior to the date of the expiration or earlier termination of the Term or this Lease shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform survive any such obligationexpiration or earlier termination; provided, Lessee may institute such legal action against Lessor as Lessee may deem necessary however, that nothing in this sentence shall in any way affect Tenant’s obligations with respect to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedany other period.

Appears in 1 contract

Samples: Lease

Rent. Lessee The “minimum” or “base” rent payable by tenants under the Leases for the calendar month in which the Closing occurs shall pay be prorated on the 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 full term of this Lease the amount shown in the Supplement as Total Rentperiod prior to Closing to be remitted to Seller if, and a portion of each rent payment is paid as, and represents 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 interestrent 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 Exhibit “A” attached when collected. At Closing, Seller shall deliver to the Supplement sets forth the interest component Purchaser a schedule of each rent payment during the termall such delinquent rent. The Total Rent Purchaser shall be payable in installments each in include the amount of delinquent rent in the basic rental payment first 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 such xxxx submitted to tenants. After such two (2) month period, Seller may pursue remedies directly against delinquent tenants, but may not xxx to evict or otherwise dispossess such 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 Exhibit A to the Supplement plus this Section 4.3.2, any applicable sales and use tax thereon. Except as provided in Section 5, the obligation amounts of Lessee to make delinquent rent payments or any other payments required hereunder collected by Purchaser after Closing shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when applied first to charges as are due and shall not withhold any rent payment payable or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during delinquent for the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor period from and after the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedClosing Date.

Appears in 1 contract

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

Rent. Lessee 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 as rent for under the full term terms of this 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 charges (including 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 exact amount shown in the Supplement as Total Rentof which will be difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and a portion late charges which may be imposed on Landlord by the terms of each rent payment is paid asany trust deed covering the Premises. Accordingly, and represents the payment if any installment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when sums due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term from Tenant shall not be abated through accident or unforeseen circumstancesreceived by Landlord within five (5) days after when due, Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount. HoweverThe 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 no event constitute a waiver of Tenant's default with respect to such overdue amount, nothing herein nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, any amount which is not paid within five (5) days after when due shall be construed to release Lessor bear interest from the performance date due until the date paid at the rate ("Interest Rate") which is the lesser of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel fifteen percent (15%) per annum or the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedmaximum rate permitted by law.

Appears in 1 contract

Samples: Tenant Improvements Construction Agreement (Consilium Inc)

Rent. Lessee 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 as rent for Landlord in advance on the full term Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease the amount shown in the Supplement Lease, as Total Additional Rent, and a portion Tenant’s Share of each rent payment is paid asOperating Expenses, Tax Expenses, Common Area Utility Costs, and represents the payment of interest, and Exhibit Utility Expenses. The term ARentattached whenever used herein refers to the Supplement sets forth aggregate of all the interest component amounts. If Landlord permits Tenant to occupy the Premises without requiring Tenant to pay rental payments for a period of each rent payment during time, the termwaiver of the requirement to pay rental payments shall only apply to the waiver of the Base Rent. The Total 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 payable in installments each in paid on the amount Commencement Date, and any prorated Rent for the final calendar month hereof shall be paid on the first day of the basic rental payment set forth calendar month in Exhibit A to which the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation date of Lessee to make rent payments expiration or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedtermination occurs.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Rent. Lessee shall Beginning on the Commencement Date, Tenant agrees to pay as rent for the full term of this Lease the amount shown Base Rent set forth in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached Section 1(J) to the Supplement sets forth Payee specified in Section 1(L), at the interest component of each rent payment during the termaddress 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. The Total Base Rent shall be payable paid in equal monthly installments in advance on 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 end of the Term. The Base Rent is not scheduled to be adjusted under the Prime Lease; in the amount event the Landlord subleases unused portions of the basic rental payment set forth in Exhibit A to premises during the Supplement plus any applicable sales Term such that shared expenses and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder costs can be re-allocated among all sub-lessees, then the Base Rent shall be absolute adjusted to reflect such savings or cost avoidance. All charges, costs and unconditional sums required to be paid by Tenant to Landlord under this Sublease in all eventsaddition to Base Rent shall be deemed "Additional Rent", and Base Rent and Additional Rent shall hereinafter collectively be referred to as "Rent". Notwithstanding any dispute between Lessee and Lessor or any Tenant's covenant to pay Rent shall be independent of every other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under covenant in this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget If Rent is not approvedpaid when due, Tenant shall pay, relative to the delinquent payment, an amount equal to the sum which would be payable by Landlord to Prime Landlord for an equivalent default under the Prime Lease.

Appears in 1 contract

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

Rent. Lessee Concessionaire shall pay pay, without offset, deduction, prior notice, or demand, as "Minimum Annual Rent” the sum of [annual rent for 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 full term of this Lease the amount shown in the Supplement as Total Rent, and a portion first day of each rent payment is paid asfifth Contract Year thereafter, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Minimum Annual Rent shall be payable adjusted to reflect changes in installments 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 basic rental late payment set forth in Exhibit A to or portion thereof. The parties agree that the Supplement plus any applicable sales late charge represents a fair and use tax thereonreasonable estimate of the costs State will incur because of late payment. Except as provided in Section 5, Acceptance of the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and late charge by State shall not withhold any rent payment or constitute a waiver of Concessionaire's default for the overdue amount, nor prevent State from exercising the other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required rights and remedies granted under this LeaseContract. Lessee’s obligation Concessionaire shall pay the late charge as additional rent with the next monthly rent payment. Any amount due to make rent payments or other payments during State, if not paid within five (5) days following the Lease term 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 abated through accident payable on late charges incurred by Concessionaire. Payment of interest shall not excuse or unforeseen circumstancescure any default by Concessionaire. HoweverUpon written request by the Concessionaire to State demonstrating unusual or extenuating circumstances causing the late payment, nothing herein shall be construed to release Lessor from the performance of State, in its obligations hereunder; and if Lessor should fail to perform any such obligationsole discretion, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel waive the performance of such obligation or to recover damages thereforlate charge. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals 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 portion period of reduced or non- operation, as determined in the 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 budget is not approvedbreach 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 deemed to be the greater of: (a) the Minimum Rent provided herein, or (b) 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 of the Contract term, in which event the previous twelve (12) (or fewer, if applicable) months shall be used as the basis of this average.

Appears in 1 contract

Samples: www.bidnet.com

Rent. Lessee shall pay as To the extent collected by Seller prior to Closing, the “minimum” or “base” rent and parking revenue, if any (collectively, “Rent”), paid by tenants under the Assignable Leases for the full term calendar month in which the Closing occurs shall be prorated between Purchaser and Seller on the basis of this Lease the amount shown in number of days of such month the Supplement Property will have been owned by Purchaser and Seller, respectively. There shall be no proration of any rent which is delinquent as Total Rentof the Closing Date. Rent collected on or after the Closing Date shall be applied first to the month of Closing, then to any delinquency existing for the period thereafter and a portion of each then to any delinquency for the period prior to Closing. Purchaser shall cause any rent payment is paid applicable to the period prior to Closing to be remitted to Seller if, as, and represents when collected. At Closing, Seller shall deliver to Purchaser a schedule of all delinquent rent. In the payment of interestevent any delinquent rent is omitted from such schedule, and Exhibit “A” attached Seller shall not be deemed to the Supplement sets forth the interest component of each rent payment during the termhave waived its rights to such rent. The Total Rent Purchaser shall be payable in installments each in include the amount of delinquent rent in the basic rental payment set forth in Exhibit A first bills thereafter submitted to the Supplement plus any applicable sales and use tax thereon. Except as provided tenants in Section 5question after the Closing, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due 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, Seller may pursue remedies directly against delinquent tenants, but may not withhold xxx to evict or otherwise dispossess such tenants. Any percentage rent collected in connection with any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term Assignable Leases shall not be abated through accident or unforeseen circumstances. However, nothing herein prorated at Closing but shall be construed prorated after the applicable lease year is over and total revenues and breakpoint have been reconciled under the applicable Assignable Lease, with such revenues and breakpoint allocated evenly over the year in which Closing occurs on a daily basis and any amount payable from one party to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any other shall be paid promptly after such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel reconciliation is required under the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedapplicable Assignable Lease.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Equity Commonwealth)

Rent. To the extent that the Existing Lessor has received (or, on the next scheduled date for payment of [Rent], does receive) from Lessee any amount of [Rent] payable by Lessee pursuant to the Lease that is referable to any period after the Effective Time, Existing Lessor shall arrange for such [Rent] to be paid to the New Lessor at or as soon as reasonably practicable after the Effective Time and such payment shall discharge pro tanto and without penalty the Lessee's obligation to pay as rent the New Lessor for the full term relevant period. To the extent that the New Lessor has received (or, on the next scheduled date for payment of this [Rent], does receive) from Lessee any amount of [Rent] payable by Lessee pursuant to the Lease that is referable to any period prior to the amount shown Effective Time, the New Lessor shall arrange for such [Rent] to be paid to the Existing Lessor as soon as reasonably practicable after the Effective Time and such payment shall discharge pro tanto and without penalty the Lessee's obligation to pay the Existing Lessor for the relevant period. Security Deposit, Supplemental Rent and other Lessor contributions [With effect from the Effective Time, the current balance of the [Security Deposit] and the [Supplemental Rent] (in each case in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment amounts set forth in Exhibit A the Effective Time Notice) shall be transferred in full to the Supplement plus New Lessor. Each party hereto agrees that with effect from the Effective Time [and subject to Clause 5.2.2 below], any applicable sales claim by the Lessee for reimbursement of the [Security Deposit] or payment of [any maintenance contribution10] shall be made only against the New Lessor, and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or New Lessor hereby expressly confirms that it shall assume such obligations with effect from the Effective Time.11] [To the extent that the Novated Lease sets out any other payments required hereunder shall lessor maintenance or similar reimbursement obligations which are not passed in their entirety to New Lessor, a section to be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation added to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible clearly state who assumes responsibility for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedthose matters.]

Appears in 1 contract

Samples: Aircraft Lease Novation and Amendment Agreement

Rent. Lessee shall pay as rent Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Premises in the Building for the full term Term, to commence on the Commencement Date and to end on the Expiration Date, both dates inclusive, unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law at the amount shown in the Supplement as Total Minimum Rent, which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and a portion dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Commencement Date and on the first (1st) day of each rent calendar month thereafter during the Term (except as hereinafter otherwise provided), at Landlord's Address for Payment of Rent or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant shall pay the first monthly installment on the execution hereof. If the Commencement Date shall occur on a date other than the first (1st) day of any calendar month, Tenant shall pay to Landlord, on the first (1st) day of the month next succeeding the month during which the Commencement Date shall occur, an amount equal to such proportion of an equal monthly installment of Minimum Rent as the number of days from and including the Commencement Date bears to the total number of days in. said calendar month. Such payment, together with the sum paid by Tenant upon the execution of this Lease, shall constitute payment is paid asof the Minimum Rent for. the period from the Commencement Date to and including the last day of the next succeeding calendar month. In the event that, and represents on the Commencement Date, or thereafter, Tenant shall be in default in the payment of Rent to Landlord pursuant to the terms of another lease of space in the Building with Landlord or with Landlord's predecessor-in-interest, Landlord may, at Landlord's option and Exhibit “A” attached without notice to Tenant, add the Supplement sets forth amount of such arrearages to any monthly installment of the interest component of each rent payment during Rent and the term. The Total Rent same shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except Landlord as provided in Section 5, the obligation of Lessee to make additional rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved.

Appears in 1 contract

Samples: Bridgeline Software, Inc.

Rent. Lessee shall pay as rent for All rents payable under the full term of this Lease the amount shown in the Supplement as Total Rent, Leases and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached collected by Seller prior to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent Closing Date shall be payable in installments each in the amount prorated between Seller and Buyer as of the basic rental payment set forth in Exhibit A day prior to the Supplement plus any applicable sales and use tax thereonClosing Date. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder Seller shall be absolute entitled to such rents attributable to any period to but not including the Closing Date. Buyer shall be entitled to such rents attributable to any period on and unconditional in all eventsafter the Closing Date. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall Rents not withhold any rent payment or other payment pending final resolution collected as of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments during the Lease term Closing Date shall not be abated through accident 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 unforeseen circumstancesafter 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. HoweverBuyer shall not have an exclusive right to collect the rents due Seller and any other amounts due Seller under the Leases, nothing herein 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 construed required to release Lessor from the performance notify Buyer in writing of its obligations hereunderintention to commence or pursue such legal proceedings; (b) shall only be permitted to commence or pursue any legal proceedings after the date which is sixty (60) days after Closing; and if Lessor should fail (c) shall not be permitted to perform commence or pursue any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance proceedings seeking eviction of such obligation tenant or to recover damages thereforthe termination of any Lease. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term The terms of this Lease from Section 6.1 shall survive the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedClosing.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Rent. Lessee On the date that Tenant executes this Lease, Tenant shall pay as rent for deliver to Landlord the full term of this Lease original executed Lease, the amount shown in the Supplement as Total Base Rent, and a portion of each rent payment is paid asthe Security Deposit, and represents all insurance certificates evidencing the payment insurance required to be obtained by Tenant under Section 12 of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation Tenant agrees to make rent payments pay Landlord, without prior notice or other payments during demand, or abatement, offset, deduction or claim, the Base Rent described on Basic Lease term shall not be abated through accident or unforeseen circumstances. HoweverInformation Page, nothing herein shall be construed to release Lessor from payable in advance at Landlord's address shown on Page 1 on the performance first day of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during each month throughout the term of the Lease Lease. In addition to the Base Rent set forth on Page 1, Tenant shall pay Landlord in advance and hereby covenants that on the officer first (1st) day of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during month throughout the term of this Lease from the governing body (including any extensions of Lessee such term), as Additional Rent Tenant's share, as set forth on Page 1, of Operating Expenses, Tax Expenses, Common Area Utility Costs, and exhaust Utility Expenses, and Administrative Expenses all available administrative reviews and appeals in the event such manner as specified in Sections 6.1, 6.2, 6.3, 6.4 and 7 of this Lease, respectively. Additionally, Tenant shall 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 any proposed assignment or subletting of all or any portion of the budget 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 "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 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 not approvedin default of or otherwise breaches any term, condition or provision of this Lease, any such waiver by Landlord of Tenant's requirement to pay rental payments shall be null and void and Tenant shall immediately pay to Landlord all rental payments waived by Landlord. 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 the Commencement Date. The Termination Date of the Lease shall always be the last day of the calendar month in which the Lease Term commenced.

Appears in 1 contract

Samples: Lease Agreement (Natrol Inc)

Rent. Lessee shall pay as rent for the full term In consideration of this lease, Tenant promises and agrees to pay Landlord the Basic Monthly Rental without demand, deduction or set off, for each month of the entire Lease Term. One such monthly installment together with the amount shown in Security Deposit shall be payable by Tenant to Landlord contemporaneously with the Supplement as Total Rentexecution hereof, and a portion like monthly installment shall be due and payable without demand on or before the first day of each rent payment is paid ascalendar month during the term hereof beginning with the first calendar month following the Commencement Date. Rent for any fractional month at the beginning or end of the Lease Term shall be prorated, with any DIFFERENCES BETWEEN THE PREPAID MONTHLY INSTALLMENT AND THE PRORATED RENT TO BE CREDITED TO THE SECOND MONTHLY INSTALLMENT. The Security Deposit shall be held by Landlord without liability for interest and represents 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 interestrental or a measure of Landlord's damages in case of default by Tenant. Upon the occurrence of any event of default by Tenant, and Exhibit “A” attached Landlord may, from time to time, without prejudice to any other remedy, use such deposit to the Supplement sets forth extent necessary to make 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 interest component 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 each rent payment during the term. The Total Rent such deposit shall be payable in installments each returned by Landlord to Tenant within thirty (30) days of termination of this lease. If Landlord transfers its interest in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee’s obligation to make rent payments or other payments Premises during the Lease term Term, Landlord may assign the Security Deposit to the transferee and thereafter shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from have no further liability for the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance return of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approvedSecurity Deposit.

Appears in 1 contract

Samples: Lease Agreement (Applied Digital Access Inc)

Rent. Lessee shall Tenant covenants and agrees to pay unto Landlord the base net rentals in accordance with Exhibit C attached hereto and made a part hereof commencing as rent for of the full date hereof and on the first day of each and every month hereafter, in advance, through the entire term of this Lease, together with such increase of said annual and monthly fixed net rent, in accordance with the provisions of this Lease the amount shown in the Supplement as Total Renthereinafter provided. If Landlord so requires, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit “A” attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee Tenant shall make all rent or part of the rental payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation directly to Landlord's lender provided Tenant receives written notice from Landlord directing Tenant to make such payments to lender. All rent payments or other payments required under this Lease. Lessee’s obligation to make (including all sums payable as rent payments or other payments during in accordance with the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein preceding paragraph and as hereinafter provided) shall be construed in every instance as an absolute net rent payable by Tenant to release Lessor from Landlord. This Lease is an absolute net lease, and the performance annual rent and all other sums payable hereunder to or on behalf of its obligations hereunder; Landlord shall be paid without notice or demand and if Lessor should fail to perform any such obligationwithout setoff, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel counterclaim, abatement, suspension, deduction, or defense. It is the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term express intent of the Lease and hereby covenants parties hereto that the officer annual rent provided to be paid by Tenant to Landlord under the terms of Lessee responsible for budget preparation Article 3 hereof shall request be 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 required appropriation for each fiscal year during said monthly rental, pay any and all other items of expense in connection with the term Premises of this whatever nature, including but not limited to all taxes and assessments imposed by any governmental authority on 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 insurance hereinafter specified. This Lease from shall always be construed in order to effectuate the governing body foregoing declared intent of Lessee the parties hereto. If Tenant or Landlord shall so require, Landlord and exhaust all available administrative reviews and appeals Tenant shall enter into a memorandum of lease, which shall be recorded in the event such portion of appropriate land records in order to document the budget is not approvedterms and conditions hereof.

Appears in 1 contract

Samples: Agreement of Lease (Mony Group Inc)

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