Additional Rent; Payments; Interest. (a) In addition to Base Rent, Subtenant shall also pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) payable by Sublandlord under the Prime Lease. Without limiting the foregoing, Subtenant shall maintain and provide to Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect to the Leased Premises required under the Prime Lease. (b) Each amount due pursuant to Subsection 4(a) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable no later than the date on which any such amount is due and payable under the Prime Lease. (c) All amounts other than Base Rent payable to, or on behalf of, Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Rent and additional rent shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord until paid at the rate per annum equal to the greater of the rate provided in the Prime Lease or
Appears in 2 contracts
Sources: Indenture (Neiman Marcus Group LTD LLC), Indenture (Neiman Marcus Group LTD LLC)
Additional Rent; Payments; Interest. (a) In addition to Base Rent, Subtenant shall also pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) payable by Sublandlord under the Prime Lease. Without limiting the foregoing, Subtenant shall maintain and provide to Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect to the Leased Premises required under the Prime Lease.
(b) Each amount due pursuant to Subsection 4(a) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable no later than the date on which any such amount is due and payable under the Prime Lease.
(c) All amounts other than Base Rent payable to, or on behalf of, Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Rent and additional rent shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord until paid at the rate per annum equal to the greater of the rate provided in the Prime Lease oror three percent (3%) in excess of the Prime Rate (as hereinafter defined) (the “Default Rate”) in effect from time to time, which rate shall change from time to time as of the effective date of each change in the Prime Rate, unless a lesser rate shall then be the maximum rate permissible by law with respect thereto, in which event said lesser rate shall be charged. For the purposes of this Sublease, the term “Prime Rate” shall mean the base rate on corporate loans at large U.S. money centers or commercial banks as published from time to time by the Wall Street Journal.
Appears in 2 contracts
Sources: Fourth Amendment (Neiman Marcus Group LTD LLC), Indenture (Neiman Marcus Group LTD LLC)
Additional Rent; Payments; Interest. (a) In addition to Except for "Monthly Base Rent" (as such term is defined in the Prime Lease and for the payment of which Subtenant shall have no obligation under this Sublease), Subtenant shall also pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) amounts payable by Sublandlord under the Prime Lease. Without limiting the foregoing, Subtenant shall maintain and provide to Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect Lease which are attributable to the Leased Premises required or attributable to Subtenant, its agents, employees, customers or invitees, including without limitation, the Operating Costs (as such term is defined herein); provided, however, that the payment of Operating Costs as set forth below shall not commence until the Rent Commencement Date. By way of example and not by way of limitation, charges by Landlord for furnishing air conditioning or heating to the Premises at times in addition to those certain times specified in the Prime Lease, costs incurred by Landlord in repairing damage to the Building caused by an employee of Subtenant, increased insurance premiums due as a result of Subtenant's use of the Premises, and amounts expended or incurred by Landlord on account of any default by Subtenant which gives rise to a default under the Prime LeaseLease would be amounts payable by Subtenant pursuant to this Subsection 4(a).
(b) Each amount due to pursuant to Subsection 4(a) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable on the fifth day following the date on which Landlord or Sublandlord has given notice to Subtenant of the amount thereof, but in no event later than the date on which any such amount is due and payable under the Prime Lease.
(c) All amounts other than Base Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Rent and additional rent shall bear interest from the date that is due until paid at the earlier of the date provided rate specified in the Prime Lease for the applicable payment or interest on late payments, and any and all amounts due and owing under this Sublease by Subtenant shall not be deemed to be "past due" until such failure to pay continues for a period in excess of five (5) business days following receipt of written notice thereof from Sublandlord until paid at the rate per annum equal date same is otherwise due under this Lease.
(d) Subtenant shall pay Landlord on the due dates for services requested by Subtenant which are billed by Landlord directly to the greater of the rate provided in the Prime Lease orSubtenant rather than Sublandlord.
Appears in 1 contract
Sources: Sublease (Western Digital Corp)
Additional Rent; Payments; Interest. (a) In addition to Except for “Base Rent” (as such term is defined in the Prime Lease and for the payment of which Subtenant shall have no obligation under this Sublease), Subtenant shall also pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) amounts payable by Sublandlord under the Prime Lease. Without limiting the foregoing, Subtenant shall maintain and provide to Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect Lease which are attributable to the Leased Premises required or attributable to Subtenant, its agents, employees, customers or invitees, including without limitation, the Operating Cost Share Rent, the Tax Share Rent, the Parking Rent, if any, and the Additional Rent (as such terms are defined in the Prime Lease). By way of example and not by way of limitation, charges by Landlord for furnishing air conditioning or heating to the Premises at times in addition to those certain times specified in the Prime Lease, costs incurred by Landlord in repairing damage to the Building caused by an employee of Subtenant, increased insurance premiums due as a result of Subtenant’s use of the Premises, and amounts expended or incurred by Landlord on account of any default by Subtenant which gives rise to a default under the Prime LeaseLease would be amounts payable by Subtenant pursuant to this Subsection 4(a).
(b) Each amount due to Sublandlord pursuant to Subsection 4(a) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable on the fifth day following the date on which Landlord or Sublandlord has given notice to Subtenant of the amount thereof, but in no event later than the date on which any such amount is due and payable under the Prime Lease.
(c) All amounts other than Base Minimum Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Rent and additional rent shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord until paid at the rate per annum equal to the greater of the rate provided in the Prime Lease orthis
Appears in 1 contract
Sources: Sublease (Costar Group Inc)
Additional Rent; Payments; Interest. (a) In addition to Except for "Monthly Base Rent" (as such term is defined in the Prime Lease and for the payment of which Subtenant shall have no obligation under this Sublease), following the Commencement Date Subtenant shall also pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) amounts payable by Sublandlord under the Prime Lease. Without limiting the foregoing, Subtenant shall maintain and provide to Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect Lease which are attributable to the Leased Premises required or attributable to Subtenant, its agents, employees, customers or invitees, including without limitation, the Operating Costs (as such term is defined herein). By way of example and not by way of limitation, charges by Landlord for furnishing air conditioning or heating to the Premises at times in addition to those certain times specified in the Prime Lease, costs incurred by Landlord in repairing damage to the Building caused by an employee of Subtenant, increased insurance premiums due as a result of Subtenant's use of the Premises, and amounts expended or incurred by Landlord on account of any default by Subtenant which gives rise to a default under the Prime LeaseLease would be amounts payable by Subtenant pursuant to this Subsection 4(a).
(b) Each amount due to pursuant to Subsection 4(a) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable on the fifth day following the date on which Landlord or Sublandlord has given notice to Subtenant of the amount thereof, but in no event later than the date on which any such amount is due and payable under the Prime Lease.
(c) All amounts other than Base Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Rent and additional rent shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord due until paid at the rate per annum equal to the greater five percent (5%) in excess of the Prime Rate (as hereinafter defined) in effect from time to time, which rate provided shall change from time to time as of the effective date of each change in the Prime Lease orRate, unless a lesser rate shall then be the maximum rate permissible by law with respect thereto, in which event said lesser rate shall be charged. For the purposes of this Sublease, (i) the term "Prime Rate" shall mean the rate of interest announced from time to time by Bank One, N.A. as its prime or corporate base rate, and (ii) any and all amounts due and owing under this Sublease by Subtenant shall not be deemed to be "past due" until such failure to pay continues for a period in excess of five (5) days following the date same is otherwise due under this Lease.
Appears in 1 contract
Sources: Sublease (Mai Systems Corp)
Additional Rent; Payments; Interest. (a) In addition to Except for “Base Rent” (as such term is defined in the Prime Lease and for the payment of which Subtenant shall have no obligation under this Sublease), Subtenant shall also pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) amounts payable by Sublandlord under the Prime Lease. Without limiting the foregoing, Subtenant shall maintain and provide to Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect Lease which are attributable to the Leased Premises required or attributable to Subtenant, its agents, employees, customers or invitees, including without limitation, the Operating Cost Share Rent, the Tax Share Rent, and Additional Rent (as such terms are defined in the Prime Lease). By way of example and not by way of limitation, charges by Landlord for furnishing air conditioning or heating to the Premises at times in addition to those certain times specified in the Prime Lease, costs incurred by Landlord in repairing damage to the Building caused by an employee of Subtenant, increased insurance premiums due as a result of Subtenant’s use of the Premises, and amounts expended or incurred by Landlord on account of any default by Subtenant which gives rise to a default under the Prime LeaseLease would be amounts payable by Subtenant pursuant to this Subsection 4(a).
(b) Each amount due to pursuant to Subsection 4(a) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable no later than on the fifth day following the date on which any such Landlord or Sublandlord has given notice to Subtenant of the amount is due and payable under the Prime Leasethereof.
(c) All amounts other than Base Minimum Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Minimum Rent and additional rent which are not paid on or before the third (3rd) business day after such amount is due shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord due until paid at the rate per annum equal to the greater five percent (5%) in excess of the Prime Rate (as hereinafter defined) in effect from time to time, which rate provided shall change from time to time as of the effective date of each change in the Prime Lease orRate, unless a lesser rate shall then be
Appears in 1 contract
Sources: Sublease (Nuvasive Inc)
Additional Rent; Payments; Interest. (a) In addition to the Base RentRent described above, commencing on January 1, 2014, Subtenant shall also pay to Sublandlord additional rent with respect to the Subleased Premises on account of Operating Expenses and Real Estate Taxes in accordance with the provisions of the Prime Lease; provided, however, that Subtenant shall be liable only for increases in Operating Expenses and Real Estate Taxes above a calendar year 2013 base year (the “Base Year”). Subtenant’s share of the Operating Expenses and Real Estate Taxes shall be 4.157% of increases billed to Sublandlord above the Base Year amounts.
(b) Subtenant shall pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) amounts payable by Sublandlord under the Prime LeaseLease which are attributable to Subtenant, its agents, employees, customers or invitees. Without limiting the foregoingBy way of example and not by way of limitation, Subtenant shall maintain and provide to charges by Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect for furnishing air conditioning or heating at Subtenant’s request to the Leased Subleased Premises required at times in addition to those certain times specified in the Prime Lease, costs incurred by Landlord in repairing damage to the Building caused by an employee of Subtenant, increased insurance premiums due as a result of Subtenant’s use of the Subleased Premises, and amounts expended or incurred by Landlord on account of any default by Subtenant which gives rise to a default under the Prime LeaseLease would be amounts payable by Subtenant pursuant to this Section 4(b).
(bc) Each amount due pursuant to Subsection Section 4(a) and 4(b) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable on the tenth day following the date on which Landlord or Sublandlord has given notice to Subtenant of the amount thereof, but in no event later than the date on which any such amount is due and payable under the Prime Lease.
(cd) All amounts other than Base Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Rent and additional rent shall bear be subject to the same late charges and interest from the date that is the earlier of the date provided in as are applicable to late payments under the Prime Lease for Lease.
(e) Subtenant shall pay directly to Landlord on or before the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord until paid at the rate per annum equal due dates for all services requested by Subtenant that are billed by Landlord directly to the greater of the rate provided in the Prime Lease orSubtenant rather than through Sublandlord.
Appears in 1 contract
Sources: Sublease (Capitalsource Inc)
Additional Rent; Payments; Interest. (a) In addition to the Base RentRent described above, Subtenant shall also pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees additional rent in an amount equal to Subtenant’s Pro Rata Share of collection, including attorney fees (collectively “Additional Rent”) the additional rent payable by Sublandlord under as a result of increases in Real Estate Taxes and Operating Expenses (as defined in the Prime Lease. Without limiting the foregoing, Subtenant shall maintain and provide ) pursuant to Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect to the Leased Premises required under the Prime Lease.
(b) In addition to the Base Rent described above, Subtenant shall pay to Sublandlord as additional rent all other amounts payable by Sublandlord under the Prime Lease which are attributable to the Subleased Premises or attributable to Subtenant, its agents, employees, customers or invitees, and such amounts shall not be limited to Subtenant’s Pro Rata Share. By way of example and not by way of limitation, charges by Landlord for furnishing air conditioning or heating to the Subleased Premises at times in addition to those certain times specified in the Prime Lease, costs incurred by Landlord in repairing damage to the Building caused by an employee, agent, customer or invitee of Subtenant, increased insurance premiums due as a result of Subtenant’s use of the Subleased Premises, and amounts expended or incurred by Landlord on account of any default by Subtenant which gives rise to a default under the Prime Lease would be amounts payable by Subtenant pursuant to this Section 4(b).
(c) In addition to the Base Rent described above, Subtenant shall pay to Sublandlord as additional rent all of the costs of maintaining and operating the electric generator (including, but not limited to, fuel costs) which provides electric power to the wire room located in the Subleased Premises, and such costs shall not be limited to Subtenant’s Pro Rata Share.
(d) In addition to the Base Rent described above, Subtenant shall pay to Sublandlord $9,936 per month as additional rent for utilities in the Subleased Premises.
(e) Each amount due pursuant to Subsection Sections 4(a), (b), (c) and (d) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, hereunder shall be due and payable no later than on the date on which any such amount is due and payable under the Prime Lease.
(cf) All amounts other than Base Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Rent and additional rent shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord due until paid at the rate per annum equal to the greater three percent (3%) in excess of the any interest rate provided in that is applicable to late payments pursuant to the Prime Lease orLease, unless a lesser rate shall then be the maximum rate permissible by law with respect thereto, in which event said lesser rate shall be charged. All past due installments of Base Rent and additional rent shall be subject to the same late charges as are applicable to late payments under the Prime Lease.
Appears in 1 contract
Additional Rent; Payments; Interest. (a) In addition to the Base RentRent described above, commencing on March 1, 2014, Subtenant shall also pay to Sublandlord additional rent with respect to the Subleased Premises on account of Operating Expenses and Real Estate Taxes in accordance with the provisions of the Prime Lease; provided, however, that Subtenant shall be liable only for increases in Operating Expenses and Real Estate Taxes above a calendar year 2013 base year. Subtenant’s share of the Operating Expenses and Real Estate Taxes shall be determined in accordance with Section 4.1(b) of the Prime Lease, except that the term “Premises” as used therein shall be deemed to refer to the Subleased Premises.
(b) Subtenant shall pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) amounts payable by Sublandlord under the Prime Lease. Without limiting the foregoing, Subtenant shall maintain and provide to Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect Lease to the Leased extent the same are attributable to the Subleased Premises required (as distinguished from the Master Premises generally) or attributable to Subtenant, its agents, employees, customers or invitees. By way of example and not by way of limitation, charges by Landlord for furnishing air conditioning or heating to the Subleased Premises at times in addition to those certain times specified in the Prime Lease, charges by Landlord for supplemental heating, ventilating and air conditioning equipment or the use thereof, costs incurred by Landlord in repairing damage to the Building caused by an employee of Subtenant, increased insurance premiums due as a result of Subtenant’s use of the Subleased Premises, and amounts expended or incurred by Landlord on account of any default by Subtenant which gives rise to a default under the Prime LeaseLease would be amounts payable by Subtenant pursuant to this Section 4(b).
(bc) Each amount due pursuant to Subsection Section 4(a) and 4(b) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable on the tenth (10th) day following the date on which Landlord or Sublandlord has given notice to Subtenant of the amount thereof, but in no event later than the date on which any such amount is due and payable under the Prime Lease.
(cd) All amounts other than Base Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Rent and additional rent shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord due until paid at the rate per annum equal to the greater three (3) percentage points in excess of the any interest rate provided in that is applicable to late payments pursuant to the Prime Lease orLease, unless a lesser rate shall then be the maximum rate permissible by law with respect thereto, in which event said lesser rate shall be charged. All past due installments of Base Rent and additional rent shall be subject to the same late charges as are applicable to late payments under the Prime Lease.
(e) Subtenant shall pay directly to Landlord on or before the applicable due dates for all services requested by Subtenant that are billed by Landlord directly to Subtenant rather than through Sublandlord. All amounts charged by Landlord to consent to this Sublease and to approve the Subleasehold Improvements will be paid by Sublandlord without reimbursement by Subtenant.
Appears in 1 contract
Sources: Sublease (Capitalsource Inc)
Additional Rent; Payments; Interest. (a) In addition to Base RentExcept for Rent (as that term is defined in the Prime Lease), Real Property Taxes (as that term is defined in the Prime Lease) and utilities of the Building, the payment of which Subtenant shall have no obligation under this Sublease, Subtenant also shall also pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) amounts payable by Sublandlord under the Prime Lease. Without limiting the foregoing, Subtenant shall maintain and provide to Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect Lease that are attributable to the Leased Premises required (as distinguished from the entire premises subject to the Prime Lease) or attributable to Subtenant or its agents, employees, customers or invitees. By way of example and not by way of limitation, costs incurred by Landlord in repairing damage to the Building caused by an employee of Subtenant, increased insurance premiums due as a result of Subtenant’s use of the Premises, and amounts expended or incurred by Landlord on account of any default by Subtenant that gives rise to a default under the Prime LeaseLease would be amounts payable by Subtenant pursuant to this Subsection 4(a).
(b) Each amount due pursuant to Subsection 4(a) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable on the fifth (5th) day following the date on which Landlord or Sublandlord has given notice to Subtenant of the amount thereof, but in no event later than the date on which any such amount is due and payable under the Prime Lease.
(c) All amounts other than Base Gross Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Gross Rent and additional rent shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord due until paid at the rate per annum equal to the greater three percent (3%) in excess of the Prime Rate (as hereinafter defined) in effect from time to time, which rate provided shall change from time to time as of the effective date of each change in the Prime Lease orRate, unless a lesser rate shall then be the maximum rate permissible by law with respect thereto, in which event said lesser rate shall be charged. For purposes of this Sublease, the term “Prime Rate” shall mean the rate of interest published from time to time in the Southwestern Edition of The Wall Street Journal.
Appears in 1 contract
Sources: Sublease (Immediatek Inc)
Additional Rent; Payments; Interest. (a) In addition to Except for those components of rent under the Prime Lease defined as “Base Rent” and Tenant’s Proportionate Share of Basic Operating Costs under the Prime Lease, Subtenant’s Share of which is provided in Section 4 above, Subtenant shall also pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) amounts payable by Sublandlord under the Prime Lease. Without limiting Lease which are attributable Subtenant’s use of the foregoingPremises; provided, however, that Subtenant shall maintain and provide to Landlord all reports and accountings with respect to rentnot be responsible for payment of any penalties, issues and profits and percentage rent late charges, interest or the like payable by Sublandlord, except where such penalties, late charges, interest of Subtenant with respect to the Leased Premises required under like result directly from the Prime Leaseactions of Subtenant.
(b) Gas and electric usage are currently metered to the Building as a whole. Sublandlord will bill Subtenant for its gas and electrical service based on estimated usage, which may be submetered or otherwise reasonably estimated by Sublandlord at rates charged by the utility company. Alternatively, Sublandlord may, at its option, require Subtenant to make arrangements to have electrical usage separately metered or submetered to Subtenant at Sublandlord’s expense.
(c) Each amount due to pursuant to Subsection 4(a5(a) or (b) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable no later than thirty (30) days following the date on which any such Landlord or Sublandlord has given notice to Subtenant of the amount is due and payable under the Prime Leasethereof.
(cd) All amounts other than Base Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Rent and additional rent shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord due until paid at the rate per annum equal to the greater three percent (3%) in excess of the Prime Rate (as hereinafter defined) in effect from time to time, which rate provided shall change from time to time as of the effective date of each change in the Prime Lease orRate, unless a lesser rate shall then be the maximum rate permissible by law with respect thereto, in which event said lesser rate shall be charged. For the purposes of this Sublease, the term “Prime Rate” shall mean the rate of interest published in The Wall Street Journal in effect from time to time plus two percent (2%).
Appears in 1 contract
Sources: Sublease Agreement (Intervoice Inc)
Additional Rent; Payments; Interest. (a) In addition to Base Rent, Subtenant also shall also pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) amounts payable by Sublandlord under the Prime LeaseLease that are attributable to the Sublease Premises or attributable to Subtenant, its agents, employees, customers or invitees, including any current or future adjustments to Base Rental under Article 4 (the "Operating Expenses") in the Prime Lease in excess of the Operating Expenses for the calendar year 2001. Without limiting the foregoingFurthermore, Subtenant shall maintain and provide be responsible for all amounts expended by Landlord or Sublandlord to Landlord all reports and accountings with respect to rentremove or discharge liens or claims attributable to, issues and profits and percentage rent of Subtenant with respect to the Leased Premises required under the Prime Leasebut not settled by, Subtenant.
(b) Each amount due pursuant to Subsection 4(asubsection (a) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable no later than payable, in the case of any adjustment to Base Rent, on the same dates that monthly installments of Base Rent are payable, and in the case of any other such amount, on the tenth (10th) day following the date on which any such Landlord or Sublandlord has given notice to Subtenant on the amount is due and payable under the Prime Leasethereof.
(c) All amounts other than Base Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Subleaserent. All past due If all installments of Base Rent and additional rent shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or are not paid within five (5) business days following receipt of written notice thereof from after the same are due, Subtenant shall pay Sublandlord until paid at the rate per annum a late charge equal to the greater ten percent (10%) of the rate such installment. All rent shall be paid without notice, demand, setoff or deduction whatsoever except as expressly may be provided in the Prime Lease orherein.
(d) Except for Base Rent, which shall be paid to Sublandlord, Subtenant may pay to Landlord all amounts that are billed by Landlord directly to Subtenant; provided Subtenant delivers to Sublandlord copies of all such bills and receipts paid to Landlord. Sublandlord consents to this arrangement and will give Subtenant credit for same against Subtenant's obligations to pay such amounts under this Sublease.
Appears in 1 contract
Sources: Sublease (Ipayment Inc)
Additional Rent; Payments; Interest. (a) In addition to Base Rent, Subtenant shall also pay to Sublandlord all Additional Rent (as defined in the Prime Lease), and all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) amounts payable by Sublandlord under the Prime Lease. Without limiting the foregoing, Subtenant shall maintain and provide to Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect Lease which are attributable to the Leased Premises required or attributable to Subtenant, its agents, employees, customers or invitees. By way of example and not by way of limitation, charges by Landlord for furnishing air conditioning or heating to the Premises at times in addition to those certain times specified in the Prime Lease, costs incurred by Landlord in repairing damage to the Building caused by an employee of Subtenant, increased insurance premiums due as a result of Subtenant’s use of the Premises, and amounts expended or incurred by Landlord on account of any default by Subtenant which gives rise to a default under the Prime LeaseLease would be amounts payable by Subtenant pursuant to this Subsection 4(a).
(b) Each amount due to pursuant to Subsection 4(a) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable on the tenth day following the date on which Landlord or Sublandlord has given written notice to Subtenant of the amount thereof, but in no event later than the date on which any such amount is due and payable under the Prime Lease.
(c) All amounts other than Base Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Rent and additional rent shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord due until paid at the rate of 5% per annum equal annum.
(d) Subtenant shall pay Landlord on the due dates for services requested by Subtenant which are billed by Landlord directly to the greater of the rate provided in the Prime Lease orSubtenant rather than Sublandlord.
Appears in 1 contract
Sources: Sublease (Bio Key International Inc)
Additional Rent; Payments; Interest. (a) In addition to the Base RentRent described above, commencing on January 1, 2015, Subtenant shall also pay to Sublandlord, as additional rent, Operating Expenses and Real Estate Taxes with respect to the Subleased Premises in accordance with the provisions of the Prime Lease; provided, however, that Subtenant shall be liable only for increases in Operating Expenses and Real Estate Taxes above a calendar year 2014 base year, as shown on the statement submitted by Landlord to Sublandlord for calendar year 2014 and each calendar year thereafter, which statements shall be submitted by Sublandlord to Subtenant, along with a computation of Subtenant’s share of any such increase. Subtenant’s share of increases in the Operating Expenses and Real Estate Taxes shall be determined in accordance with Section 4.1(b) of the Prime Lease, except that the term “Premises” as used therein shall be deemed to refer to the Subleased Premises. Sublandlord estimates, as of the date of this Sublease, that Subtenant shall be responsible for 12.03% of Sublandlord’s share of increases in Operating Expenses and Real Estate Taxes.
(b) Subtenant shall pay to Sublandlord all other charges, costs, expenses, fees and other amounts, including real property taxes and assessments, sewer rents, utilities, common area charges, and percentage or contingent rent, including late payments, interest, and costs and fees of collection, including attorney fees (collectively “Additional Rent”) amounts payable by Sublandlord under the Prime Lease. Without limiting the foregoing, Subtenant shall maintain and provide to Landlord all reports and accountings with respect to rent, issues and profits and percentage rent of Subtenant with respect Lease to the Leased extent attributable to the Subleased Premises required (as distinguished from the Master Premises generally) or attributable to Subtenant, its agents, employees, customers or invitees. By way of example and not by way of limitation, charges by Landlord for furnishing air conditioning or heating to the Subleased Premises at times in addition to those certain times specified in the Prime Lease, charges by Landlord for supplemental heating, ventilating and air conditioning equipment or the use thereof, costs incurred by Landlord in repairing damage to the Building caused by an employee of Subtenant, increased insurance premiums due as a result of Subtenant’s use of the Subleased Premises, and amounts expended or incurred by Landlord on account of any default by Subtenant which gives rise to a default under the Prime LeaseLease would be amounts payable by Subtenant pursuant to this Section 4(b).
(bc) Each amount due pursuant to Subsection Section 4(a) and 4(b) above and each other amount payable by Subtenant hereunder, unless a date for payment of such amount is provided for elsewhere in this Sublease, shall be due and payable on the tenth day following the date on which Landlord or Sublandlord has given notice to Subtenant of the amount thereof, but in no event later than the date on which any such amount is due and payable under the Prime Lease.
(cd) All amounts other than Base Rent payable to, or on behalf of, to Sublandlord under this Sublease shall be deemed to be additional rent due under this Sublease. All past due installments of Base Rent and additional rent shall bear interest from the date that is the earlier of the date provided in the Prime Lease for the applicable payment or five (5) business days following receipt of written notice thereof from Sublandlord due until paid at the rate per annum equal that is applicable to late payments pursuant to the greater Prime Lease, unless a lesser rate shall then be the maximum rate permissible by law with respect thereto, in which event said lesser rate shall be charged. All past due installments of Base Rent and additional rent shall be subject to the rate provided in same late charges as are applicable to late payments under the Prime Lease orLease.
(e) Subtenant shall pay directly to Landlord on or before the applicable due dates for all services requested by Subtenant that are billed by Landlord directly to Subtenant rather than through Sublandlord.
Appears in 1 contract
Sources: Sublease (Capitalsource Inc)