Common use of Base Rent and Additional Rent Clause in Contracts

Base Rent and Additional Rent. 3.1 Subtenant shall pay to Sublandlord, as base rent (“Base Rent”) during the Term the following amount: One Million Four Hundred Sixty-Eight Thousand Two Hundred Sixty-Nine and No/100 Dollars ($1,468,269.00) per annum, payable in equal monthly installments of One Hundred Twenty-Two Thousand Three Hundred Fifty-Five and 75/100 Dollars ($122,355.75), on the first day of each month during the Term. 3.2 If the Commencement Date shall occur on a date other than the first day of any calendar month, the Base Rent payable hereunder for such month shall be prorated on a per-diem basis and shall be paid on the first day of the first full month following the Commencement Date. 3.3 Provided that Subtenant is not then in default under this Sublease (beyond any applicable notice and cure period), Subtenant shall be entitled to an aggregate credit of Seven Hundred Thirty-Four Thousand One Hundred Thirty-Four and 50/100 Dollars ($734,134.50) to be applied in six (6) equal installments against Base Rent due hereunder for the first six (6) full calendar months following the month in which the Commencement Date occurs. 3.4 If Subtenant shall fail to pay when due any installment of Base Rent, additional rent or other costs, charges and sums payable by Subtenant hereunder (such additional rent or other costs, charges and sums, together with Base Rent, hereinafter collectively referred to as the “Rental”) for a period of five (5) business days after the date on which such installment or payment is due, Subtenant shall pay to Sublandlord, in addition to such installment of Base Rent or Rental, as the case may be a sum equal to interest at the Applicable Rate (hereinafter defined) per annum on the amount unpaid, commencing from the date such payment was due to and including the date of payment. The “Applicable Rate” shall be the rate equal to the lesser of (i) three (3) percentage points above the rate of interest announced from time to time by Citibank, N.A. as its prime, reference or corporate based rate, changing as and when said prime, reference or corporate base rate changes or (ii) the maximum rate permitted by applicable law. 3.5 All Base Rent and other Rental shall be paid to Sublandlord at its address for payment of Rental as set forth in Section 13 hereof, unless Sublandlord shall otherwise so direct in writing by good and sufficient check (subject to collection) drawn on a nationally recognized bank so that “available funds” shall be paid immediately to Sublandlord. Upon Sublandlord’s notice to Subtenant, Base Rent and other Rental shall be paid by wire transfer of immediately available Federal Reserve Funds (hereinafter defined) to Sublandlord or its designee pursuant to the instructions delivered by Sublandlord. As used herein, the term “Federal Reserve Funds” shall mean the receipt by a bank or banks in the Continental United States designated by Sublandlord of U. S. dollars in form that does not require further clearance, and may be applied at the direction of Sublandlord by such recipient bank or banks on the day of receipt of advice that such funds have been wire transferred. Subtenant’s obligation to make such payments shall survive the expiration or earlier termination of the Lease and/or this Sublease.

Base Rent and Additional Rent. 3.1 Subtenant Tenant shall pay to SublandlordLandlord the following amounts as rent for the Premises: (a) During the term of this Lease, as base rent beginning with the Commencement Date, Tenant shall pay each and every month to Landlord the amount of Monthly Base Rent specified below (“Base Rent”): 1-6 Free Base Rent 7-10 $ 27,500.00 11-12 Free Base Rent 13-16 Free Base Rent 17-24 $ 27,500.00 25-36 $ 37,839.78 37-48 $ 39,797.01 49-60 $ 41,754.24 61-72 $ 43,711.47 73-84 $ 45,668.70 In addition to Base Rent, Tenant shall pay to Landlord each and every month during the Term installments for any Unpaid Allowance (as defined in Section 2.1 of Exhibit B, the Work Letter.) Such installments will be due at the same time and payable in the same manner as Base Rent pursuant to Section 3.9, provided that, notwithstanding any periods during which Tenant is not required to pay Base Rent under this Lease, installments on account of Unpaid Allowance will begin to be due as of the Commencement Date and each month thereafter until the Unpaid Allowance, together with accrued interest thereon, is fully paid. (b) During each calendar year (or part thereof) during the Term Term, subject to Section 3.2(c) below, Tenant shall pay to Landlord, as additional rent (“Additional Monthly Rent”): (i) All Property Taxes paid by Landlord in such year; (ii) all Insurance Costs paid by Landlord in such year; (iii) A fee to Landlord for its administrative costs incurred in connection with the following amount: One Million Four ownership and operation of the Premises equal to two percent (2.0%) of the total Monthly Base Rent (“Administrative Fee”) which fee shall be in lieu of any other management fee or management personnel expense charged by Landlord hereunder; and, (iv) Operating Expenses pursuant to Section 3.8 below. (c) Throughout the Term, Tenant shall pay, as additional rent, all other amounts of money and charges required to be paid by Tenant under this Lease (“Additional Rent”), whether or not such amounts of money or charges are designated Additional Rent. Additional Rent shall include installments which may be due as a result of any Unpaid Allowance (as defined in Section 2.1 of Exhibit B, the Work Letter.) As used in this Lease, “rent” shall mean and include all Base Rent, Additional Monthly Rent and Additional Rent payable by Tenant in accordance with this Lease. (d) Upon execution of this Lease, Tenant will deliver to Landlord the sum of Twenty-Seven Thousand Five Hundred Sixty-Eight Thousand Two Hundred Sixty-Nine and No/100 Dollars ($1,468,269.00) per annum, payable in equal monthly installments of One Hundred Twenty-Two Thousand Three Hundred Fifty-Five and 75/100 Dollars ($122,355.75), on the first day of each month during the Term. 3.2 If the Commencement Date shall occur on a date other than the first day of any calendar month, the Base Rent payable hereunder for such month shall be prorated on a per-diem basis and shall be paid on the first day of the first full month following the Commencement Date. 3.3 Provided that Subtenant is not then in default under this Sublease (beyond any applicable notice and cure period), Subtenant shall be entitled to an aggregate credit of Seven Hundred Thirty-Four Thousand One Hundred Thirty-Four and 50/100 Dollars ($734,134.5027,500.00) to be applied in six (6) equal installments against to the initial Base Rent which will become due hereunder for the first six (6) full calendar months following the month in which the Commencement Date occursunder this Lease. 3.4 If Subtenant shall fail to pay when due any installment of Base Rent, additional rent or other costs, charges and sums payable by Subtenant hereunder (such additional rent or other costs, charges and sums, together with Base Rent, hereinafter collectively referred to as the “Rental”) for a period of five (5) business days after the date on which such installment or payment is due, Subtenant shall pay to Sublandlord, in addition to such installment of Base Rent or Rental, as the case may be a sum equal to interest at the Applicable Rate (hereinafter defined) per annum on the amount unpaid, commencing from the date such payment was due to and including the date of payment. The “Applicable Rate” shall be the rate equal to the lesser of (i) three (3) percentage points above the rate of interest announced from time to time by Citibank, N.A. as its prime, reference or corporate based rate, changing as and when said prime, reference or corporate base rate changes or (ii) the maximum rate permitted by applicable law. 3.5 All Base Rent and other Rental shall be paid to Sublandlord at its address for payment of Rental as set forth in Section 13 hereof, unless Sublandlord shall otherwise so direct in writing by good and sufficient check (subject to collection) drawn on a nationally recognized bank so that “available funds” shall be paid immediately to Sublandlord. Upon Sublandlord’s notice to Subtenant, Base Rent and other Rental shall be paid by wire transfer of immediately available Federal Reserve Funds (hereinafter defined) to Sublandlord or its designee pursuant to the instructions delivered by Sublandlord. As used herein, the term “Federal Reserve Funds” shall mean the receipt by a bank or banks in the Continental United States designated by Sublandlord of U. S. dollars in form that does not require further clearance, and may be applied at the direction of Sublandlord by such recipient bank or banks on the day of receipt of advice that such funds have been wire transferred. Subtenant’s obligation to make such payments shall survive the expiration or earlier termination of the Lease and/or this Sublease.

Base Rent and Additional Rent. 3.1 Subtenant Tenant shall pay to Sublandlord, as base rent (“Base Rent”) during the Term Landlord the following amountamounts as rent for the Premises: (a) During the term of this Lease, beginning with the Commencement Date, Tenant shall pay to Landlord as Base Rent each month the amount of Monthly Base Rent specified below: One Million Four Hundred SixtyMONTHLY BASE RENT MONTHLY PERIODS BEGINNING WITH COMMENCEMENT DATE $158,340.00 Months 1-Eight Thousand Two Hundred Sixty12 $164,673.60 Months 13-Nine and No/100 Dollars 24 $171,260.54 Months 25-36 $178,110.97 Months 37-48 $185,235.40 Months 49-60 $192,644.82 Months 61-72 $200,350.61 Months 73-84 $208,364.64 Months 85-96 $216,699.22 Months 97-108 $225,367.19 Months 109-120 $234,381.88 Months 121-132 (if applicable) $1,468,269.00243,757.16 Months 133-144 (if applicable) per annum, payable in equal monthly installments of One Hundred Twenty-Two Thousand Three Hundred Fifty-Five and 75/100 Dollars ($122,355.75), Should the Commencement Date occur other than on the first day of each month during the Term. 3.2 If the Commencement Date shall occur on a date other than the first day of any calendar month, then the Monthly Base Rent payable hereunder for such the partial month shall be at the rate of $158,340 prorated on a per-diem basis and for such partial month, which shall be paid on the first day of the first full month following Commencement Date. On the Commencement Date. 3.3 Provided that Subtenant is not then in default under this Sublease (beyond any applicable notice and cure period), Subtenant Tenant shall be entitled pay to an aggregate credit of Seven Hundred Thirty-Four Thousand One Hundred Thirty-Four and 50/100 Dollars (Landlord $734,134.50) to be applied in six (6) equal installments against 158,340.00 representing Monthly Base Rent due hereunder for the first six (6) full calendar months following month of the month in which the Commencement Date occursTerm. 3.4 If Subtenant shall fail to pay when due any installment of Base Rent(b) During each calendar year (or part thereof) during the Term, additional rent or other costs, charges and sums payable by Subtenant hereunder (such additional rent or other costs, charges and sums, together with Base Rent, hereinafter collectively referred to as the “Rental”) for a period of five (5) business days after the date on which such installment or payment is due, Subtenant Tenant shall pay to Sublandlord, in addition to such installment of Base Rent or RentalLandlord, as the case may be a sum equal to interest at the Applicable Rate additional monthly rent (hereinafter defined"ADDITIONAL MONTHLY RENT") per annum on the amount unpaid, commencing from the date such payment was due to and including the date of payment. The “Applicable Rate” shall be the rate equal to the lesser of estimated by Landlord as described in SECTION 3.2: (i) three (3) percentage points above Tenant's Percentage Share specified in the rate Basic Lease Information of interest announced from time to time all CAM Expenses paid or incurred by Citibank, N.A. as its prime, reference or corporate based rate, changing as and when said prime, reference or corporate base rate changes or Landlord in such year; (ii) Tenant's Percentage Share specified in the maximum rate permitted Basic Lease Information of the total dollar amount of all Property Taxes paid or incurred by applicable lawLandlord in such year; and (iii) Tenant's Percentage Share specified in the Basic Lease Information of the total dollar amount of all Insurance Costs paid or incurred by Landlord in such year. 3.5 All Base Rent (c) Throughout the Term, Tenant shall pay, as additional rent, all other amounts of money and other Rental shall be paid charges required to Sublandlord at its address for payment of Rental as set forth in Section 13 hereof, unless Sublandlord shall otherwise so direct in writing by good and sufficient check (subject to collection) drawn on a nationally recognized bank so that “available funds” shall be paid immediately to Sublandlord. Upon Sublandlord’s notice to Subtenant, Base Rent and other Rental shall be paid by wire transfer Tenant under this Lease ("ADDITIONAL RENT"), whether or not such amounts of immediately available Federal Reserve Funds (hereinafter defined) to Sublandlord money or its designee pursuant to the instructions delivered by Sublandlordcharges are designated Additional Rent. As used herein, the term “Federal Reserve Funds” shall mean the receipt by a bank or banks in the Continental United States designated by Sublandlord of U. S. dollars in form that does not require further clearance, and may be applied at the direction of Sublandlord by such recipient bank or banks on the day of receipt of advice that such funds have been wire transferred. Subtenant’s obligation to make such payments shall survive the expiration or earlier termination of the Lease and/or this Sublease.Lease,

Base Rent and Additional Rent. 3.1 Subtenant shall pay to Sublandlord, as base rent (“Base Rent”) during the Term the following amount: One Million Four Hundred Sixty-Eight Thousand Two Hundred Sixty-Nine and No/100 Dollars ($1,468,269.00) per annum, payable in equal monthly installments of One Hundred Twenty-Two Thousand Three Hundred Fifty-Five and 75/100 Dollars ($122,355.75), 16.01. As set forth on the first day page of each month this Lease, during the Termterm hereof the rent reserved under this Lease shall be and consist of: (i) an annual fixed rent (the "Base Rent") in the following amounts for the following Lease Years: Lease Year $ Amount Base Rent $ Monthly Base Rent 1 271,824.00 22,652.00 2 282,696.96 23,558.08 3 288,463.98 24,038.67 4 333,267.18 27,772.27 5 340,865.67 28,405.47 6 347,853.42 28,987.79 7 393,816.42 32,818.04 8 402,559.14 33,546.60 9 410,690.83 34,224.24 10 419,068.93 34,922.41 (ii) such other sums of money as shall become due and payable by Tenant hereunder (hereinafter, "Additional Rent") including, without limitation, those items specified in Articles XI, XII, XVII, XIX and XXIV of this Lease, all of which sums shall be payable as hereinafter provided, all to be paid to Landlord, as specified on the first page of this Lease, subject, however, to increase, decrease or abatement as expressly provided in this Lease. In the event any installment of Base Rent or Additional Rent required pursuant to the provisions of this Lease to be paid by Tenant is not paid when due, such installment shall bear interest at the rate of sixteen (16%) percent per annum from the date said installment was due and payable, said interest to be deemed Additional Rent. In addition, Tenant shall pay upon demand by Landlord reasonable attorney's fees incurred by Landlord in connection with the collection or payment of said interest, said attorney's fees to be deemed Additional Rent. 3.2 (iii) so long as Tenant shall have duly kept and performed all of the terms, covenants, conditions, provisions and agreements to be kept and performed by Tenant under this Lease, Landlord shall grant to Tenant a credit of $33,978.00 to be applied to the Base Rent which would otherwise accrue for the first one and one-half (1 1/2) months occurring after the Commencement Date of the term hereof. If the Commencement Date shall occur on a date other than not be the first day of any calendar month, the Base Rent payable hereunder for such month rent credit shall be prorated on a per-diem basis and shall be paid on the first day of the first full month following the Commencement Date. 3.3 Provided that Subtenant is not then in default under this Sublease (beyond any applicable notice and cure period), Subtenant shall be entitled to an aggregate credit of Seven Hundred Thirty-Four Thousand One Hundred Thirty-Four and 50/100 Dollars ($734,134.50) to be applied in six (6) equal installments against Base Rent due hereunder for the first six (6) full calendar months following the month in which the Commencement Date occurs. 3.4 If Subtenant shall fail to pay when due any installment of Base Rent, additional rent or other costs, charges and sums payable by Subtenant hereunder (such additional rent or other costs, charges and sums, together with Base Rent, hereinafter collectively referred to as the “Rental”) for a period of five (5) business days after the date on which such installment or payment is due, Subtenant shall pay to Sublandlord, in addition to such installment of Base Rent or Rental, as the case may be a sum equal to interest at the Applicable Rate (hereinafter defined) per annum on the amount unpaid, commencing from the date such payment was due to and including the date of payment. The “Applicable Rate” shall be the rate equal to the lesser of (i) three (3) percentage points above the rate of interest announced from time to time by Citibank, N.A. as its prime, reference or corporate based rate, changing as and when said prime, reference or corporate base rate changes or (ii) the maximum rate permitted by applicable law. 3.5 All Base Rent and other Rental shall be paid to Sublandlord at its address for payment of Rental as set forth in Section 13 hereof, unless Sublandlord shall otherwise so direct in writing by good and sufficient check (subject to collection) drawn on a nationally recognized bank so that “available funds” shall be paid immediately to Sublandlord. Upon Sublandlord’s notice to Subtenant, Base Rent and other Rental shall be paid by wire transfer of immediately available Federal Reserve Funds (hereinafter defined) to Sublandlord or its designee pursuant to the instructions delivered by Sublandlord. As used herein, the term “Federal Reserve Funds” shall mean the receipt by a bank or banks in the Continental United States designated by Sublandlord of U. S. dollars in form that does not require further clearance, and may be applied at the direction of Sublandlord by such recipient bank or banks on the day of receipt of advice that such funds have been wire transferred. Subtenant’s obligation to make such payments shall survive the expiration or earlier termination of the Lease and/or this Subleasemanner set forth.