Common use of Fixed Annual Rent Clause in Contracts

Fixed Annual Rent. Lessee shall pay the Fixed Annual Rent for the Premises. Monthly installments of Fixed Annual Rent shall be due and payable in advance on the first Business Day of each month during the Term without notice or demand and without any abatement, setoff or deduction whatsoever. Such payments by Lessee to Lessor shall be effected by electronic funds transfers (debit entries) initiated by Lessor to Lessee’s bank account, and Lessee hereby authorizes Lessor to effect such payments in such manner as such amounts become due. At Lessor’s request from time to time, Lessee shall provide all necessary authorities and permissions to allow Lessor to initiate electronic funds transfers for payment of Fixed Annual Rent with the intention that funds transfer to Lessor on the first Business Day of each month. Lessee shall not be in default of its obligation to pay Fixed Annual Rent if payment is being made by electronic funds transfers intended to be initiated by Lessor pursuant to the provisions hereof and Lessor fails to initiate such electronic funds transfer. Lessor shall endeavor to provide a courtesy notice to Lessee of the amount to be drafted by Lessor approximately five (5) days prior to the transfer. At any time and from time to time, upon no less than ten (10) Business Days prior written notice from Lessor to Lessee, Lessor may elect instead to have Lessee itself initiate and pay all amounts payable under this Lease by electronic funds transfer or wire transfer of immediately available funds to the following account for Lessor: CREDIT: Getty Properties Corp. ABA#: [***]183 ACCOUNT Number: [***]184

Fixed Annual Rent. (a) Lessee shall pay the Fixed Annual Rent for the Premises. Monthly installments of Fixed Annual Rent shall be due and payable in advance on the first Business Day business day of each month during the Term without notice or demand and without any abatement, setoff or deduction whatsoever. Such payments by Lessee to Lessor shall be effected by electronic funds transfers (debit entries) initiated by Lessor to Lessee’s bank account, and Lessee hereby authorizes Lessor to effect such payments in such manner as such amounts become due. At Lessor’s request from time to time, Lessee shall provide all necessary authorities and permissions to allow Lessor to initiate electronic funds transfers for payment of Fixed Annual Rent with the intention that funds transfer to Lessor on the first Business Day business day of each month. Lessee shall not be in default of its obligation to pay Fixed Annual Rent if payment is being made by electronic funds transfers intended to be initiated by Lessor pursuant to the provisions hereof and Lessor fails to initiate such electronic funds transfer. Lessor shall endeavor to provide a courtesy notice to Lessee of the amount to be drafted by Lessor approximately five (5) days prior to the transfer. At any time and from time to time, upon no less than ten (10) Business Days prior written notice from Lessor to Lessee, Lessor may elect instead to have Lessee itself initiate and pay all amounts payable under this Lease by electronic funds transfer or wire transfer of immediately available funds to the following account for Lessor: CREDIT: Getty Properties Corp. ABA#: ▇▇▇▇▇▇▇▇▇ ACCOUNT Number: 893-110612 (b) Commencing on the third (3rd) anniversary of the Commencement Date, and on every third (3rd) anniversary of the Commencement Date thereafter during the Term of this Lease, including Renewal Terms (each, an “Adjustment Date”), the Fixed Annual Rent then in effect shall be increased by [***]183 ACCOUNT Number: [***]184. (c) If this Lease commences or terminates on a day which is not the first or the last day of the month, as the case may be, then Fixed Annual Rent for the month in which this Lease commences or terminates shall be prorated. Lessee agrees that if any monthly installment of Fixed Annual Rent shall be due and unpaid for five (5) business days after Lessee receives written notice from Lessor, Lessor shall then have the right to terminate this Lease, subject to the terms and provisions of Section 24 below and pursue its remedies at law or in equity in accordance with the terms of this Lease, including eviction, ejectment or dispossession, under Section 24 of this Lease or otherwise.