IN SUCH EVENT, THE RENT (HEREINAFTER DEFINED) FOR THE
MONTH IN WHICH SUCH TERMINATION OCCURS SHALL BE PRO-RATED BASED ON THE ACTUAL
NUMBER OF DAYS IN SUCH MONTH UNLESS SUCH TERMINATION WAS THE RESULT OF A DEFAULT
BY SUBTENANT HEREUNDER.
2.
BASE RENT.
SUBTENANT SHALL PAY TO
SUBLANDLORD AS AND FOR A MONTHLY BASE RENT ("BASE RENT") FOR THE PREMISES
$6,000.00, PAYABLE IN ADVANCE AND WITHOUT NOTICE OR DEMAND, COMMENCING ON THE
EARLIER OF (I) THE COMMENCEMENT DATE, OR (II) THE DATE SUBTENANT COMMENCES
BUSINESS IN THE PREMISES (SUCH EARLIER DATE BEING THE "RENT COMMENCEMENT DATE")
AND ON OR PRIOR TO THE FIRST DAY OF EACH MONTH DURING THE TERM OF THIS SUBLEASE,
EXCEPT THAT SUBTENANT SHALL PAY TO SUBLANDLORD THE FIRST FULL MONTHLY
INSTALLMENT WITH SUBTENANT'S EXECUTION AND RETURN OF THIS SUBLEASE.
THE BASE
RENT INCLUDES ALL OF THE SERVICES PROVIDED BY LANDLORD UNDER THE MASTER LEASE,
INCLUDING, WITHOUT LIMITATION, EXHIBIT D-1 OF THE MASTER LEASE (WHICH INCLUDES
JANITORIAL SERVICES) AND SECURITY SERVICES TO THE EXTENT PROVIDED BY LANDLORD,
AND USE OF EXISTING COPIERS, CONFERENCE ROOMS, MAIL ROOM AND COFFEE SERVICE AND
ALL OTHER SERVICES PROVIDED TO THE PREMISES ON OR PRIOR TO THE DATE HEREOF.
3.
ADDITIONAL RENT.
(A)
IN ADDITION TO THE BASE RENT SET FORTH
ABOVE, COMMENCING ON THE RENT COMMENCEMENT DATE, SUBTENANT SHALL PAY TO
SUBLANDLORD AS ADDITIONAL RENT ("ADDITIONAL RENT"), THE FOLLOWING:
(I)
ADDITIONAL RENT EQUAL TO 100% OF ANY AND
ALL ADDITIONAL RENT PAYABLE BY SUBLANDLORD UNDER ANY PROVISIONS OF THE MASTER
LEASE (OTHER THAN BASE RENT AND ADDITIONAL RENT PAYABLE THEREUNDER) TO THE
EXTENT THE SAME RELATES TO THE PREMISES OR IS INCURRED BY SUBTENANT;
(II)
THE COST OF ANY ADDITIONAL SERVICES OR
MATERIALS REQUESTED OF LANDLORD BY OR ON BEHALF OR AT THE REQUEST OF SUBTENANT;
AND
(III)
ANY OTHER AMOUNTS PAYABLE BY SUBTENANT
PURSUANT TO THE PROVISIONS OF THIS SUBLEASE.
(B)
THE AFORESAID ADDITIONAL RENT SHALL BE
PAYABLE BY SUBTENANT TO SUBLANDLORD WITHIN TEN (10) BUSINESS DAYS AFTER
PRESENTATION BY SUBLANDLORD TO SUBTENANT OF THE BILLS THEREFOR, WHETHER ISSUED
DURING OR AFTER THE TERM OF THIS SUBLEASE.
THIS PARAGRAPH 3 SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS SUBLEASE.
(C)
BASE RENT AND ADDITIONAL RENT IS REFERRED
TO IN THIS SUBLEASE COLLECTIVELY AS "RENT".
4.
PAYMENT OF RENT.
ALL RENT SHALL BE
PAID TO SUBLANDLORD, OR AS SUBLANDLORD MAY DIRECT BY NOTICE TO SUBTENANT, IN
LAWFUL MONEY OF THE UNITED STATES OF AMERICA WHICH SHALL BE LEGAL TENDER FOR
PAYMENT OF ALL DEBTS AND DUES, PUBLIC AND PRIVATE, AT THE TIME OF PAYMENT,
WITHOUT ANY ABATEMENT, DEDUCTION, SET-OFF OR COUNTERCLAIM WHATSOEVER.
SUBLANDLORD SHALL HAVE THE SAME REMEDIES FOR DEFAULT IN THE PAYMENT OF
ADDITIONAL RENT AS FOR DEFAULT IN THE PAYMENT OF BASE RENT.
RENT SHALL BE PAID
TO SUBLANDLORD AT THE FOLLOWING ADDRESS, OR TO SUCH OTHER ADDRESS AS SUBLANDLORD
SHALL NOTIFY SUBTENANT IN WRITING:
Payments Via Ordinary Mail:
P.O. Box 34643
Newark, New Jersey 07189-4643
2
Payments Via Courier:
Fleet Wholesale Lockbox
Attention:
Monster Worldwide/#34643