BASIS OF THE SQUARE
FOOTAGE OF THE
29
LEASED PREMISES THAT TENANT OCCUPIED DURING THAT CALENDAR MONTH.
THE ANNUAL
BASE RENT RATE FOR THE LEASED PREMISES DURING THE TERM WILL BE TWO DOLLARS AND
NO/100 ($2.00) PER SQUARE FOOT.
By way of example only, if Tenant Occupies 100,000 square feet of the Leased
Premises during a particular calendar month, Tenant will (subject to Sections
605(B) and (C) below) pay the Authority Base Rent for that calendar month in the
amount of $16,666.67 (i.e., 100,000 square feet x $2.00 per square foot per
annum /12 months).
(2)
AS IT RELATES TO OCCUPANCY AND SUBSEQUENT
DE-OCCUPANCY OF LEASED PREMISES, IF TENANT OCCUPIES A PARTICULAR PORTION OF THE
LEASED PREMISES DURING LESS THAN ALL OF A CALENDAR MONTH, TENANT SHALL PAY A
PRORATED PORTION OF THE BASE RENT FOR THAT CALENDAR MONTH BASED ON THE NUMBER OF
DAYS TENANT OCCUPIES THAT PORTION OF THE LEASED PREMISES.
(3)
NOTWITHSTANDING ANYTHING IN THIS LEASE TO
THE CONTRARY, HOWEVER, AND REGARDLESS OF WHICH (IF ANY) PORTIONS OF THE LEASED
PREMISES THAT TENANT ELECTS TO ACTIVATE AND REGARDLESS OF WHICH (IF ANY)
PORTIONS OF THE LEASED PREMISES THAT TENANT IS OCCUPYING OR USING FROM TIME TO
TIME, TENANT HEREBY AGREES THAT COMMENCING ON THE EARLIER OF (A) DECEMBER 1,
2004 OR (B) THE FIRST DATE THAT ANY AIRCRAFT OF TENANT'S CUSTOMER(S) IS LOCATED
AT THE LEASED PREMISES, AND CONTINUING THEREAFTER DURING THE TERM OF THIS LEASE,
TENANT SHALL BE OBLIGATED TO PAY MONTHLY BASE RENT ON AT LEAST TWO (2) BAYS PLUS
THE HANGAR 4 OFFICE SPACE (THE "MINIMUM BASE RENT").
MINIMUM BASE RENT IS
SUBJECT TO INCREASE AS PROVIDED IN SECTION 401(G) AND SECTION 2105(A)(3) OF THIS
LEASE.
(B)
ADDITIONAL RENT.
(1)
SUBJECT TO THE OTHER PROVISIONS OF THIS
SECTION 601(B) AND SECTIONS 605(B) AND (C) OF THIS LEASE, IN CONSIDERATION FOR
THE AUTHORITY'S OPERATIONS AND MAINTENANCE OBLIGATIONS UNDER THIS LEASE WITH
RESPECT TO THE FACILITIES, INCLUDING
PROVIDING UTILITIES AND PERFORMANCE OF
THOSE OBLIGATIONS SET FORTH IN ARTICLES X AND XI OF THIS LEASE, TENANT WILL PAY
THE AUTHORITY MONTHLY ADDITIONAL RENT ("ADDITIONAL RENT"), IN ARREARS, ON OR
BEFORE THE FIFTEENTH (15TH) DAY OF EACH CALENDAR MONTH FOR THE PRIOR CALENDAR
MONTH.
SUBJECT TO SECTION 601(B)(8) BELOW, THE ADDITIONAL RENT THAT IS ASSESSED
BY THE AUTHORITY FOR A PARTICULAR CALENDAR MONTH WILL BE CALCULATED SOLELY ON
BASIS OF THE SQUARE FOOTAGE OF THE LEASED PREMISES THAT WAS OCCUPIED BY TENANT
DURING THAT CALENDAR MONTH.
(2)
DURING THE INITIAL TERM, TENANT'S MONTHLY
PAYMENTS OF ADDITIONAL RENT SHALL BE PAID BASED UPON AN ANNUAL ADDITIONAL RENT,
PER CALENDAR YEAR, OF SIX DOLLARS AND 20/100 ($6.20) PER SQUARE FOOT (THE
"ADDITIONAL RENTAL PER SQUARE FOOT PER ANNUM").
WITHIN ONE HUNDRED TWENTY (120)
DAYS AFTER THE END OF EACH CALENDAR YEAR DURING THE TERM, THE AUTHORITY SHALL
PROVIDE TENANT WITH A STATEMENT SHOWING THE ACTUAL COSTS AND EXPENSES INCURRED
BY THE AUTHORITY IN OWNING, OPERATING, INSURING, MAINTAINING, REPAIRING, AND
REPLACING THE LAND, THE FACILITIES, THE FACILITIES SYSTEMS, THE EQUIPMENT,