LABOR OR SERVICE TO OR FOR TENANT, AND TENANT
PAYING ALL REAL ESTATE TAXES, AND OPERATING, REPAIR, REPLACEMENT AND MAINTENANCE
COSTS OF THE PREMISES DURING THE TERM, AS MORE PARTICULARLY PROVIDED IN THIS
LEASE.
2.
Rent.
TENANT COVENANTS TO PAY TO LANDLORD THE ANNUAL BASE RENT ("BASE RENT") SET FORTH
BELOW, AND THE ADDITIONAL RENT REQUIRED TO BE PAID PURSUANT TO THE TERMS OF THIS
LEASE.
BASE RENT AND SUCH ADDITIONAL RENT AND CHARGES WHICH TENANT SHALL BE
REQUIRED TO PAY UNDER THIS LEASE ARE HEREINAFTER SOMETIMES REFERRED TO
COLLECTIVELY AS "RENT."
BASE RENT SHALL BE AS FOLLOWS:
Twelve Million Two Hundred Fifty Thousand And 00/100 ($12,250,000.00) Dollars
per annum.
(A)
TENANT SHALL PAY THE BASE RENT IN EQUAL MONTHLY INSTALLMENTS IN ADVANCE
ON THE FIRST DAY OF EACH CALENDAR MONTH INCLUDED IN THE TERM.
IF THE
COMMENCEMENT DATE OR THE EXPIRATION DATE IS NOT THE FIRST DAY OR LAST DAY OF A
MONTH, AS THE CASE MAY BE, THE RENT FOR SUCH MONTH SHALL BE PRORATED BASED UPON
THE ACTUAL NUMBER OF DAYS IN SUCH MONTH.
(B)
ALL RENT SHALL BE PAID IN LAWFUL MONEY OF THE UNITED STATES WHICH SHALL
BE LEGAL TENDER IN PAYMENT OF ALL DEBTS AND DUES, PUBLIC AND PRIVATE, AT THE
TIME OF PAYMENT, (A) IN THE CASE OF BASE RENT, BY WIRE TRANSFER OF IMMEDIATELY
AVAILABLE FEDERAL FUNDS AS DIRECTED BY LANDLORD AND (B) IN THE CASE OF ALL OTHER
SUMS, EITHER BY WIRE TRANSFER AS AFORESAID OR BY CHECK (SUBJECT TO COLLECTION)
DRAWN ON A NEW YORK CLEARING HOUSE ASSOCIATION MEMBER BANK AT THE ADDRESS OF
LANDLORD SET FORTH IN THIS LEASE OR AT SUCH OTHER PLACE AS LANDLORD IN WRITING
MAY DESIGNATE, IN EACH CASE AT THE TIMES PROVIDED HEREIN WITHOUT NOTICE OR
DEMAND AND WITHOUT SETOFF, DEDUCTION OR COUNTERCLAIM.
(C)
UNLESS ANOTHER TIME SHALL BE HEREIN EXPRESSLY PROVIDED, ANY ADDITIONAL
RENT SHALL BE DUE AND PAYABLE WITHIN THIRTY (30) DAYS AFTER TENANT'S RECEIPT OF
AN INVOICE THEREFOR, AND LANDLORD SHALL HAVE THE SAME REMEDIES FOR FAILURE TO
PAY ADDITIONAL RENT AS FOR A NONPAYMENT OF BASE RENT.
(D)
EACH AND EVERY PAYMENT, OTHER THAN BASE RENT (AND OTHER THAN COSTS FOR
ANY ALTERATIONS PERFORMED BY TENANT OR ANY REPAIRS OR REPLACEMENTS TO THE
PREMISES), WHICH ARE REQUIRED TO BE PAID BY TENANT UNDER THIS LEASE SHALL BE
DEEMED TO BE ADDITIONAL RENT HEREUNDER, WHETHER OR NOT THE PROVISIONS REQUIRING
PAYMENT OF SUCH AMOUNTS SPECIFICALLY SO STATE, AND, IN THE CASE OF THE
NONPAYMENT OF ANY SUCH AMOUNT, LANDLORD SHALL HAVE, IN ADDITION TO ALL OF ITS
OTHER RIGHTS AND REMEDIES, ALL OF THE RIGHTS AND REMEDIES AVAILABLE TO LANDLORD
HEREUNDER OR BY LAW IN THE CASE OF NON-PAYMENT OF BASE RENT.
3.
Impositions.
(A)
FOR PURPOSES OF THIS LEASE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(I)
"IMPOSITIONS" SHALL MEAN ALL REAL ESTATE
TAXES, ASSESSMENTS, SPECIAL ASSESSMENTS, WATER METER, SEWER RENTS AND WATER
CHARGES, ALL OTHER TAXES AND CHARGES OF EVERY KIND AND NATURE WHATSOEVER,
ORDINARY OR EXTRAORDINARY,