Example ContractsClausesAnnual Fixed Rent and Escalations for the Substitute Storage Space
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Tenant shall continue to pay annual fixed rent, additional rent, escalations and other charges for the Substitute Storage Space from the Substitute Storage Space Commencement Date through the Expiration Date at the rates and under the conditions set forth in the Lease, as modified by the Ninth Amendment, but shall have no obligations or liabilities accruing from and after the Substitute Storage Space Commencement Date with respect to the Storage Space which shall no longer be a part of the Premises.

Tenant shall pay annual fixed rent for the Additional Space (including electric) from the A.S. Commencement Date through the Expiration Dale at the following rates:

The parties acknowledge that Tenant has inspected the Substitute Storage Space and the Building and is fully familiar with the physical condition thereof and Tenant agrees to accept the Substitute Storage Space at the Substitute Storage Space Commencement Date in its then “as is” condition. Tenant acknowledges and agrees that Landlord shall have no obligation to do any work in or to the Substitute Space in order to make it suitable and ready for occupancy and use by Tenant except to the extent expressly provided for in this [Article 3].

the Annual Fixed Rent payable pursuant to [Section 5.l(a)(ii)] above with respect to the Existing Premises (excluding the Entire 3rd Floor Space and Storage Space) only shall be abated for the period commencing on and ending on ;

With respect to the Existing Premises (excluding the Entire 3rd Floor Space and the Storage Space) only, from and after and through and including the New Expiration Date, Tenant shall pay Annual Fixed Rent (payable at the times and in the manner set forth in the Existing Lease) pursuant to [Exhibit E-1]1] annexed hereto.

In addition to the payment of annual fixed rent as hereinabove provided, Tenant shall continue to pay additional rent and other charges for the Premises as originally provided for in the Lease provided, however, that as of the A.S. Commencement Date, solely with respect to the Additional Space: # the “Tax Base” as such term is defined in [Section 4.01(b)] of the Lease, shall mean the Taxes which would be paid by Landlord for the fiscal tax year commencing and ending on ; # the “Tenant’s Proportionate Share” as such term is defined in [Section 4.01(d)] of the Lease, shall mean 0.1045%; and # the provisions of [Article 4] of the Lease that pertain to Operating Expense Escalations shall not be applicable to the Additional Space, and Tenant shall not be obligated to pay increases in annual fixed rent and/or additional rent accruing under the provisions thereof for Operating Expenses.

The term of the Lease with respect to the Substitute Storage Space shall continue under the same terms, covenants and conditions contained in the Lease, except to the extent specifically modified by this Agreement for a term (the “Substitute Storage Space Term”), commencing on the Substitute Storage Space Commencement Date and ending on the Expiration Date or on such earlier date upon which the term of the Lease shall expire, be canceled or terminated pursuant to any of the conditions or covenants of the Lease or pursuant to law (and the term “Premises”, as used in the Lease, shall from and after the Substitute Storage Space Commencement Date, mean the Premises and the Substitute Storage Space).

Tenant acknowledges and agrees that electric service shall be supplied to the Substitute Storage Space as of the Substitute Storage Space Commencement Date in accordance with the provisions of [Article 7] of the Ninth Amendment.

As of , the annual fixed rent of specified in the Lease shall be payable in monthly installments, except that the previous prepayment of fixed rent by your Company shall be taken as a credit of for each of the 12 months in the period through (12 x = ). Therefore, it is agreed that subject to the provisions of Paragraph 7 below, the fixed rent shall be per month during 1997.

(a) “annual fixed rent” of for the period commencing on the day that is 16 months after the Commencement Date (the “Rent Commencement Date”) and ending on the last day of the month in which the fifth anniversary of the Rent Commencement Date occurs and for the balance of the term of this lease; provided, however, that # if Tenant shall have been discharged as managing agent of the Building without cause (as determined pursuant to the management agreement of even date herewith between Landlord and Tenant) or if Landlord shall retain an entity other than Tenant as the exclusive leasing agent for the Building on or prior to the second anniversary of the Rent Commencement Date, the annual fixed rent for the balance of the period ending on the fifth anniversary of the Rent Commencement Date shall be reduced by the sum of and the annual fixed rent for the balance of the stated term of the lease shall be ; and # if such retention of another entity as exclusive leasing agent for the Building or discharge shall occur # with cause prior to the second anniversary of the Rent Commencement Date and without regard to the entity acting as exclusive leasing agent or # with or without cause thereafter, then the annual fixed rent shall be during the last five years of the term of this lease or such portion thereof as shall remain after such discharge or retention, as the case may be.

If Tenant timely delivers the Acceptance Notice, then, on the date on which Landlord delivers vacant, broom clean possession of the Offer Space to Tenant (the “Offer Space Inclusion Date”), such Offer Space shall become part of the Premises upon all of the terms and conditions set forth in this Lease, except # Annual Fixed Rent shall be increased by the applicable Fair Offer Rent (as hereinafter defined), # “Tenant’s Proportionate Share” (as defined in [Section 4.01(d)] of the Original Lease) for purposes of determining the Tax Payment shall be increased by a fraction, expressed as a percentage, the numerator of which is the rentable square footage of the Offer Space and the denominator of which is the rentable square footage of the entire Building, # “Tenant’s Proportionate Share” (as defined in [Section 4.05(e)] of the Original Lease) for purposes of determining of the Operating Expense Payments shall be increased by a fraction, expressed as a percentage, the numerator of which is the rentable square footage of the Offer Space and the denominator of which is the rentable square footage of the non-retail portion of the Building, # the term “Tax Base” (as defined in [Section 4.01(b)] of the Original Lease) shall be deemed to mean “the Taxes which would be paid by Landlord for the calendar year in which the Offer Space Inclusion Date shall occur, # the term “Operating Expense Base” (as defined in [Section 4.05(c)] of the Original Lease) shall mean “the Operating Expenses for the calendar year in which the Offer Space Inclusion Date shall occur, adjusted if actual occupancy of the Building is less than 95% to reflect the Operating Expenses that would have been incurred were the Building not less than 95% occupied; and # Landlord shall not be required to perform any other work, to pay any work allowance or any other amount, or to render any services to make the Building or such Offer Space ready for Tenant’s use or occupancy or to provide any abatement of Annual Fixed Rent or additional rent; and Tenant shall accept the Offer Space in its “as is” condition on the applicable Offer Space Inclusion Date; provided, however, that the Offer Space shall be delivered, at Landlord’s election either sprinklered in compliance with applicable laws or with a temporary sprinkler loop installed therein.

Phase 1 Expansion Space Minimum Rent. Notwithstanding anything to the contrary in the Lease, the Minimum Rent to be applied to the Phase 1 Expansion Space shall be per rentable square foot and shall increase by two and one-half percent (2.5%) each year upon the anniversary of the Phase 1 Rent Commencement Date as set forth in the table below:

TPI shall deliver the finished Components to the Storage Yard in shipping fixtures provided by GEII that are capable of appropriately transporting the Components from the Production Facility to the Storage Yard. GEII shall provide shipping fixtures to the Storage Yard. TPI shall be responsible for transfer of the shipping fixtures to the Production Facility for the loading and transportation of the blades to the Storage Yard. TPI shall be responsible for the proper care of the shipping fixtures, and all unloading of trailers at the Storage Yard. All damages or losses at the Storage Yard, including without limitation, the Components shall be borne by TPI, and TPI shall be responsible for insuring against risk of loss or damage at the Storage Yard. The parties understand that TPI shall have no obligation to provide any storage of finished Components at the Production Facility.

Annual fixed rent for the period to in the aggregate sum of shall be paid on or before .

The Lease, as modified by this Agreement, represents the entire understanding between the parties with regard to the matters addressed herein and may only be modified by written agreement executed by all parties hereto. All prior understandings or representations between the parties hereto, oral or written, with regard to the matters addressed herein, other than the Lease, are hereby merged herein. Tenant acknowledges that neither Landlord nor any representative or agent of Landlord has made any representation or warranty, express or implied, as to the physical condition, state of repair, layout, footage or use of the Substitute Storage Space or any matter or thing affecting or relating to the Substitute Storage Space except as specifically set forth in this Agreement. Tenant has not been induced by and has not relied upon any statement, representation or agreement, whether express or implied, not specifically set forth in this Agreement. Landlord shall not be liable or bound in any manner by any oral or written statement, broker’s “set-up”,” representation, agreement or information pertaining to the Substitute Storage Space or this Agreement furnished by any real estate broker, agent, servant, employee or other person, unless specifically set forth herein, and no rights are or shall be acquired by Tenant by implication or otherwise unless expressly set forth herein.

Base Rent Prior to the Substitute Premises Commencement Date, Tenant shall continue to pay Base Rent with respect to the Original Premises in accordance with the terms of the Lease. Commencing as of the Substitute Premises Commencement Date, and continuing throughout the Substitute Premises Term, Tenant shall pay to Landlord monthly installments of Base Rent for the Substitute Premises as follows:

Substitute Options. The Company may grant Options in substitution for options held by employees, officers or directors of, or consultants or advisors to, another corporation who become employees, officers or directors of, or consultants or advisors to, the Company, as the result of a merger or consolidation of the employing corporation with the Company or as a result of the acquisition by the Company of property or stock of the employing corporation. The Company may direct that substitute Options be granted on such terms and conditions as the Board considers appropriate in the circumstances.

Substitute Awards. Notwithstanding any other provision of the Plan, the terms of Substitute Awards may vary from the terms set forth in the Plan to the extent the Committee deems appropriate to conform, in whole or in part, to the provisions of the awards in substitution for which they are granted.

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