Rent Contract Clauses (888)

Rent. Lessee shall pay to Lessor rent for the Premises of Two Thousand Nine Hundred four and no/100ths Dollars ($2,904.00) per month in lawful money of the United States of America, subject to adjustment or offset, prior notice or demand, at such place as may be designated from time to time by Lessor as follows: $2,904.00 shall be paid upon execution of the Lease, which sum represents the amount of the first month's rent. A deposit of $3,300.00 as a Security Deposit shall be made by Lessee and held by... the Lessor pursuant to Paragraph 5 of this Lease, and shall also be paid upon execution of the Lease. If Lessee is not in default of any provisions of this Lease, this sum, without interest thereon, shall be returned to Lessee after Lessee vacates the Premises and satisfies all conditions in Paragraph 4 of the Lease. $2,904.00 shall be paid on July 1, 2012 and in advance of the first (1st) day of each month until May 31, 2013. $3,190.00 shall be paid on June 1, 2013 and in advance of the first (1st) day of each month until May31, 2014. $3,300.00 shall be paid on June 1, 2014 and in advance of the first (1st) day of each month until May 31, 2015. Rent for any period during the term hereof which is for less than one (1) full month shall be a pro-rata portion of the monthly rent payment. Lessee acknowledges that late payment by Lessee to Lessor of rent or any other payment due Lessor will cause Lessor to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Lessor by the terms of any encumbrances and note secured by any encumbrance covering the Premises. Therefore, if any installment of rent or other payment due from Lessee is not received by Lessor within five (5) days following the date it is due and payable, Lessee shall pay to Lessor an additional sum of five (5%) percent of the overdue amount as a late charge, except for the first failure to make a payment of rent or other amount when due in each lease year of the Lease. Further, in only this event, said late charge will not be imposed until such failure to pay has not occurred within three (3) business days after Lessor has delivered written notice to Lessee that such payment is due. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee. Acceptance of any late charge shall not constitute a waiver of Lessee's default with respect to the overdue amount, nor prevent Lessor from exercising any of the other rights and remedies available to Lessor. 1 If for any reason whatsoever, Lessor cannot deliver possession of the Premises on the commencement date set forth in Paragraph 2 above, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom; but in such event, Lessee shall not be obligated to pay rent until possession of the Premises is tendered to Lessee and the commencement and termination dates of this Lease shall be revised to conform to the date of Lessor's delivery of possession. In the event that Lessor shall permit Lessee to occupy the Premises prior to the commencement date of this term, such occupancy shall be subject to all of the provisions of this Lease, including the obligation to pay rent at the same monthly rate as that prescribed for the first month of the Lease term. A. Cost of Living Increase. The rent payable in advance on the first day of each month succeeding _______________, _____, shall be determined in the following manner: The All Urban Consumer Price Index (all items) for the San Francisco/Oakland Metropolitan Area published by the United States Department of Labor, Bureau of Labor Statistics "Index", which is published most immediately preceding the date of ______________, ____, shall be compared with the Index published for the date at commencement of the Lease ("Beginning Index"). If the _____________, ___, Index has increased over the Beginning Index, the monthly rent payable during the ___________, ____, to ___________,_____, period shall be set by multiplying the monthly rent paid for the period from ___________, ____, to _________, ____, by a fraction, numerator of which is ______________, ____, Index and the denominator of which is the Beginning Index. In no event shall the monthly rent as determined by this adjustment be less than the monthly rent immediately prior to such adjustment. On adjustment of monthly rent as herein provided Lessor shall notify Lessee in writing of the new monthly rent. View More

Rent. Article 3 of the Lease is deleted in its entirety, and the following text is hereby substituted therefor: ARTICLE 3. RENT The parties acknowledge that rent for the Premises for entire Lease term has been paid in full in advance, in accordance with the terms of that certain Contribution, Conveyance and Assumption Agreement dated as of November 15, 2012 by and among Tesoro Corporation, Landlord, Tesoro Logistics GP, LLC, Tesoro Logistics LP and Tenant (the "2012 Contribution Agreement"), that cert...ain Contribution, Conveyance and Assumption Agreement dated as of July 1, 2014, by and among Tesoro Corporation, Landlord, Tesoro Logistics GP, LLC, Tesoro Logistics LP, Tenant, Tesoro Alaska Company, LLC, and Tesoro Logistics Pipelines LLC (the "2014 Contribution Agreement"), and that certain Contribution, Conveyance and Assumption Agreement of even date herewith, by and among Andeavor, Landlord, Andeavor Logistics LP, and Tenant, as amended, restated, modified or supplemented from time to time (the "2017 Contribution Agreement"). The 2012 Contribution Agreement, the 2014 Contribution Agreement, and the 2017 Contribution Agreement are collectively hereafter referred to as the "Contribution Agreement." 2 4. Permitted Use. Section 6.01 of the Lease (as amended by the First Amendment) is amended by substituting "the Original Premises and the Additional Rail Facility Premises" for "the Existing Premises" wherever those terms may appear in such Section 6.01. View More

Rent. (a) Beginning on the Commencement Date, Subtenant agrees to pay, as gross rent for the Premises the ("Rent"), the monthly rent set forth in the table below. All payments of Rent shall be made to the Sublandlord at the Sublandlord's address set forth in the opening paragraph of this Sublease, or to such other payee or at such other address as may be designated by notice in writing from Sublandlord to Subtenant, without prior demand therefor and without any setoff or deduction whatsoever. Period A...nnual Rent Monthly Rent January 1, 2018 – December 31, 2018 $ 156,850.50 $ 13,070.88 January 1, 2019 – December 31, 2019 $ 159,926.00 $ 13,327.17 January 1, 2020 – December 31, 2020 $ 163,001.50 $ 13,583.46 January 1, 2021 – July 31, 2021 $ 96,878.25 * $ 13,839.75 * Prorated for partial year (b) Notwithstanding the foregoing, Rent shall be 100% abated for the first month of the Term, such that the first installment of Rent shall be payable on February 1, 2018. (c) Subtenant's covenant to pay Rent shall be independent of every other covenant in this Sublease. If Rent is not paid when due, Subtenant shall pay, relative to the delinquent payment, an amount equal to the sum which would be payable by Sublandlord to Master Landlord for an equivalent delinquency under the Master Lease. To the extent Subtenant's specific use or occupancy of the Premises gives rise to any additional charges from Master Landlord to Sublandlord, pursuant to the terms of the Master Lease, Subtenant shall, upon demand, directly pay to Master Landlord, or reimburse Sublandlord, an amount equal to such charges. (d) Subtenant shall also pay, as and when due, all taxes and assessments levied against trade fixtures, alterations, additions, improvements, inventories and other personal property located at the Premises and/or installed or maintained on the Premises by Subtenant; and, promptly following request therefor from Sublandlord, Subtenant shall provide Sublandlord copies of receipts for payment of all such taxes and assessments. To the extent any such taxes or assessments are not separately assessed or billed to Subtenant, Subtenant shall pay the amount thereof as invoiced by Sublandlord. (e) Except for utilities that are the responsibility of the Master Landlord under the Master Lease, Subtenant shall transfer all utilities for the Premises into its name and shall pay all charges for such utilities as they become due. View More

Rent. Paragraph 5.E. (i) of the Lease is hereby amended to add the following sentence: "The monthly Base rent during the Sixth Extension Term shall increase by three percent (3%) on an annual basis as set forth in the following schedule: Period Rentable Monthly Monthly Square Feet Rate Per Base Rent RSF February 1, 2018 to January 31, 2019 14,485 $3.91 $56,636.35 February 1, 2019 to January 31, 2020 14,485 $4.03 $58,374.55 8. Miscellaneous. 8.1 This FIFTH Amendment, which is hereby incorporated into a...nd made a part of the Lease, sets forth the entire agreement between the parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements. Under no circumstances shall Tenant be entitled to any further Rent abatement, improvement allowance, leasehold improvements, or other work to the Premises, or any similar economic incentives that may have been provided Tenant in connection with entering into the Lease, unless specifically set forth in this Fifth Amendment. Tenant may disclose the terms and conditions of the Lease, as amended by this FIFTH Amendment, if required by applicable law which shall include the requirements of the United States Securities and Exchange Commission. 8.2 Except as herein modified or amended, the provisions, conditions and terms of the Lease shall remain unchanged and in full force and effect. 8.3 In the case of any inconsistency between the provisions of the Lease, and this FIFTH Amendment, the provisions of this FIFTH Amendment shall govern and control. 8.4 Submission of this fifth Amendment by Landlord is not an offer to enter into this FIFTH Amendment but rather is a solicitation for such an offer by Tenant. Landlord shall not be bound by this FIFTH Amendment until Tenant and Landlord have executed this FIFTH Amendment and Landlord has delivered the same to Tenant. 8.5 Tenant hereby represents to Landlord that Tenant has dealt with no real estate brokers or agents in connection with this FIFTH Amendment. Tenant agrees to indemnify and hold Landlord, its members, principals, beneficiaries, partners, officers, directors, employees, mortgagee(s) and agents, and the respective principals and members of any such real estate brokers or agents (collectively, the "Landlord Related Parties") harmless from all claims of any real estate brokers or agents claiming to have represented Tenant in connection with this FIFTH Amendment. Landlord hereby represents to Tenant that Landlord has dealt with no real estate brokers or agents in connection with this FIFTH Amendment. Landlord agrees to indemnify and hold Tenant, its members, principals, beneficiaries, partners, officers, directors, employees, and agents, and the respective principals and members of any such real estate brokers or agents (collectively, the "Tenant Related Parties") harmless from all claims of any real estate brokers or agents claiming to have represented Landlord in connection with this FIFTH Amendment. 8.6 Each signatory of this FIFTH Amendment represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting. View More

Rent. 4.1 Base Rent. During the Sublease Term, Subtenant shall pay Sublandlord the Base Rent as set forth in Section 1 above, without set-off or deduction whatsoever. Base Rent shall be due and payable by Subtenant in immediately available funds, in advance on or before the first day of each calendar month without notice or demand. 4.2 Tenant's Share of Operating Expenses. In addition to the Base Rent, Subtenant shall pay when due under the Master Lease (i) any and all charges, expenses or other sums ...Subtenant is required to pay under the terms of this Sublease, and (ii) a proportionate share of "Tenant's Share of Operating Expenses" as defined in the Master Lease (which Tenant's Share of Operating Expenses encompasses, among other things, Operating Costs, Taxes and Assessments, Utilities and Services, Repairs and Maintenance, and the costs of management services), and a proportionate share of all other amounts required to be paid by Sublandlord under the Master Lease ("Tenant's Share of Operating Expenses," and together with Base Rent, "Subtenant's Rent"), whether directly to Master Landlord or directly to the taxing authorities or to the providers of any of the services, utilities, insurance policies or other matters to be paid for by Subtenant. Subtenant's "proportionate share" is thirty percent (30%) of Tenant's Share of Operating Expenses. Sublandlord shall have the same rights and remedies 3 with respect to payment of Tenant's Share of Operating Expenses as Sublandlord shall have with respect to the Base Rent. Subtenant shall remain responsible for Subtenant's Rent and any other charges, expenses or other sums that first arise, accrue or are invoiced at any time during or after the expiration of the Sublease Term, whether by Sublandlord or Master Landlord, to the extent they arise or accrue with respect to any period during the Sublease Term from any liabilities or obligations of Subtenant under the provisions of this Sublease (including any obligations under the Master Lease that are incorporated herein as liabilities or obligations of Subtenant). View More

Rent. Tenant agrees to pay to Landlord, without demand, deduction or offset except as otherwise set forth in this Lease, Base Rent, Excess Operating Expenses, Excess Property Taxes and all other Additional Rent for the Term. Tenant shall pay the Monthly Rent, in advance, on the first day of each calendar month during the Term, at Landlord's address designated in Section 1 above unless Landlord designates otherwise with at least thirty (30) days advance notice in writing to Tenant of such changed desig...nation; provided that Monthly Rent for the first full month shall be paid at the signing of this Lease. If the Commencement Date is not the first day of the month, the Monthly Rent for that partial month shall be apportioned on a per diem basis and shall be paid on or before the Commencement Date. Tenant shall pay Landlord a service and handling charge equal to the lesser of 5% of any Rent not paid within 5 days after the date due or the maximum amount permitted by applicable Laws. In addition, any Rent, including such charge, not paid within 5 days after the due date will bear interest at the Interest Rate from the date due to the date paid. Tenant shall pay before delinquency all taxes levied or assessed upon, measured by, or arising from the conduct of Tenant's business, use or occupancy of the Premises, Tenant's leasehold estate or Tenant's property. Additionally, and notwithstanding anything to the contrary, Tenant shall pay to Landlord all sales, use, transaction privilege, or other excise tax that may at any time be levied or imposed upon, or measured by, any Rent or other amount payable by Tenant or any subtenant or occupant under this Lease. View More

Rent. Tenant will pay to Landlord during the initial term rent in the amount of $2,580.00 per year, payable in installments of $215.00 per month (the "Rent"). There will be no rent increases through the initial term of the lease. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant.

Rent. (a) Tenant hereby covenants and agrees, without the right of set off or deduction whatsoever, except as otherwise expressly provided in Section 6, Section 10 or Section 12 of this Lease, to pay to Landlord Base Rent, and additional rent, including, without limitation, the Common Expense Rent and Real Property Taxes (collectively, "Additional Rent") during the Term. The Base Rent shall be paid in advance, on the first day of each calendar month during the Term commencing with the Rent Commencemen...t Date. All payments required to be made by Tenant to Landlord under this Lease shall be made at Landlord's office at the address set forth above or at such other place as Landlord may from time to time designate to Tenant in writing. If the Rent Commencement Date 7 is not the first day of a month, then monthly Base Rent for the partial month in which the Rent Commencement Date falls shall be prorated on a per diem basis. The "Rent Commencement Date" shall be the day which shall be three (3) full calendar months after the Commencement Date. For avoidance of doubt, if the Commencement Date shall be August 14, 2016, then the Rent Commencment Date shall be November 14, 2016. During the entire Term, Tenant shall pay to Landlord, as yearly rent (hereinafter "Base Rent"), the following sums, in equal monthly installments, in advance on the first day of each calendar month: Period Annual Rent PSF* Annual Base Rent Monthly Base Rent Year 1* $ 29.00 $ 384,946.00 $ 32,078.83 Year 2 $ 29.87 $ 396,494.38 $ 33,041.20 Year 3 $ 30.77 $ 408,440.98 $ 34,036.75 Year 4 $ 31.69 $ 420,653.06 $ 35,054.42 Year 5 $ 32.64 $ 433,263.36 $ 36,105.28 Year 6** $ 33.62 $ 446,271.88 $ 37,189.32 *Base Rent to be abated for the first three (3) full calendar months. **Year 6 represents only three (3) months of the year. The first monthly installment of Base Rent shall be paid by Tenant to Landlord upon execution of this Lease. (b) If the payment of any sum required to be paid by Tenant to Landlord under this Lease (including, without limitation any Base Rent and Additional Rent) is not received by Landlord in good funds within five (5) Business Days after the date on which it is due and payable or should any check from Tenant be returned to Landlord as uncollectible, then a delinquency service charge equal to five percent (5%) of the amount overdue (the "Service Charge") shall become due and payable to Landlord as liquidated damages for Tenant's failure to make prompt payment to Landlord. Tenant acknowledges and agrees that the actual damages to Landlord due to such late or non-payment exceed the interest cost of money and are difficult to estimate. Such Service Charge shall become payable as Additional Rent within five (5) Business Days after Tenant's receiving an invoice therefor. If the payment of any sum required to be paid by Tenant to Landlord under this Lease (including, without limitation any Base Rent and Additional Rent) is not received by Landlord in good funds within five (5) Business Days after the date on which it is due and payable, Tenant shall also pay Landlord as Additional Rent interest on such sum at an annual rate equal to 4% in excess of the prime rate announced from time-to-time by Citibank, NA or such other major commercial bank in the United States designated by Landlord ("Interest"), but subject to any maximum interest permitted by Law, on any amounts not received by Landlord from the date on which they became due and payable. In the event of nonpayment of any Service Charge and/or Interest provided for above, Landlord shall have, in addition to all other rights and remedies, all the rights and remedies provided for herein and by Law in the case of nonpayment of rent. Tenant's 8 obligation to pay any Service Charge and/or Interest as provided in this Section 3 shall continue beyond the expiration or sooner termination of this Lease. View More

Rent. Lessee shall pay Lessor, as annual rent for the Leases Premises (hereafter the "Rent"), without demand, deduction or set off, during the entire Term of this Lease, the respective amount for each lease Year, as set forth on the table below together with Florida state sales tax on such amounts, all of which shall be due and payable by Lessee to Lessor on the first day of each successive calendar month throughout the Terms of this Lease. The first and last month's rent ($5,949.58) will be due to La...ndlord upon the execution of this Lease together with the Security Deposit as defined here in. Lease year Monthly Installment Months 1 - 12 $2,300.00 $0.9978 per sq. ft. Months 13 – 24 $3,358.87 1.4572 Months 25 - 36 $3,453.83 1.4984 Months 37 – 48 $3,551.65 1.5408 Months 49 – 60 $3,652.40 1.5846 5. Late Fee and Interest. Any installment of Rent due hereunder that is not received by Lessor on or by the 10th day of the respective month in which it became due and payable, shall be assessed late payment fee of 5% of the unpaid amount due for each month or fraction thereof, or such lesser amount as may be the maximum amount permitted by law, until paid. All unpaid amount due and owing as of the 11th day of the respective month in which they became due and payable shall accrue interest as a rate equal to the lesser of 18% per annum or the maximum non-usurious rate chargeable under applicable law. Any partial payments received by Lessor may, in Lessor's sole and absolute discretion, be applied in the following order: first to the payment of any late fees, then to the payment of any accrued interest, then to the payment of any attorneys' fees and/or collection costs and lastly to any Rest due hereunder. View More

Rent. 4.1 General. Tenant shall pay Rent to Landlord in lawful United States currency. All Base Rent and additional rent for Operating Costs shall be payable in monthly installments, in advance, beginning on the Commencement Date (subject to any prepaid Rent due under Article 1), and continuing on the first day of each and every calendar month thereafter during the Lease Term. Unless otherwise expressly provided, all monetary obligations of Tenant to Landlord under this Lease, of any type or nature, o...ther than Base Rent, shall be denominated as additional rent. Except as otherwise provided, all additional rent payments (other than Operating Costs which are due together with Base Rent) are due ten days after delivery of an invoice. Tenant shall pay monthly to Landlord any sales, use, or other tax (excluding state and federal income tax) now or hereafter imposed on any Rent due under this Lease. The term "Rent" when used in this Lease includes Base Rent and all forms of additional rent. All Rent shall be paid to Landlord without demand, setoff, or deduction whatsoever, except as specifically provided in this Lease, at Landlord's Address for Payments, or at such other place as Landlord designates in writing to Tenant. Tenant's obligations to pay Rent are covenants independent of the Landlord's obligations under this Lease. 4.2 Abatement. Provided that Tenant is not in default of this Lease beyond any applicable grace period at any time during the abatement period, Tenant shall have a Rent credit in the amount of the Base Rent owed for the first full calendar month of the Lease Term through the third full calendar month of the Lease Term, which credit shall be applied to the installments of Base Rent due for those months. Accordingly, if the Commencement Date occurs on a day other than the first day of the month, the prorated Rent for the first partial month of the Lease Term shall be due on the Commencement Date and the rent abatement period shall commence on the first day of the first full calendar month of the Lease Term and shall expire on the last day of the third full calendar month of the Lease Term. Tenant shall remain liable for all additional rent owed under this Lease during the rent abatement period, such as, but not limited to, Tenant's Allocated Share of Operating Costs. The abatement of Base Rent provided for herein ("Free Rent") is conditioned upon Tenant's full and timely performance of all of its obligations under this Lease. At any time during the Lease Term, if Tenant is in default under this Lease beyond any applicable grace period provided therefor, then the abatement of Base Rent provided for herein shall immediately become void, and Tenant shall promptly pay to Landlord, in addition to all other amounts due to Landlord under this Lease, the full amount of all Base Rent herein abated. View More