Common use of Actual Costs Clause in Contracts

Actual Costs. Within ninety (90) days after the close of each ------------ Lease Year during the term hereof, Landlord shall deliver to Tenant a written statement of the Actual Costs, with a line item breakdown, and the Actual Costs Allocable to the Premises, during the preceding Lease Year. The first such statement shall be for the Base Services Year, although no Rent shall be due from Tenant on account thereof. If such costs for any Lease Year less the Base Amount exceed the amounts paid by Tenant to Landlord pursuant to Section 9.3, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days after receipt of such statement by Tenant. If such statement shows such costs to be less than the amount paid by Tenant to Landlord pursuant to Section 9.3, then the amount of such overpayment by Tenant shall be credited by Landlord to the next Rent payable by Tenant. In the event such overpayment cannot be fully credited by Landlord to the next Rent payable by Tenant due to the expiration of the term of this Lease, any remaining overpayment shall be credited by Landlord to any other charges due under this Lease and, to the extent no such charges are due, shall be refunded to Tenant by Landlord within thirty (30) days of the Lease Expiration Date.

Actual Costs. Within ninety (90) days after the close of each ------------ Lease Year during the term hereof, Landlord shall deliver to Tenant a written statement of the Actual Costs, with a line item breakdown, and setting forth the Actual Costs Allocable to the Premises, Premises during the preceding Lease Year. The first such statement shall be for the Base Services Year, although no Rent shall be due from Tenant on account thereof. If such costs for any Lease Year less the Base Amount exceed the amounts paid by Tenant to Landlord pursuant to Section 9.3, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days after receipt of such statement by Tenant. If such statement shows such costs to be less than the amount paid by Tenant to Landlord pursuant to Section 9.3, then the amount of such overpayment by Tenant shall be credited by Landlord to the next Rent payable by Tenant. In the event such overpayment cancan not be fully credited by Landlord to the next Rent payable by Tenant due to the expiration of the term of this Lease, any remaining overpayment shall be credited by Landlord to any other charges due under this Lease and, to the extent no such charges are due, shall be refunded to Tenant by Landlord within thirty (30) days of the Lease Expiration Date.

Actual Costs. Within On or prior to August 1 of each year following the Base Year, Sublandlord shall deliver to Subtenant a written statement, broken down by category, setting forth the Operating Expenses and Taxes for the Building and the portion thereof allocable to the Sublease Premises during the preceding Year; provided, however, such outside date shall not prejudice Sublandlord’s rights to further require reconcile Operating Expenses and Taxes with respect to items for which the information necessary to reconcile same was not available to Sublandlord by such outside date. Subtenant shall have the right to audit such expenses within ninety (90) days after the close of each ------------ Lease Year during the term hereof, Landlord shall deliver to Tenant receipt of a written billing statement of the Actual Costs, with a line item breakdown, and the Actual Costs Allocable to the Premises, during the preceding Lease Year. The first such statement shall be for the Base Services Year, although no Rent shall be due from Tenant on account thereofSublandlord. If such costs Operating Expenses and Taxes allocable to the Sublease Premises for any Lease Year less the Base Amount year exceed the amounts estimated Operating Expenses and Taxes allocable to the Sublease Premises paid by Tenant Subtenant to Landlord Sublandlord pursuant to Section 9.39.2 for such year (subject to limit on Controllable Expenses described above), Tenant Subtenant shall pay the amount of such excess to Landlord as Additional Rent Sublandlord within thirty (30) days Days after receipt of such statement by TenantSubtenant. If such statement shows such costs the Operating Expenses and Taxes allocable to the Sublease Premises to be less than the amount estimated Operating Expenses and Taxes allocable to the Sublease Premises paid by Tenant Subtenant to Landlord pursuant Sublandlord (subject to Section 9.3the limit on Controllable Expenses described above), then the amount of such overpayment by Tenant shall be shall be credited by Landlord to towards the installment(s) of Additional Rent next Rent payable by Tenant. In coming due from Subtenant, or if none, then the event such overpayment cannot be fully credited by Landlord to the next Rent payable by Tenant due to the expiration of the term of this Lease, any remaining overpayment shall be credited by Landlord to any other charges due under this Lease and, to the extent no such charges are due, shall be refunded to Tenant by Landlord within thirty (30) days of the Lease Expiration DateSubtenant.

Actual Costs. Within ninety (90) days after the close end of each ------------ Lease Year during the term hereofYear, Landlord shall deliver to Tenant a written statement setting forth Tenant's Pro Rata Share of the Actual Costs, with a line item breakdown, actual Operating Costs and the Actual Costs Allocable to the Premises, Taxes during the preceding Lease Year. The first Landlord shall be entitled to correct such statement shall be for to increase the Base Services Year, although no Rent shall be due from amounts charged to Tenant on account thereofonly if such correction is made within three (3) years after the initial delivery of the statement to Tenant (or such longer period in the case of increased actual Taxes billed to Landlord by applicable taxing authorities). If such costs for any Lease Year less the Base Amount actual Operating Costs or actual Taxes, or both, exceed the amounts estimates for each paid by Tenant to Landlord pursuant to Section 9.3during the Year, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days after receipt of such statement by Tenantstatement. If such statement shows such costs to be the actual Operating Costs or actual Taxes, or both, are less than the amount paid by Tenant to Landlord pursuant to Section 9.3Landlord, then the amount of such overpayment by Tenant shall be be, at Landlord's option, credited against any amounts owed by Landlord Tenant under this Lease, refunded by check to Tenant (which shall occur if the next Rent payable by Tenant. In the event such overpayment cannot be fully reconciliation is after termination of this Lease), or credited by Landlord to against the next Rent payable by Tenant due to hereunder. Notwithstanding this Section 10, the expiration of Rent payable by Tenant shall in no event be less than the term of this Lease, any remaining overpayment shall be credited by Landlord to any other charges due under this Lease and, to the extent no such charges are due, shall be refunded to Tenant by Landlord within thirty (30Rent specified in Section 1(h) days of the Lease Expiration Datehereof.

Actual Costs. Within ninety (90) days after After the close of each ------------ Lease Year during following the term hereofBase Year, Landlord shall deliver to Tenant a written statement of statement, broken down by category, setting forth the Actual Costs, with a line item breakdown, and the Actual Operating Costs Allocable to the Premises, Premises during the preceding Lease Year. The first Landlord shall endeavor to provide such statement shall be for within one hundred-twenty (120) days of the Base Services close of such Year, although no Rent shall be due from Tenant on account thereof. If such costs Operating Costs Allocable to the Premises for any Lease Year less the Base Amount exceed the amounts Estimated Operating Costs Allocable to the Premises paid by Tenant to Landlord pursuant to Section 9.3subparagraph 3.4.1 for such Year, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days Business Days after receipt of such statement by Tenant. If such statement shows such costs the Operating Costs Allocable to the Premises to be less than the amount Estimated Operating Costs Allocable to the Premises paid by Tenant to Landlord pursuant to Section 9.3subparagraph 3.4.1, then the amount of such overpayment by Tenant shall be credited paid by Landlord to the next Rent payable by Tenant. In the event such overpayment cannot be fully credited by Landlord to the next Rent payable by Tenant due to the expiration of the term of this Lease, any remaining overpayment shall be credited by Landlord to any other charges due under this Lease and, to the extent no such charges are due, shall be refunded to Tenant by Landlord within thirty (30) days Business Days following the date of such statement or, at Landlord’s option, shall be credited towards the Lease Expiration Dateinstallment(s) of Additional Rent next coming due from Tenant, or if none, then the overpayment shall be refunded to Tenant.

Actual Costs. Within ninety (90) days after the close of ------------ each ------------ Lease Year during the term Term hereof, Landlord shall deliver to Tenant a written statement of the Actual Costs, with a line item breakdown, and setting forth the Actual Costs Allocable to the Premises, Premises during the preceding Lease Year. The first such statement shall be for the Base Services Year, although no Rent shall be due from Tenant on account thereof. If such costs for any Lease Year less the Base Amount exceed the amounts paid by Tenant to Landlord pursuant to Section 9.3, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days after receipt of such statement by Tenant. If such statement shows such costs to be less than the amount paid by Tenant to Landlord pursuant to Section 9.3, then the amount of such overpayment by Tenant shall be credited by Landlord to the next Rent payable by Tenant. In the event such overpayment cancan not be fully credited by Landlord to the next Rent payable by Tenant due to the expiration of the term Term of this Lease, any remaining overpayment shall be credited by Landlord to any other charges due under this Lease and, to the extent no such charges are due, shall be refunded to Tenant by Landlord within thirty (30) days of the Lease Expiration Date.