Common use of Actual Operating Expenses Clause in Contracts

Actual Operating Expenses. Within one hundred twenty (120) days after the end of each Calendar Year or as soon as possible thereafter, Landlord shall submit a statement to Tenant showing the actual Operating Expenses for such Calendar Year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Expense Stop. If for any Calendar Year, Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such Calendar Year exceed the Expense Stop, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating Expenses. In the event that the credit exceeds Tenant's future monthly statements, the Landlord shall immediately reimburse such excess to Tenant in cash. If for any Calendar Year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such Calendar Year exceed the Expense Stop, than Tenant shall pay the total amount of such deficiency to Landlord within forty-five (45) days after receipt of the statement from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Didax Inc

AutoNDA by SimpleDocs

Actual Operating Expenses. Within one hundred twenty (120) days after the end of each Calendar Year Year, or as soon as possible thereafter, Landlord shall submit a statement to Tenant showing the actual Operating Expenses for such Calendar Year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Expense Stop. If for any Calendar Year, Year Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such Calendar Year exceed the Expense Stop, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating Expenses. In the event that the credit exceeds Tenant's future monthly statements, the Landlord shall immediately reimburse such excess to Tenant in cash. If for any Calendar Year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such Calendar Year exceed the Expense Stop, than then Tenant shall pay the total amount of such deficiency to Landlord within forty-five thirty (4530) days after receipt of the statement notice from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment under payment of Operating Expenses shall survive the expiration or termination of this Lease.,

Appears in 1 contract

Samples: Access National Corp

Actual Operating Expenses. Within one hundred twenty (120) days after ------------------------- the end of each Calendar Year or as soon as possible thereafterYear, Landlord shall submit a statement to Tenant showing the actual Operating Expenses for such Calendar Year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Expense StopOperating Expenses during the Base Year. If for any Calendar Year, Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such Calendar Year exceed the Expense StopOperating Expenses during the Base Year, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating Expenses. In , unless the event that the credit exceeds Lease has expired wherein Landlord shall send such refund to Tenant at Tenant's future monthly statements, the Landlord shall immediately reimburse such excess to Tenant in cashforwarding address. If for any Calendar Year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such Calendar Year exceed the Expense StopOperating Expenses during the Base Year, than then Tenant shall pay the total amount of such deficiency to Landlord within forty-five thirty (4530) days after receipt of the statement from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Mantech International Corp)

Actual Operating Expenses. Within one hundred twenty eighty (120180) days after the end of each Calendar Year or as soon as possible thereafterYear, Landlord shall submit a statement to Tenant showing the actual Operating Expenses for such Calendar Year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Expense StopOperating Expenses during the Base Year. If for any Calendar Year, Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such Calendar Year exceed the Expense StopOperating Expenses during the Base Year, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating Expenses. In the event that the credit exceeds Tenant's future monthly statements, the Landlord shall immediately reimburse such excess to Tenant in cash. If for any Calendar Year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such Calendar Year exceed the Expense StopOperating Expenses during the Base Year, than then Tenant shall pay the total amount of such deficiency to Landlord within forty-five thirty (4530) days after receipt of the statement from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Versatility Inc)

Actual Operating Expenses. Within one hundred twenty (120) days after the end of each Calendar Year or as soon as possible thereafterYear, Landlord shall submit a statement to Tenant showing the actual Operating Expenses for such Calendar Year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Expense StopOperating Expenses during the Base Year. If for any Calendar Year, Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such Calendar Year exceed the Expense StopOperating Expenses during the Base Year, then Landlord shall either pay such amount to Tenant within thirty (30) days after the date of such statement, or give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating Expenses. In the event that the credit exceeds Tenant's future monthly statements, the Landlord shall immediately reimburse such excess to Tenant in cashExpenses and/or Base Rent. If for any Calendar Year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual accrual Operating Expenses for such Calendar Year exceed the Expense StopOperating Expenses during the Base Year, than then Tenant shall pay the total amount of such deficiency to Landlord within forty-five thirty (4530) days after receipt of the statement from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Pathnet Telecommunications Inc

AutoNDA by SimpleDocs

Actual Operating Expenses. Within Not more than one hundred twenty (120) days after the end of each Calendar Year or as soon as possible thereafterYear, Landlord shall submit a statement to Tenant showing the actual Operating Expenses for such Calendar Year (but not any other or prior Calendar Year) and Tenant's ’s Proportionate Share of the amount by which such Operating Expenses exceed the Expense StopOperating Expenses during the Base Year. If for any the Calendar YearYear addressed in such statement, Tenant's ’s estimated monthly payments exceed Tenant's ’s Proportionate Share of the amount by which the actual Operating Expenses for such that Calendar Year exceed the Expense StopOperating Expenses during the Base Year, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's ’s next monthly payments of estimated Operating Expenses. In the event that the credit exceeds Tenant's future monthly statements, the Landlord shall immediately reimburse such excess to Tenant in cashRent. If for any the Calendar Year addressed in the statement, Tenant's ’s estimated monthly payments are less than Tenant's ’s Proportionate Share of the amount by which the actual accrued Operating Expenses for such Calendar Year exceed the Expense StopOperating Expenses during the Base Year, than then Tenant shall pay the total amount of such deficiency to Landlord Landlord, not to exceed the Cap on increases provided in Section 7.8, within forty-five thirty (4530) days after receipt of the statement from Landlord. Landlord's ’s and Tenant's ’s obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Xo Holdings Inc

Actual Operating Expenses. Within one hundred twenty (120) days after the end of each Calendar Year or as soon as possible thereaftercalendar year, Landlord shall submit a reasonably detailed statement to Tenant showing the actual Operating Expenses for such Calendar Year calendar year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Expense StopOperating Expenses during the Base Year; provided that failure by Landlord to deliver such statement within the time specified above shall not relieve Tenant of any of its obligations hereunder. If for any Calendar Yearcalendar year, Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such Calendar Year calendar year exceed the Expense StopOperating Expenses during the Base Year, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating Expenses. In the event that the credit exceeds Tenant's future monthly statements, the Landlord shall immediately reimburse such excess to Tenant in cash. If for any Calendar Year calendar year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such Calendar Year calendar year exceed the Expense StopOperating Expenses during the Base Year, than then Tenant shall pay the total amount of such deficiency to Landlord within forty-five thirty (4530) days after receipt of the statement from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Exigent International Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!