Common use of Actual Statement Clause in Contracts

Actual Statement. By March 1st of each calendar year during the Term of this Lease, Landlord will also endeavor to deliver to Tenant a statement ("ACTUAL STATEMENT") which states Tenant's Share of the actual Operating Expenses for the preceding calendar year. If the Actual Statement reveals that Tenant's Share of the actual Operating Expenses is more than the total Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Tenant agrees to pay Landlord the difference in a lump sum within ten (10) days of receipt of the Actual Statement. If the Actual Statement reveals that Tenant's Share of the actual Operating Expenses is less than the Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Landlord will credit any overpayment toward the next monthly installment(s) of Tenant's Share of the Operating Expenses due under this Lease. Such obligation will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord's acceptance of Tenant's surrender of the Premises, Landlord will have the right to estimate the actual Operating Expenses for the then current Lease Year and to collect from Tenant prior to Tenant's surrender of the Premises, Tenant's Percentage of any excess of such actual Operating Expenses over the estimated Operating Expenses paid by Tenant in such Lease Year.

Appears in 2 contracts

Samples: Multi Tenant Industrial Lease (Triple Net) (Aurora Biosciences Corp), Multi Tenant Industrial Lease (Aurora Biosciences Corp)

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Actual Statement. By March 1st of each calendar year during the Term of this Lease, Landlord will also endeavor to deliver to Tenant a statement ("ACTUAL STATEMENT"“Actual Statement”) which states Tenant's ’s Share of the actual Operating Expenses for the preceding calendar year. If the Actual Statement reveals that Tenant's ’s Share of the actual Operating Expenses is more than the total Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Tenant agrees to pay Landlord the difference in a lump sum within ten (10) days of receipt of the Actual Statement. If the Actual Statement reveals that Tenant's ’s Share of the actual Operating Expenses is less than the Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Landlord will credit any overpayment toward the next monthly installment(s) of Tenant's ’s Share of the Operating Expenses due under this Lease. Such obligation will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord's ’s acceptance of Tenant's ’s surrender of the Premises, Landlord will have the right to estimate the actual Operating Expenses for the then current Lease Year and to collect from Tenant prior to Tenant's ’s surrender of the Premises, Tenant's ’s Percentage of any excess of such actual Operating Expenses over the estimated Operating Expenses paid by Tenant in such Lease Year.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (BioMed Realty Trust Inc)

Actual Statement. By March May 1st of each calendar year during the Term of this Lease, Landlord will also endeavor to deliver to Tenant a statement ("ACTUAL STATEMENT") which states Tenantthe Building's Share of the actual Operating Expenses for the preceding calendar year. If the Actual Statement reveals that Tenantthe Building's Share of the actual Operating Expenses is more than the total Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Tenant agrees to pay Landlord the difference in a lump sum within ten thirty (1030) days of receipt of the Actual Statement. If the Actual Statement reveals that Tenantthe Building's Share of the actual Operating Expenses is less than the Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Landlord will credit any overpayment toward the next monthly installment(s) of Tenantthe Building's Share of the Operating Expenses due under this Lease. Such obligation will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord's acceptance of Tenant's surrender of the Premises, Landlord will have the right to estimate the actual Operating Expenses for the then current Lease Year and to collect from Tenant prior to Tenant's surrender of the Premises, Tenantthe Building's Percentage Share of any excess of such actual Operating Expenses over the estimated Operating Expenses paid by Tenant in such Lease Year.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Alliance Pharmaceutical Corp)

Actual Statement. By March 1st of each calendar year during the Term of this Lease, Landlord will shall also endeavor to deliver to Tenant a statement ("ACTUAL STATEMENTActual Statement") which states Tenant's Share of the actual Operating Expenses for the preceding calendar year, along with a detailed and categorized list of the expenditures on which the Actual Statement is based. If the Actual Statement reveals that Tenant's Share of the actual Operating Expenses is more than the total Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Tenant agrees to pay Landlord the difference in a lump sum within ten (10) days of receipt of the Actual Statement. If the Actual Statement reveals that Tenant's Share of the actual Operating Expenses is less than the Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Landlord will credit any overpayment toward the next monthly installment(s) of Tenant's Share of the Operating Expenses due under this Lease. Such obligation will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord's acceptance of Tenant's surrender of the Premises, Landlord will have the right to estimate the actual Operating Expenses for the then current Lease Year calendar year and to collect from Tenant prior to Tenant's surrender of the Premises, Tenant's Percentage Share of any excess of such actual Operating Expenses over the estimated Operating Expenses paid by Tenant in such Lease Yearcalendar year.

Appears in 1 contract

Samples: Multi Tenant Lease (Encore Capital Group Inc)

Actual Statement. By March 1st of each calendar year during the Term of this Lease, Landlord will also endeavor to deliver to Tenant a statement ("ACTUAL STATEMENTActual Statement") which states Tenant's Share of the actual Operating Expenses for the preceding calendar year. If the Actual Statement reveals that Tenant's Share of the actual Operating Expenses is more than the total Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Tenant agrees to pay Landlord the difference in a lump sum within ten (10) days of receipt of the Actual Statement. If the Actual Statement reveals that Tenant's Share of the actual Operating Expenses is less than the Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Landlord will credit any overpayment toward the next monthly installment(s) of Tenant's Share of the Operating Expenses due under this Lease. Such obligation will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord's acceptance of Tenant's surrender of the Premises, Landlord will have the right to estimate the actual Operating Expenses for the then current Lease Year calendar year and to collect from Tenant prior to Tenant's surrender of the Premises, Tenant's Percentage Share of any excess of such actual Operating Expenses over the estimated Operating Expenses paid by Tenant in such Lease Yearcalendar year.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (E Digital Corp)

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Actual Statement. By March 1st the first day of April of each succeeding calendar year during the Term of this LeaseLease or as soon thereafter as reasonably possible, Landlord will also endeavor to shall deliver to Tenant a statement ("ACTUAL STATEMENT"“Actual Statement”) which states Tenant's Share of the actual Operating Expenses and Excess Expenses for the immediately preceding calendar year. If the Actual Statement reveals that Tenant's Share of the actual Operating Excess Expenses is more than the total Additional Rent paid were over-stated or under-stated in any Estimate Statement (or revised Estimate Statement) previously delivered by Tenant for Operating Expenses on account of the preceding calendar yearLandlord pursuant to Section 4.6 above, Tenant agrees to pay Landlord the difference in a lump sum then within ten thirty (1030) days of receipt after delivery of the Actual Statement. If , Tenant shall pay to Landlord the Actual Statement reveals that Tenant's Share amount of the actual Operating Expenses is less than the Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar yearany such under-payment, or, Landlord will shall credit any overpayment toward Tenant against the next monthly installment(s) rent falling due, the amount of Tenant's Share of such over-payment, as the Operating Expenses due under this Leasecase may be. Such obligation will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord's ’s acceptance of Tenant's ’s surrender of the Premises, Landlord will have the right to estimate the actual Operating Expenses for the then current Lease Year calendar year and to collect from Tenant prior to Tenant's ’s surrender of the Premises, Tenant's ’s Percentage of any excess of such actual Operating Expenses over the estimated Operating Expenses paid by Tenant in such Lease Yearcalendar year during the Term of this Lease.

Appears in 1 contract

Samples: Office Lease (Orexigen Therapeutics, Inc.)

Actual Statement. By March May 1st of each calendar year during the Term of this Lease, Landlord will also endeavor to deliver to Tenant a statement ("ACTUAL STATEMENT"“Actual Statement”) which states Tenant's the Building’s Share of the actual Operating Expenses for the preceding calendar year. If the Actual Statement reveals that Tenant's the Building’s Share of the actual Operating Expenses is more than the total Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Tenant agrees to pay Landlord the difference in a lump sum within ten thirty (1030) days of receipt of the Actual Statement. If the Actual Statement reveals that Tenant's the Building’s Share of the actual Operating Expenses is less than the Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Landlord will credit any overpayment toward the next monthly installment(sInstallment(s) of Tenant's the Building’s Share of the Operating Expenses due under this Lease. Lease Such obligation will be a continuing one which will survive the expiration or earlier termination of this Lease. Lease Prior to the expiration or sooner termination of the Lease Term and Landlord's ’s acceptance of Tenant's ’s surrender of the Premises, Landlord will have the right to estimate the actual Operating Expenses for the then current Lease Year and to collect from Tenant prior to Tenant's ’s surrender of the Premises, Tenant's Percentage the Building’s Share of any excess of such actual Operating Expenses over the estimated Operating Expenses paid by Tenant in such Lease Year.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Imcor Pharmaceutical Co)

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