Common use of ADDITIONAL PROVISIONS; OPERATING COSTS AND REAL ESTATE TAXES Clause in Contracts

ADDITIONAL PROVISIONS; OPERATING COSTS AND REAL ESTATE TAXES. 11.1 Partial Year; End of Term. To the extent Real Estate Taxes, and/or any items of Operating Costs, cannot more accurately be determined for any partial calendar year of the Term by a method other than proration, the parties agree that such determination shall be made by multiplying the amount thereof for the full calendar year by a fraction, the numerator of which is the number of days during such partial calendar year falling within the Term and the denominator of which is 365. If this Lease terminates on a day other than the last day of a calendar year, the amount of any adjustment to Tenant's Share of Expense Increases and Tax Increases with respect to the calendar year in which such termination occurs shall be prorated on the basis which the number of days from the commencement of such calendar year to and including such termination date bears to 365; and any amount payable by Landlord to Tenant or Tenant to Landlord with respect to such adjustment shall be payable within thirty (30) days after delivery by Landlord to Tenant of the applicable Expense Statement with respect to such calendar year.

Appears in 2 contracts

Samples: Lease (Net2000 Communications Inc), Lease (Marcam Solutions Inc)

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ADDITIONAL PROVISIONS; OPERATING COSTS AND REAL ESTATE TAXES. 11.1 23 A. Partial Year; End of Term. To the extent that a more accurate method of allocating same cannot be implemented by Landlord, Tenant's Share of Operating Costs and Real Estate Taxes, and/or any items of Operating Costs, cannot more accurately be determined Taxes for any partial calendar year of the Term by a method other than proration, the parties agree that such determination shall be made determined by multiplying the amount of Tenant's Share thereof for the full calendar year by a fraction, the numerator of which is the number of days during such partial calendar year falling within the Term and the denominator of which is 365. If this Lease terminates on a day other than the last day of a calendar year, the amount of any adjustment to Tenant's Share of Expense Increases and Tax Increases Real Estate Taxes with respect to the calendar year in which such termination occurs shall be prorated on the basis which the number of days from the commencement January 1 of such calendar year to and including such termination date bears to 365; and any amount payable by Landlord to Tenant or Tenant to Landlord with respect to such adjustment shall be payable within thirty (30) days after delivery by Landlord to Tenant of the applicable Expense Statement and Tax Statement with respect to such calendar year.

Appears in 1 contract

Samples: Interliant Inc

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ADDITIONAL PROVISIONS; OPERATING COSTS AND REAL ESTATE TAXES. 11.1 Partial Year; End of Term. To the extent that a more accurate method of allocating same cannot be implemented by Landlord, Tenant’s Share of Operating Costs and Real Estate Taxes, and/or any items of Operating Costs, cannot more accurately be determined Taxes for any partial calendar year of the Term by a method other than proration, the parties agree that such determination shall be made determined by multiplying the amount of Tenant’s Share thereof for the full calendar year by a fraction, the numerator of which is the number of days during such partial calendar year falling within the Term and the denominator of which is 365. If this Lease terminates on a day other than the last day of a calendar year, the amount of any adjustment to Tenant's ’s Share of Expense Increases and Tax Increases Real Estate Taxes with respect to the calendar year in which such termination occurs shall be prorated on the basis which the number of days from the commencement January 1 of such calendar year to and including such termination date bears to 365; and any amount payable by Landlord to Tenant or Tenant to Landlord with respect to such adjustment shall be payable within thirty Landlord’s Initials: Tenant’s Initials: Deed of Lease Alliance Home Funding, LLC Page 17 of 63 (30) days after delivery by Landlord to Tenant of the applicable Expense Statement and Tax Statement with respect to such calendar year.

Appears in 1 contract

Samples: Deed of Lease (Alliance Bankshares Corp)

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