Common use of Adjustment Mechanism Clause in Contracts

Adjustment Mechanism. It is hereby agreed that commencing in the calendar year “2020” and continuing for each calendar year thereafter (each such year being referred to hereinafter as the “Comparison Year”), Tenant shall pay to Landlord, as additional rent (hereinafter referred to as “Tenant’s Share of the Operating Expenses”), Txxxxx’s Proportionate Share of the amount by which the Operating Expenses for the Comparison Year actually exceed the Base Year Operating Expenses (hereinafter, the “Excess Operating Expenses”). The amount which Landlord designates as the estimated Excess Operating Expenses (hereinafter, the “Estimated Excess Operating Expenses”) shall be determined by Landlord, using the prior year’s actual Operating Expenses as the starting point for such calculation, and thereafter adjusting such figure taking into consideration relevant inflationary and deflationary factors and such other factors as Landlord deems reasonable (e.g. special maintenance and/or repair needs, costs to maintain the designation of Class “B” office space, unusual weather patterns, etc. . .). During each calendar year, commencing as of the calendar year “2020”, Tenant shall pay to Landlord Tenant’s Proportionate Share of the Estimated Excess Operating Expenses (hereinafter “Tenant’s Estimated Proportionate Share”), which amount shall be subject to reconciliation and adjustment as set forth below. Tenant’s Estimated Proportionate share shall be paid to Landlord monthly (with Txxxxx’s payment of Basic Monthly Rent) in an amount equal to one-twelfth (1/12) of such amount. Within a reasonable period of time after the expiration of any calendar year, Landlord shall submit to Tenant a statement setting forth the exact amount of the actual Excess Operating Expenses for the prior year. Such statement shall also set forth the amount of the Estimated Operating Expenses and Txxxxx’s Estimated Proportionate Share for the then current calendar year. In the event the amount actually paid by Txxxxx as Txxxxx’s Estimated Proportionate Share during the prior calendar year exceeded Tenant’s Proportionate Share of the actual Operating Expenses for such Year, Landlord shall credit such amount against Tenant’s payment of Tenant’s Estimated Proportionate Share during the then current calendar year and such credit will be applied to the next successive payment or payments due from Tenant to Landlord. In the event the amount actually paid by Txxxxx as Txxxxx’s Estimated Proportionate Share during the prior calendar year was less than Tenant’s Proportionate Share of the actual Operating Expenses for such Year, Tenant shall pay the difference to Landlord within thirty (30) days following receipt of such statement from Landlord. Notwithstanding the foregoing, until such time as Tenant receives such statement, Txxxxx’s monthly reimbursement applied to the new calendar year shall continue to be paid at the rate for the previous calendar year, but Tenant shall commence payment to Landlord of the monthly installments of reimbursement on the basis of the new statement beginning on the first day of the month following the month in which Txxxxx receives such statement.

Appears in 2 contracts

Samples: Office Lease (Fatpipe Inc/Ut), Office Lease (Fatpipe Inc/Ut)

AutoNDA by SimpleDocs

Adjustment Mechanism. It is hereby agreed that commencing in the calendar year “2020” and continuing (a) As provided below, for each calendar year thereafter (each such year being referred to hereinafter as the “Comparison Year”), Tenant shall pay to Landlord, as additional rent (hereinafter referred to as “Tenant’s Share of the Operating Expenses”), Txxxxx’s Proportionate Share of the amount by which the Operating Expenses for the Comparison Year actually exceed the Base Year Operating Expenses Lease Term (hereinafter, the “Excess Operating Expenses”). The amount which Landlord designates as the estimated Excess Operating Expenses (hereinafter, the “Estimated Excess Operating Expenses”) shall be determined by Landlord, using the prior year’s actual Operating Expenses as the starting point for such calculation, and thereafter adjusting such figure taking into consideration relevant inflationary and deflationary factors and such other factors as Landlord deems reasonable (e.g. special maintenance and/or repair needs, costs to maintain the designation of Class “B” office space, unusual weather patterns, etc. . .). During each calendar year, commencing as of including the calendar year “2020”, in which the Lease Term commences) Tenant shall pay to Landlord Tenant’s Proportionate Pro Rata Share of the Estimated Excess amount of the increase in the Operating Expenses (hereinafter “Tenant’s Estimated Proportionate Share”), which amount for the calendar year just completed over Base Operating Expenses and shall be subject to reconciliation and adjustment as set forth below. Tenant’s Estimated Proportionate share shall be paid also pay to Landlord monthly (with Txxxxxduring each calendar year following the year in which the Lease Term commences, an estimate of Tenant’s payment Pro Rata Share of Basic Monthly Rent) in an the amount equal by which actual Operating Expenses attributable to one-twelfth (1/12) of the calendar year during which such amountamounts are paid will exceed the Base Operating Expenses. Within a reasonable period of time As soon as practicable after the expiration end of any each calendar yearyear during the Lease Term, beginning with the end of the calendar year in which the Lease Term commences, Landlord shall submit to Tenant a statement setting forth forth: (a) the exact amount of the increase, if any, in the amount of Tenant’s Pro Rata Share for the calendar year just completed over Base Operating Expenses; and (b) for each calendar year following the year in which the Lease Term commences, the difference, if any, between the amount of Tenant’s actual Excess Pro Rata Share of the Operating Expenses for the prior calendar year just completed and the estimated amount of Tenant’s Pro Rata Share of the increases paid for that year. Such Each statement shall also set forth the amount of the Estimated estimated increases in Operating Expenses and Txxxxx’s Estimated Proportionate Share over Base Operating Expenses for the then current new calendar yearyear computed in accordance with the foregoing. In To the event extent that the amount actually paid of Tenant’s Pro Rata Share of actual increases for the period covered by Txxxxx as Txxxxxsuch statement is higher than Tenant’s Estimated Proportionate payments (if any) of its Pro Rata Share during of the prior estimated increases for the calendar year exceeded just completed, Tenant shall pay to Landlord the difference within 30 days following receipt of the statement from Landlord. If, however, the amount of Tenant’s Proportionate Pro Rata Share of the actual increases for the period covered by the statement is less than the amount Tenant actually paid during the calendar year just completed, Landlord shall credit the difference against the Tenant’s estimated payment obligation for such Operating Expenses for such the current year, and in respect of credits attributable to the last Lease Year, Landlord shall credit remit such excess amount against Tenant’s payment of Tenant’s Estimated Proportionate Share during the then current calendar year and such credit will be applied to the next successive payment or payments due from Tenant to Landlord. In the event the amount actually paid by Txxxxx as Txxxxx’s Estimated Proportionate Share during the prior calendar year was less than Tenant’s Proportionate Share of the actual Operating Expenses for such Year, Tenant shall pay the difference to Landlord within thirty (30) days following receipt of such statement from Landlordthe date of expiration of this Lease. Notwithstanding the foregoing, until such time as Until Tenant receives each such statement, Txxxxx’s monthly reimbursement applied to the new calendar year Tenant shall continue to be paid at pay the rate amount required for the previous calendar prior year, but Tenant shall commence payment to Landlord of the monthly installments of reimbursement such estimates on the basis of the new statement beginning on the first day of the month following the month in which Txxxxx Tenant receives such statement. Tenant shall also pay to Landlord or deduct from the rent, as the case may be, the difference, if any, between the monthly installments of rent, so adjusted, for the new year and the monthly installments of rent actually paid during the new year.

Appears in 1 contract

Samples: Lease Agreement (Smart Move, Inc.)

Adjustment Mechanism. It is hereby agreed that commencing (i) Commencing in the calendar year “2020” and continuing for each calendar year thereafter "201_" (each such year being referred to hereinafter as the “"Comparison Year"), Tenant shall pay to Landlord, Landlord as additional rent (hereinafter referred to as “Additional Rent Tenant’s Share of the Operating Expenses”), Txxxxx’s 's Proportionate Share of any Excess Operating Expenses. There shall be a non-cumulative five percent (5%) cap per year on all Operating Expenses (controllable and non-controllable). Therefore, Operating Expenses shall not increase by more five percent (5%) over the previous calendar year’s Operating Expenses In addition, if in any Comparison Year following the Base Year, a new Operating Expense category or major expense (i.e., earthquake insurance; expanded janitorial or security service; concierge service) is included within Operating Expenses which was not included in the Base Year, then the amount by which the Operating Expenses for the Comparison Year actually exceed of such new item shall be added to the Base Year Operating Expenses (hereinafterfor the purposes of determining the amounts payable by the Tenant under the provision set here forth and during each subsequent Comparison Year of the Term. Conversely, if in any Comparison Year following the “Excess Base Year, a Operating Expenses”). The amount which Landlord designates as the estimated Excess Expense category or major expense is removed from Operating Expenses (hereinafterincluded in the Base Year, then the “Estimated Excess Operating Expenses”) amount of such removed item shall be determined by Landlord, using subtracted from the prior year’s actual Base Year Operating Expenses as for the starting point for such calculation, purposes of determining the amounts payable by the Tenant under the provision set here forth and thereafter adjusting such figure taking into consideration relevant inflationary and deflationary factors and such other factors as Landlord deems reasonable (e.g. special maintenance and/or repair needs, costs to maintain during each subsequent Comparison Year of the designation of Class “B” office space, unusual weather patterns, etcTerm. . .). During For each calendar year, commencing as of Lease Year beginning in the calendar year “2020”201_, Tenant shall pay to Landlord an estimate, as calculated herein, of Tenant’s Proportionate Share of the Estimated Excess Operating Expenses (hereinafter “Tenant’s Estimated Proportionate Share”)'s Additional Rent, which amount shall be subject to reconciliation and adjustment as set forth below. Tenant’s Estimated Proportionate share payment shall be paid to Landlord monthly (with Txxxxx’s payment of Basic Monthly Rent) in an amount equal to one-twelfth (1/12) of such amountthe estimate, if any, with an adjustment to be made between the Parties at a later date as hereinafter provided. Within a reasonable period On or before March 1st, following the end of time after the expiration of any calendar yeareach Lease Year, Landlord shall submit to Tenant a statement setting forth the exact amount by cost category (e.g., repairs and maintenance, janitorial services, security services, insurance, management fees, utilities) of the actual Excess Operating Expenses Expenses, if any, for the prior Lease Year just completed and the estimated amount of any Additional Rent (Tenant's Proportionate Share of any Excess Operating Expense that was paid in accordance with this subparagraph) for such year. Such statement shall also set forth the amount of the Estimated estimated Additional Rent reimbursement, as limited above, for the new Lease Year computed by taking the estimated excess in Tenant's Proportionate Share of Operating Expenses for the new Lease Year in excess of Tenant's Proportionate Share of Base Year Operating Expenses and Txxxxx’s Estimated Proportionate Share dividing it by the number of months remaining in the new Lease Year. To the extent that Additional Rent for any period covered by such statement is greater than the estimated amount which Tenant previously paid during the Lease Year just completed, Tenant shall pay to Landlord the difference, as calculated above, within thirty (30) days following receipt of said statement from Landlord. To the extent that Additional Rent for the then current calendar year. In period covered by the event statement is less than the estimated amount actually which Xxxxxx previously paid by Txxxxx as Txxxxx’s Estimated Proportionate Share during the prior calendar year exceeded Tenant’s Proportionate Share of the actual Operating Expenses for such YearLease Year just completed, Landlord shall credit such amount the difference against Tenant’s payment of Tenant’s Estimated Proportionate Share during 's estimated Additional Rent for the then current calendar year new Lease Year as stated above and such credit will be applied to the next successive payment or payments due from Tenant to Landlord. In the event the amount actually paid by Txxxxx as Txxxxx’s Estimated Proportionate Share during the prior calendar year was less than Tenant’s Proportionate Share of the actual Operating Expenses for such Year, Tenant shall pay the difference to Landlord within thirty (30) days following receipt of such statement from Landlord. Notwithstanding the foregoingaddition, until such time as Tenant Xxxxxx receives such statement, Txxxxx’s Xxxxxx's monthly reimbursement Additional Rent amount applied to the new calendar year Lease Year shall continue to be paid at the rate for the previous calendar yearLease Year, but Tenant shall commence payment to Landlord of the monthly installments of reimbursement on the basis of the new statement beginning on the first day of the month following the month in which Txxxxx Xxxxxx receives such statement.

Appears in 1 contract

Samples: Lease Agreement

Adjustment Mechanism. It is hereby agreed that commencing in (i) On or before March first, following the calendar year “2020” and continuing for end of each calendar year thereafter (each such year being referred to hereinafter as the “Comparison Lease Year”), Tenant shall pay to Landlord, as additional rent (hereinafter referred to as “Tenant’s Share of the Operating Expenses”), Txxxxx’s Proportionate Share of the amount by which the Operating Expenses for the Comparison Year actually exceed the Base Year Operating Expenses (hereinafter, the “Excess Operating Expenses”). The amount which Landlord designates as the estimated Excess Operating Expenses (hereinafter, the “Estimated Excess Operating Expenses”) shall be determined by Landlord, using the prior year’s actual Operating Expenses as the starting point for such calculation, and thereafter adjusting such figure taking into consideration relevant inflationary and deflationary factors and such other factors as Landlord deems reasonable (e.g. special maintenance and/or repair needs, costs to maintain the designation of Class “B” office space, unusual weather patterns, etc. . .). During each calendar year, commencing as of the calendar year “2020”, Tenant shall pay to Landlord Tenant’s Proportionate Share of the Estimated Excess Operating Expenses (hereinafter “Tenant’s Estimated Proportionate Share”), which amount shall be subject to reconciliation and adjustment as set forth below. Tenant’s Estimated Proportionate share shall be paid to Landlord monthly (with Txxxxx’s payment of Basic Monthly Rent) in an amount equal to one-twelfth (1/12) of such amount. Within a reasonable period of time after the expiration of any calendar year, Landlord shall submit to Tenant a statement setting forth the exact amount of the actual Excess excess, if any, in Tenant's Proportionate Share of the Operating Expenses for the prior Lease Year just completed and the estimated amount of Tenant's Proportionate Share of the Operating Expense (which was paid in accordance with this subparagraph) for such year. Such statement shall also set forth the amount of the Estimated estimated Operating Expenses and Txxxxx’s Estimated reimbursement, as limited above, for the new Lease Year computed by taking the estimated excess in Tenant's Proportionate Share of Operating Expenses for the then current calendar yearnew Lease Year and dividing it by the number of months remaining in the new Lease Year. In To the event the amount actually paid by Txxxxx as Txxxxx’s Estimated extent that Xxxxxx's Proportionate Share of the actual Operating Expense for any period covered by such statement is greater than the estimate which Tenant previously paid during the prior calendar year exceeded Tenant’s Lease Year just completed, Tenant shall pay to Landlord the difference in cash, as limited above, within thirty (30) days following receipt of said statement from Landlord. To the extent that Xxxxxx's Proportionate Share of the actual Operating Expenses for such Yearthe period covered by the statement is less than the estimate which Xxxxxx previously paid during the Lease Year just completed, Landlord shall credit such amount the difference against the Tenant’s payment of Tenant’s Estimated Proportionate Share during 's estimated reimbursement for Operating Expenses for the then current calendar year new Lease Year as stated above and such credit will be applied to the next successive payment or payments due from Tenant to Landlord. In the event the amount actually paid by Txxxxx as Txxxxx’s Estimated Proportionate Share during the prior calendar year was less than Tenant’s Proportionate Share of the actual Operating Expenses for such Year, Tenant shall pay the difference to Landlord within thirty (30) days following receipt of such statement from Landlord. Notwithstanding the foregoingaddition, until such time as Tenant Xxxxxx receives such statement, Txxxxx’s Xxxxxx's monthly reimbursement applied to the new calendar year Lease Year shall continue to be paid at the rate for the previous calendar yearLease Year, but Tenant shall commence payment to Landlord of the monthly installments of reimbursement on the basis of the new statement beginning on the first day of the month following the month in which Txxxxx Xxxxxx receives such statement.

Appears in 1 contract

Samples: Lease Agreement

Adjustment Mechanism. It is hereby agreed that commencing in the calendar year “2020” and continuing (a) As provided below, for each calendar year thereafter (each such year being referred to hereinafter as the “Comparison Year”), Tenant shall pay to Landlord, as additional rent (hereinafter referred to as “Tenant’s Share of the Operating Expenses”), Txxxxx’s Proportionate Share of the amount by which the Operating Expenses for the Comparison Year actually exceed the Base Year Operating Expenses Lease Term (hereinafter, the “Excess Operating Expenses”). The amount which Landlord designates as the estimated Excess Operating Expenses (hereinafter, the “Estimated Excess Operating Expenses”) shall be determined by Landlord, using the prior year’s actual Operating Expenses as the starting point for such calculation, and thereafter adjusting such figure taking into consideration relevant inflationary and deflationary factors and such other factors as Landlord deems reasonable (e.g. special maintenance and/or repair needs, costs to maintain the designation of Class “B” office space, unusual weather patterns, etc. . .). During each calendar year, commencing as of including the calendar year “2020”, in which the Lease Term commences) Tenant shall pay to Landlord Tenant’s Proportionate Pro Rata Share of the Estimated Excess amount of the increase in the Operating Expenses (hereinafter “Tenant’s Estimated Proportionate Share”), which amount for the calendar year just completed over Base Operating Expenses and shall be subject to reconciliation and adjustment as set forth below. Tenant’s Estimated Proportionate share shall be paid also pay to Landlord monthly (with Txxxxxduring each calendar year following the year in which the Lease Term commences, an estimate of Tenant’s payment Pro Rata Share of Basic Monthly Rent) in an the amount equal by which actual Operating Expenses attributable to one-twelfth (1/12) of the calendar year during which such amountamounts are paid will exceed the Base Operating Expenses. Within a reasonable period of time As soon as practicable after the expiration end of any each calendar yearyear during the Lease Term, beginning with the end of the calendar year in which the Lease Term commences, Landlord shall submit to Tenant a statement setting forth forth: (a) the exact amount of the increase, if any, in the amount of Tenant’s Pro Rata Share for the calendar year just completed over Base Operating Expenses; and (b) for each calendar year following the year in which the Lease Term commences, the difference, if any, between the amount of Tenant’s actual Excess Pro Rata Share of the Operating Expenses for the prior calendar year just completed and the estimated amount of Tenant’s Pro Rata Share of the increases paid for that year. Such Each statement shall also set forth the amount of the Estimated estimated increases in Operating Expenses and Txxxxx’s Estimated Proportionate Share over Base Operating Expenses for the then current new calendar yearyear computed in accordance with the foregoing. In To the event extent that the amount actually paid of Tenant’s Pro Rata Share of actual increases for the period covered by Txxxxx as Txxxxxsuch statement is higher than Tenant’s Estimated Proportionate payments (if any) of its Pro Rata Share during of the prior estimated increases for the calendar year exceeded just completed, Tenant shall pay to Landlord the difference in cash within 30 days following receipt of the statement from Landlord. If, however, the amount of Tenant’s Proportionate Pro Rata Share of the actual Operating Expenses increases for such Yearthe period covered by the statement is less than the amount of Tenant’s Pro Rata Share of the estimated increases paid during the calendar year just completed, Landlord shall credit such amount the difference against the Tenant’s estimated payment of Tenant’s Estimated Proportionate Share during the then current calendar year and for such credit will be applied to the next successive payment or payments due from Tenant to Landlord. In the event the amount actually paid by Txxxxx as Txxxxx’s Estimated Proportionate Share during the prior calendar year was less than Tenant’s Proportionate Share of the actual Operating Expenses for the current year. Until Tenant receives each such Yearstatement, Tenant shall continue to pay the difference to Landlord within thirty (30) days following receipt of such statement from Landlord. Notwithstanding the foregoing, until such time as Tenant receives such statement, Txxxxx’s monthly reimbursement applied to the new calendar year shall continue to be paid at the rate amount required for the previous calendar prior year, but Tenant shall commence payment to Landlord of the monthly installments of reimbursement such estimates on the basis of the new statement beginning on the first day of the month following the month in which Txxxxx Tenant receives such statement. Tenant shall also pay to Landlord or deduct from the rent, as the case may be, the difference, if any, between the monthly installments of rent, so adjusted, for the new year and the monthly installments of rent actually paid during the new year.

Appears in 1 contract

Samples: Lease Agreement (Texas Rare Earth Resources Corp.)

AutoNDA by SimpleDocs

Adjustment Mechanism. (1) It is hereby agreed that commencing in starting with the calendar year “2020” and continuing for each calendar year thereafter (each such year being referred to hereinafter as the “Comparison second Lease Year”), Tenant shall pay to Landlord, as additional rent (hereinafter referred to as “Tenant’s Share of the Operating Expenses”), Txxxxx’s Proportionate Share of the amount by which the Operating Expenses for the Comparison Year actually exceed the Base Year Operating Expenses (hereinafter, the “Excess Operating Expenses”). The amount which Landlord designates as the estimated Excess Operating Expenses (hereinafter, the “Estimated Excess Operating Expenses”) shall be determined by Landlord, using the prior year’s actual Operating Expenses as the starting point for such calculation, and thereafter adjusting such figure taking into consideration relevant inflationary and deflationary factors and such other factors as Landlord deems reasonable (e.g. special maintenance and/or repair needs, costs to maintain the designation of Class “B” office space, unusual weather patterns, etc. . .). During during each calendar year, commencing as of the calendar year “2020”subsequent Lease Year thereafter, Tenant shall pay to Landlord as additional rent, any projected increases in Tenant’s Proportionate 's Pro Rata Share I of the Operating Expenses I and Tenant's Pro Rata Share II of the Operating Expenses II in the Current Lease Year over calendar 1999 (hereinafter referred to collectively as "Tenant's Pro Rata Share of Operating Expense Increases." Commencing with the Estimated Excess 13th rental payment under this Lease, Tenant shall pay to Landlord an estimate of such Tenant's Pro Rata Share of Operating Expenses (hereinafter “Tenant’s Estimated Proportionate Share”)Expense Increases, which amount payment Tenant shall be subject to reconciliation and adjustment as set forth below. Tenant’s Estimated Proportionate share shall be paid pay to Landlord monthly (with Txxxxx’s payment of Basic Monthly Rent) in an amount equal to one-twelfth (1/12) of Tenant's Pro Rata Share of Operating Expense Increases for such amountLease Year, as reasonably estimated by Landlord, with an adjustment to be made between the parties at a later date as hereinafter provided. Within a reasonable period of time after As soon as practicable following the expiration end of any calendar yearLease Year, but not later than the first day of December, beginning with the end of the first Lease Year, Landlord shall submit to notify Tenant a statement setting forth of the exact difference, if any, between Tenant's actual Pro Rata Share of Operating Expense Increases for the Lease Year just completed and the estimated amount of the actual Excess Tenant's Pro Rata Share of Operating Expenses Expense Increases (which was paid in accordance with this subparagraph) for the prior such year. Such statement shall also set forth the amount of the Estimated estimated Tenant's Pro Rata Share of Operating Expenses and Txxxxx’s Estimated Proportionate Share Expense Increases reimbursement for the then current calendar yearnew Lease Year computed in accordance with the foregoing provisions. In To the event extent that actual Tenant's Pro Rata Share of Operating Expense Increases for any period covered by such statement is greater than the amount actually estimate which Tenant previously paid by Txxxxx as Txxxxx’s Estimated Proportionate Share during the prior calendar year exceeded Tenant’s Proportionate Share of the actual Operating Expenses for such Year, Landlord shall credit such amount against Tenant’s payment of Tenant’s Estimated Proportionate Share during the then current calendar year and such credit will be applied to the next successive payment or payments due from Tenant to Landlord. In the event the amount actually paid by Txxxxx as Txxxxx’s Estimated Proportionate Share during the prior calendar year was less than Tenant’s Proportionate Share of the actual Operating Expenses for such YearLease Year just completed, Tenant shall pay to Landlord the difference to Landlord in cash within thirty (30) 30 days following receipt of such said statement from Landlord. Notwithstanding To the foregoingextent that actual Tenant's Pro Rata Share of Operating Expense Increases for the period covered by the statement is less than the estimate which Tenant previously paid during the Lease Year just completed, Landlord shall pay to Tenant the difference within 30 days after the date of the statement. In addition, until such time as Tenant receives such statement, Txxxxx’s Tenant's monthly reimbursement applied to for the new calendar year Lease Year shall continue to be paid at the rate for the previous calendar yearLease Year, but Tenant shall commence payment to Landlord of the monthly installments of reimbursement on the basis of the new statement beginning on the first day of the month following the month in which Txxxxx Tenant receives such statement. If the statement reflects a change in the monthly reimbursement amount, such difference shall be adjusted by increasing or decreasing the first monthly reimbursement payment after the statement is given in order to bring the reimbursement amount for the new Lease Year current as of such date.

Appears in 1 contract

Samples: Office Lease Agreement (Pentastar Communications Inc)

Adjustment Mechanism. (1) It is hereby agreed that commencing in the calendar year “2020” and continuing for during each calendar year thereafter (each such year being referred to hereinafter as the “Comparison Year”), Lease Year Tenant shall pay to Landlord, as additional rent (hereinafter referred to as “Tenant’s Additional Rent, the Pro Rata Share of the Operating Expenses”), Txxxxx’s Proportionate Share Expenses for such Lease Year in excess of the amount by which the Operating Expenses for the Comparison Year actually exceed the Base Year Operating Expenses (hereinafter, the “Excess Operating Expenses”). The amount which Landlord designates as , payable monthly, in advance, at the estimated Excess Operating Expenses (hereinafter, the “Estimated Excess Operating Expenses”) shall be determined by Landlord, using the prior year’s actual Operating Expenses as the starting point for such calculation, and thereafter adjusting such figure taking into consideration relevant inflationary and deflationary factors and such other factors as Landlord deems reasonable (e.g. special maintenance and/or repair needs, costs to maintain the designation rate of Class “B” office space, unusual weather patterns, etc. . .). During each calendar year, commencing as of the calendar year “2020”, Tenant shall pay to Landlord Tenant’s Proportionate Share of the Estimated Excess Operating Expenses (hereinafter “Tenant’s Estimated Proportionate Share”), which amount shall be subject to reconciliation and adjustment as set forth below. Tenant’s Estimated Proportionate share shall be paid to Landlord monthly (with Txxxxx’s payment of Basic Monthly Rent) in an amount equal to one-one twelfth (1/12) of such amountLandlord’s estimate thereof, on the same date and at the same place Base Rent is payable, with an adjustment to be made between the parties at a later date as hereinafter provided. Within a reasonable period of time after As soon as practicable following the expiration end of any calendar yearLease Year, Landlord shall submit to Tenant a statement setting forth the exact amount of the actual Excess Operating Expenses for the prior Lease Year just completed and the difference, if any, between the actual Pro Rata Share of the Operating Expenses for the Lease Year just completed in excess of the Base Operating Expenses and the total amount of the estimated payments of the Pro Rata Share of Operating Expenses which was paid in accordance with this Subsection for such year. Such statement shall may also set forth the amount of the Estimated estimated Operating Expenses and Txxxxx’s Estimated Proportionate Share reimbursement for the then current calendar yearnew Lease Year or Landlord may provide such information in a separate statement issued to Tenant at such earlier date to coincide with the start of the new Lease Year. In To the event extent that the amount actually paid by Txxxxx as Txxxxx’s Estimated Proportionate Share during the prior calendar year exceeded Tenant’s Proportionate actual Pro Rata Share of Operating Expenses in excess of the actual Base Operating Expenses for any period covered by such Year, Landlord shall credit such amount against Tenant’s payment of Tenant’s Estimated Proportionate Share statement is greater than the estimated amounts previously paid by Tenant during the then current calendar year and such credit will be applied to the next successive payment or payments due from Tenant to Landlord. In the event the amount actually paid by Txxxxx as Txxxxx’s Estimated Proportionate Share during the prior calendar year was less than Tenant’s Proportionate Share of the actual Operating Expenses for such Yearsame period, Tenant shall pay to Landlord the difference to Landlord by cashier’s check or money order within thirty (30) days following receipt of such said statement from Landlord. Notwithstanding To the foregoingextent that the actual Pro Rata Share of Operating Expenses for the period covered by the statement is less than the estimated amount which Tenant previously paid during such period, Landlord shall credit the excess against any sums then owing or next coming due from Tenant to Landlord. In addition, until such time as Tenant receives such statementa statement indicating otherwise, TxxxxxTenant’s monthly reimbursement applied to payment of its estimated share of Operating Expenses for the new calendar year Lease Year shall continue to be paid at the rate for the previous calendar yearLease Year, but Tenant shall commence payment to Landlord of the monthly installments of reimbursement Tenant’s estimated share of Operating Expenses on the basis of the new statement beginning on the first day of the month following the month in which Txxxxx Tenant receives such statement. If the statement reflects a change in the monthly reimbursement amount, such difference shall be adjusted by increasing or decreasing the first monthly reimbursement payment after the statement is given in order to bring the reimbursement amount for the new Lease Year current as of such date.

Appears in 1 contract

Samples: Office Building Lease (Georesources Inc)

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