Common use of Adjustments following Tenant’s Review Clause in Contracts

Adjustments following Tenant’s Review. If the Independent CPA (or, if Landlord does not dispute Tenant's Review as provided in Section 3.9.3 above, Tenant's Review) shows that the payments actually made by Tenant with respect to the Operating Expenses for the calendar year in question exceeded the actual Operating Expenses for such calendar year, Landlord shall at Landlord's option either (a) credit the amount of such overpayment toward the next ensuing payment or payments of Additional Rent that would otherwise be due, or (b) refund in cash to Tenant the amount of such overpayment within thirty (30) days after the Independent CPA determination (or, if Landlord does not dispute Tenant Review, after delivery of Tenant's Review). If a credit amount is due Tenant after the expiration or earlier termination of this Lease, Landlord shall pay to Tenant any excess remaining after Landlord credits such amount against any sums owed by Tenant to Landlord within thirty (30) days after the Independent CPA determination (or after Landlord determines not to dispute Tenant's Review). If the Independent CPA or Tenant's Review, if Landlord does not dispute Tenant's Review, as provided in Section 3.9.3, shows that Tenant's payment of Operating Expenses was less than actual Operating Expenses for such calendar year, Tenant shall pay the deficiency to Landlord within thirty (30) days after delivery of the determination of the Independent CPA (or, if Landlord does not dispute Tenant Review, after delivery of Tenant's Review).

Adjustments following Tenant’s Review. If the Independent CPA (or, if Landlord does not dispute Tenant's ’s Review as provided in Section 3.9.3 above, Tenant's ’s Review) shows that the payments actually made by Tenant with respect to the Operating Expenses for the calendar year in question exceeded the actual Operating Expenses for such calendar year, Landlord shall at Landlord's ’s option either (a) credit the amount of such overpayment toward the next ensuing payment or payments of Additional Rent that would otherwise be due, or (b) refund in cash to Tenant the amount of such overpayment within thirty (30) days after the Independent CPA CPA’s determination (or, if Landlord does not dispute Tenant Review, after delivery of Tenant's ’s Review). If a credit amount is due Tenant after the expiration or earlier termination of this Lease, Landlord shall pay to Tenant any excess remaining after Landlord credits such amount against any sums owed by Tenant to Landlord within thirty (30) days after the Independent CPA CPA’s determination (or after Landlord determines not to dispute Tenant's ’s Review). If the Independent CPA or Tenant's ’s Review, if Landlord does not dispute Tenant's ’s Review, as provided in Section 3.9.3, shows that Tenant's ’s payment of Operating Expenses was less than actual Operating Expenses for such calendar year, Tenant shall pay the deficiency to Landlord within thirty (30) days after delivery of the determination of the Independent CPA (or, if Landlord does not dispute Tenant Review, after delivery of Tenant's ’s Review).

Adjustments following Tenant’s Review. If the Independent CPA (or, if Landlord does not dispute Tenant's ’s Review as provided in Section 3.9.3 5.7(b) above, Tenant's ’s Review) shows that the payments actually made by Tenant with respect to the Operating Expenses Escalation Rent for the calendar year in question exceeded the actual Operating Expenses amount of Escalation Rent due from Tenant for such calendar year, Landlord shall at Landlord's ’s option either (a) credit the excess amount of such overpayment toward to the next ensuing payment or payments succeeding installments of Additional estimated Escalation Rent that would otherwise be due, or (b) refund in cash pay the excess to Tenant the amount of such overpayment within thirty (30) days after delivery of the determination of the Independent CPA determination (or, if Landlord does not dispute Tenant Review, after delivery of Tenant's ’s Review). If a credit amount is due Tenant , except that after the expiration or earlier termination of this Lease, Landlord shall pay the excess to Tenant any excess remaining after Landlord credits such amount against any sums owed by Tenant to Landlord within thirty (30) days after the Independent CPA determination (or after Landlord determines not to dispute Tenant's Review)such determination. If the Independent CPA or Tenant's Review(or, if Landlord does not dispute Tenant's Review, ’s Review as provided in Section 3.9.35.7(b) above, Tenant’s Review) shows that Tenant's ’s payment of Operating Expenses Escalation Rent for the calendar year was less than the actual Operating Expenses amount of Escalation Rent due from Tenant for such calendar year, Tenant shall pay the deficiency to Landlord within thirty (30) days after delivery of the determination of the Independent CPA (or, if Landlord does not dispute Tenant Review, after delivery of Tenant's ’s Review).

Adjustments following Tenant’s Review. If the Independent CPA (or, . if Landlord does not dispute Tenant's Review as provided in Section 3.9.3 5.7(b) above, Tenant's Review) shows that the payments actually made by Tenant with respect to the Operating Expenses Escalation Rent for the calendar year in question exceeded the actual Operating Expenses amount of Escalation Rent due from Tenant for such calendar year, Landlord shall at Landlord's option either (a) credit the excess amount of such overpayment toward to the next ensuing payment or payments succeeding installments of Additional estimated Escalation Rent that would otherwise be due, or (b) refund in cash pay the excess to Tenant the amount of such overpayment within thirty (30) days after delivery of the determination of the Independent CPA determination (or, if Landlord does not dispute Tenant Review, after delivery of Tenant's ’s Review). If a credit amount is due Tenant , except that after the expiration or earlier termination of this Lease, Landlord shall pay the excess to Tenant any excess remaining after Landlord credits such amount against any sums owed by Tenant to Landlord within thirty (30) days after the Independent CPA determination (or after Landlord determines not to dispute Tenant's Review)such determination. If the Independent CPA or Tenant's Review(or, if Landlord does not dispute Tenant's Review, ’s Review as provided in Section 3.9.35.7(b) above, Tenant’s Review) shows that Tenant's ’s payment of Operating Expenses Escalation Rent for the calendar year was less than the actual Operating Expenses amount of Escalation Rent due from Tenant for such calendar year, Tenant shall pay the deficiency to Landlord within thirty (30) days after delivery of the determination of the Independent CPA (or, if Landlord does not dispute Tenant Review, after delivery of Tenant's ’s Review).

Adjustments following Tenant’s Review. If the Independent CPA (or, if Landlord does not dispute Tenant's Review as provided in Section 3.9.3 5.7.2 above, Tenant's Review) shows that the payments actually made by Tenant with respect to the Operating Expenses Escalation Rent for the calendar year in question exceeded the actual Tenant's Percentage Share of Operating Expenses or Real Property Taxes for such calendar year, Landlord shall at Landlord's option either (a) credit the excess amount of such overpayment toward to the next ensuing payment or payments succeeding installments of Additional estimated Escalation Rent that would otherwise be due, or (b) refund in cash pay the excess to Tenant the amount of such overpayment within thirty (30) days after delivery of the determination of the Independent CPA determination (or, if Landlord does not dispute Tenant Tenant's Review, after delivery of Tenant's Review). If a credit amount is due Tenant , except that after the expiration or earlier termination of this Lease, Landlord shall pay the excess to Tenant any excess remaining after Landlord credits such amount against any sums owed by Tenant to Landlord within thirty (30) days after the Independent CPA determination (or after Landlord determines not to dispute Tenant's Review). If the Independent CPA or Tenant's Review(or, if Landlord does not dispute Tenant's Review, Review as provided in Section 3.9.35.7.2, Tenant's Review) shows that Tenant's payment of Operating Expenses Escalation Rent was less than actual Tenant's Percentage Share of Operating Expenses or Real Property Taxes for such calendar year, Tenant shall pay the deficiency to Landlord within thirty (30) days after delivery of the determination of the Independent CPA (or, if Landlord does not dispute Tenant Review, after delivery of Tenant's Review).

Adjustments following Tenant’s Review. If the Independent CPA (or, if Landlord does not dispute Tenant's ’s Review as provided in Section 3.9.3 5.6.2 above, Tenant's ’s Review) shows that the payments actually made by Tenant with respect to the Operating Expenses Escalation Rent for the calendar year in question exceeded the actual Operating Expenses Escalation Rent that should have been paid for such calendar that year, Landlord shall at Landlord's ’s option either (a) credit the excess amount of such overpayment toward to the next ensuing payment or payments succeeding installments of Additional estimated Escalation Rent that would otherwise be due, or (b) refund in cash pay the excess to Tenant the amount of such overpayment within thirty (30) days after delivery of the determination of the Independent CPA determination (or, if Landlord does not dispute Tenant Review, after delivery of Tenant's ’s Review). If a credit amount is due Tenant , except that after the expiration or earlier termination of this Lease, Landlord shall pay the excess to Tenant any excess remaining after Landlord credits such amount against any sums owed by Tenant to Landlord within thirty (30) days after the Independent CPA determination (or after Landlord determines not to dispute Tenant's Review). If the Independent CPA or Tenant's Review(or, if Landlord does not dispute Tenant's Review, ’s Review as provided in Section 3.9.35.6.2, Tenant’s Review) shows that Tenant's ’s payment of Operating Expenses Escalation Rent was less than actual Operating Expenses the amount that should have been paid for such calendar year, Tenant shall pay the deficiency to Landlord within thirty (30) days after delivery of the determination of the Independent CPA (or, if Landlord does not dispute Tenant Review, after delivery of Tenant's ’s Review). If the Independent CPA (or, if Landlord does not dispute Tenant’s Review as provided in Section 5.6.2 above, Tenant’s Review) shows that Tenant has overpaid with respect to Operating Expenses and Real Property Taxes, in the aggregate, by more than three percent (3%), then Landlord shall reimburse Tenant for all costs incurred by Tenant for Tenant’s Review.