Annual Readjustment of Additional Rent. As soon as practicable after the expiration of each Lease Year, the Landlord shall make a final determination of Operating Costs, Realty Taxes and other estimated Additional Rent based on the actual costs incurred, and shall so notify the Tenant, providing reasonable details as to the breakdown and calculation. If there has been a shortfall, the Tenant shall pay to the Landlord the amount of such shortfall within twenty (20) days after delivery of the Landlord’s notice. Any overpayment may be paid by the Landlord to the Tenant without interest, or credited to the Tenant’s account and held by the Landlord without interest and applied to payments falling due under the Lease. In the event of any dispute, the report of the Landlord’s auditor or accountant shall be conclusive as to the amount thereof for any period to which such report relates.
Annual Readjustment of Additional Rent. As soon as practicable after the expiration of each year, the Landlord shall make a final determination of Realty Taxes and other estimated Additional Rent, based on the actual costs incurred therefor by the Landlord, and shall notify the Tenant of such determination, providing reasonable detail as to the breakdown and calculation thereof. If there has been a shortfall in the amounts payable by the Tenant for such period, the Tenant shall pay such shortfall within twenty (20) days after delivery of the Landlord's notice. Any overpayment may be paid by the Landlord to the Tenant without interest, or credited to the Tenant's account and held by the Landlord without interest, to be applied to payments falling due under this Lease. In the event of any dispute, the report of the Landlord's auditor or accountant as to Additional Rent shall be conclusive as to the amount thereof for any period to which such report relates. Neither the Landlord nor the Tenant may claim any adjustment on account of Additional Rent for any fiscal period more than two (2) years after the date of delivery of the statement for such period.
