Common use of Annual Settlement Clause in Contracts

Annual Settlement. As soon as practicable after the close of each calendar year subsequent to the Base Year, Landlord will deliver to Tenant its statement of Tenant's Share of Additional Expenses and Additional Taxes for such calendar year. If on the basis of such statement Tenant owes an amount that is less than the estimated payments previously made by Tenant for such calendar year, Landlord will either refund such excess amount to Tenant or credit such excess amount against the next payment(s), if any, due from Tenant to Landlord. If on the basis of such statement Tenant owes an amount that is more than the estimated payments previously made by Tenant for such calendar year, Tenant will pay the deficiency to Landlord within 30 days after the delivery of such statement. If this Lease commences on a day other than the first day of a calendar year or terminates on a day other than the last day of a calendar year, Tenant's Share of Additional Expenses and Additional Taxes applicable to the calendar year in which such commencement or termination occurs will be prorated on the basis of the number of days within such calendar year that are within the Term.

Appears in 3 contracts

Samples: Lease Agreement (Medibuy Com Inc), Sublease Agreement (Xanodyne Pharmaceuticals Inc), Sublease (Pennaco Energy Inc)

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Annual Settlement. As soon as practicable after the close of each calendar year subsequent to the Base Yearyear, Landlord will deliver to Tenant its statement of Tenant's Share of Additional Common Area Expenses and Additional Taxes for such calendar year. If If, on the basis of such statement statement, Tenant owes an amount that is less than the estimated payments previously made by Tenant for such calendar year, Landlord will either refund such excess amount to Tenant or credit such excess amount against the next payment(s), if any, due from Tenant to Landlord. If If, on the basis of such statement statement, Tenant owes an amount that is more than the estimated payments previously made by Tenant for such calendar year, Tenant will pay the deficiency to Landlord within 30 days after the delivery of such statement. If this Lease commences on a day other than the first day of a calendar year or terminates on a day other than the last day of a calendar year, Tenant's Share of Additional Taxes and Common Areas Expenses and Additional Taxes applicable to the calendar year in which such commencement or termination occurs will be prorated on the basis of the number of days within such calendar year that are within the Term.

Appears in 1 contract

Samples: Flex Lease Agreement (Essex Corporation)

Annual Settlement. As soon as practicable (but not more than three months) after the close of each calendar year subsequent to the Base Yearyear, Landlord will deliver to Tenant its statement of Tenant's Share of Additional Operating Expenses and Additional Taxes for such calendar yearyear (a “Statement”). If on the basis of such statement Statement Tenant owes an amount that is less than the estimated payments previously made by Tenant for such calendar year, Landlord will either refund such excess amount to Tenant or credit such excess amount against the next payment(s), if any, due from Tenant to Landlord. If on the basis of such statement Statement Tenant owes an amount that is more than the estimated payments previously made by Tenant for such calendar year, Tenant will pay the deficiency to Landlord within 30 days after the delivery of such statementStatement. If this Lease commences on a day other than the first day of a calendar year or terminates on a day other than the last day of a calendar year, Tenant's Share of Additional Operating Expenses and Additional Taxes applicable to the calendar year in which such commencement or termination occurs will be prorated on the basis of the number of days within such calendar year that are within the Term.

Appears in 1 contract

Samples: Lease Agreement (Singulex Inc)

Annual Settlement. As soon as practicable after the close of each calendar year subsequent to year, but in no event more than 90 days after the Base Yearclose of each calendar year, Landlord will deliver to Tenant its statement of TenantLandlord's Share of Additional Premises Expenses and Additional Taxes for such calendar year. If If, on the basis of such statement statement, Tenant owes an amount that is less than the estimated payments previously made by Tenant for such calendar year, Landlord will either refund such excess amount to Tenant or credit such excess amount against the next Additional Rent payment(s), if any, due from Tenant to Landlord. If If, on the basis of such statement statement, Tenant owes an amount that is more than the estimated payments previously made by Tenant for such calendar year, Tenant will "-ill pay the deficiency to Landlord within 30 days after the delivery of such statement. If this Lease commences on a day other than the first day of a calendar year or terminates on a day other than the last day of a calendar year, TenantLandlord's Share of Additional Premises Expenses and Additional Taxes applicable to the calendar year in which such commencement or termination occurs will be prorated on the basis of the number of days within such calendar year that are within the Term.

Appears in 1 contract

Samples: Lease Agreement (Ilx Lightwave Corp)

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Annual Settlement. As soon as practicable practicable, but no later than 120 days after the close of each calendar year subsequent to the Base Fiscal Year, Landlord will deliver to Tenant its statement of Tenant's Share of Additional Expenses and Additional Taxes for such calendar yearFiscal Year. If on the basis of such statement Tenant owes an amount that is less than the estimated payments previously made by Tenant for such calendar yearFiscal Year, Landlord will either refund such excess amount to Tenant or credit such excess amount against the next payment(s), if any, due from Tenant to Landlord. If on the basis of such statement Tenant owes an amount that is more than the estimated payments previously made by Tenant for such calendar yearFiscal Year, Tenant will pay the deficiency to Landlord within 30 days after the delivery of such statement. If this Lease commences on a day other than the first day of a calendar year Fiscal Year or terminates on a day other than the last day of a calendar yearFiscal Year, Tenant's Share of Additional Expenses and Additional Taxes applicable to the calendar year Fiscal Year in which such commencement or termination occurs will be prorated on the basis of the number of days within such calendar year Fiscal Year that are within the Term.

Appears in 1 contract

Samples: Lease Agreement (CDW Computer Centers Inc)

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