Common use of Common Area Maintenance Costs Clause in Contracts

Common Area Maintenance Costs. (i) ESTIMATED PAYMENTS. Commencing on the Commencement Date and continuing throughout the entire Term, Tenant shall pay Tenant's Percentage Share of all Common Area Maintenance Costs paid or payable by Landlord in each year; provided, however, that Tenant shall pay Tenant's Building Share of those Common Area Maintenance Costs arising from Landlord's performance of its obligations under PARAGRAPHS 17.A and Tenant's obligations under PARAGRAPH 17.D. Before commencement of the Term and during December of each calendar year or as soon thereafter as practicable, Landlord shall give Tenant notice of its estimate of amounts payable under this PARAGRAPH 5.D.(I) for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts, provided that if such notice is not given in December, Tenant shall continue to pay on the basis of the prior year's estimate until the month after such notice is given. If at any time or times it appears to Landlord, in its reasonable judgment, that the amounts payable under this PARAGRAPH 5.D.(I) for the current calendar year will vary from its then-current estimate by more than five percent (5%), Landlord may, in its sole discretion, by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate. Landlord's election not to give the notice described in the foregoing sentence shall not affect Landlord's ability to charge Tenant for, nor Tenant's liability to pay for, any shortfall in the estimated payments for such calendar year previously made by Tenant, as set forth in PARAGRAPH 5.D.(II).

Appears in 1 contract

Samples: Lease (Broadvision Inc)

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Common Area Maintenance Costs. (i) ESTIMATED PAYMENTSEstimated Payments. Commencing on the Commencement Date ------------------ and continuing throughout the entire Term, Tenant shall pay Tenant's Percentage Share of all Common Area Maintenance Costs paid or payable by Landlord in each year; provided, however, that Tenant shall pay Tenant's Building Share one hundred percent (100%) of those Common Area Maintenance Costs arising from Landlord's performance of its obligations under PARAGRAPHS Paragraphs 17.A and Tenant's obligations under PARAGRAPH Paragraph 17.D. --------------- -------------- Before commencement of the Term and during December of each calendar year or as soon thereafter as practicable, Landlord shall give Tenant notice of its estimate of amounts payable under this PARAGRAPH 5.D.(IParagraph 5.D.(i) for the ensuing ----------------- calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts, provided that if such notice is not given in December, Tenant shall continue to pay on the basis of the prior year's estimate until the month after such notice is given. If at any time or times it appears to Landlord, in its reasonable judgment, that the amounts payable under this PARAGRAPH 5.D.(IParagraph 5.D.(i) for the current calendar year will vary from its then-current ----------------- estimate by more than five percent (5%), Landlord may, in its sole discretion, by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate. Landlord's election not to give the notice described in the foregoing sentence shall not affect Landlord's ability to charge Tenant for, nor Tenant's liability to pay for, any shortfall in the estimated payments for such calendar year previously made by Tenant, as set forth in PARAGRAPH 5.D.(IIParagraph 5.D.(ii).. ------------------

Appears in 1 contract

Samples: Suit Lease (At Home Corp)

Common Area Maintenance Costs. (i) ESTIMATED PAYMENTSEstimated Payments. Commencing on the Commencement Date and ------------------ continuing throughout the entire Term, Tenant shall pay Tenant's Percentage Share of all Common Area Maintenance Costs paid or payable by Landlord in each year; provided, however, that Tenant shall pay Tenant's Building Share one hundred percent (100%) of those Common Area Maintenance Costs arising from Landlord's performance of its obligations under PARAGRAPHS Paragraphs 17.A and Tenant's obligations under PARAGRAPH Paragraph 17.D. --------------- -------------- Before commencement of the Term and during December of each calendar year or as soon thereafter as practicable, Landlord shall give Tenant notice of its estimate of amounts payable under this PARAGRAPH 5.D.(IParagraph 5.D.(i) for the ensuing ----------------- calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts, provided that if such notice is not given in December, Tenant shall continue to pay on the basis of the prior year's estimate until the month after such notice is given. If at any time or times it appears to Landlord, in its reasonable judgment, that the amounts payable under this PARAGRAPH 5.D.(IParagraph 5.D.(i) for the current calendar year will vary from its then-current ----------------- estimate by more than five percent (5%), Landlord may, in its sole discretion, by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate. Landlord's election not to give the notice described in the foregoing sentence shall not affect Landlord's ability to charge Tenant for, nor Tenant's liability to pay for, any shortfall in the estimated payments for such calendar year previously made by Tenant, as set forth in PARAGRAPH 5.D.(IIParagraph 5.D.(ii).. ------------------

Appears in 1 contract

Samples: Suit Lease (At Home Corp)

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Common Area Maintenance Costs. (i) ESTIMATED PAYMENTSEstimated Payments. Commencing on the Commencement Date and ------------------ continuing throughout the entire Term, Tenant shall pay Tenant's Percentage Share of all other Common Area Maintenance Costs paid or payable by Landlord in each year; provided, however, that Tenant shall pay Tenant's Building Share of those Common Area Maintenance Costs arising from Landlord's performance of its obligations under PARAGRAPHS 17.A and Tenant's obligations under PARAGRAPH 17.D. Paragraph 17.A. Before commencement of the Term and during -------------- December of each calendar year or as soon thereafter as practicable, Landlord shall give Tenant notice of its estimate of amounts payable under this PARAGRAPH 5.D.(IParagraph 5.E.(i) for the ensuing calendar year. Such notice shall show in ----------------- reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts, provided that if such notice is not given in December, Tenant shall continue to pay on the basis of the prior year's estimate until the month after such notice is given. If at any time or times it appears to Landlord, in its reasonable judgment, that the amounts payable under this PARAGRAPH 5.D.(IParagraph 5.E.(i) for the current calendar year will ----------------- vary from its then-then current estimate by more than five percent (5%), Landlord may, in its sole discretion, shall by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate. Landlord's election not to give the notice described in the foregoing sentence shall not affect Landlord's ability to charge Tenant for, nor Tenant's liability to pay for, any shortfall in the estimated payments for such calendar year previously made by Tenant, as set forth in PARAGRAPH 5.D.(II).

Appears in 1 contract

Samples: Lease (Supportsoft Inc)

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