COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty (30) days after receipt of such statement. If such statement shows that Tenaxx'x xayments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Share of Basic Operating Cost, then (provided that Tenant is not in Default under this Lease) Landlord shall credit the difference against the Estimated Basic Operating Cost payment next due. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty (30) days after the date of delivery of the statement and this obligation shall survive termination of the Lease. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect.
Appears in 2 contracts
Samples: Lease (Virologic Inc), Lease (Virologic Inc)
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Share of Basic Operating Cost, then (provided that Tenant is not in Default under this Lease) Landlord shall credit the difference against the Estimated Basic Operating Cost payment next due. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Lease. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect.
Appears in 1 contract
Samples: Vaxgen Inc
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal Fiscal year just ended, accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payment of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate exceeds Tenant's Proportionate Share of Basic Operating Cost, then (provided that Tenant is not in Default default under this Lease) Landlord shall credit pay to Tenant the difference against the Estimated Basic Operating Cost payment next duewithin twenty (20) days after delivery of such statement to Tenant. If this Lease has been terminated or the Term term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Tenant's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect.
Appears in 1 contract
Samples: Lease (Sport Supply Group Inc)
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. “Basic Operating Cost Adjustment" ” shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, year or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, accompanied by a computation of the Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant’s payment based upon Estimated Basic Operating Cost is less than Tenant's ’s Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant’s payment of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate exceeds Tenant’s Proportionate Share of Basic Operating Cost, then (provided that Tenant is not in Default default under this Lease) Landlord shall at Landlord’s option credit the difference against to Tenant’s Rent payment(s) next due hereunder or pay the Estimated Basic Operating Cost payment next duedifference to Tenant, in either case within twenty (20) days after delivery of such statement to Tenant. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the a fiscal year, Tenaxx'x Xroportionate Tenant’s Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect. No delay by Landlord in submitting any statement shall constitute a waiver of Landlord’s right to submit such statement or to collect Tenant’s Proportionate Share of Basic Operating Cost due hereunder.
Appears in 1 contract
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, ended accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Xxxxxx's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Xxxxxx's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Xxxxxx's Proportionate Share of Basic Operating Costcosts, then (provided that Tenant is not in Default default under this Lease) ), Landlord shall credit pay to Tenant the difference against the Estimated Basic Operating Cost payment next duewithin twenty (20) days of such statement. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Xxxxxx's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease for which Tenant is in effectobligated to pay Base Rent.
Appears in 1 contract
Samples: Lease Agreement (Wireless Inc)
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Operation Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty One Hundred Twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Tenant's Proportionate Share of Basic Operating Cost, then (provided that Tenant is not in Default under this Lease) Landlord shall credit the difference against the Estimated Basic Operating Cost payment next due. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Lease. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Tenant's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect.
Appears in 1 contract
Samples: Paypal Inc
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, accompanied by a computation of Basic Operating Cost Adjustment. Landlord's statement of Basic Operating Costs should include a reasonable line-item breakdown and reasonable supporting data. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Tenant's Proportionate Share of Basic Operating Cost, then (provided that Tenant is not in Default default under this Lease) Landlord shall credit pay to Tenant the difference against the Estimated Basic Operating Cost payment next duewithin twenty (20) days after delivery of such statement to Tenant. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Tenant's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect.
Appears in 1 contract
Samples: Conceptus Inc
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, year Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, ended accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated xxxx Xstimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty (30) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payments of Estimated Esxxxxxxd Basic Operating Cost exceed Tenaxx'x Xroportionate Share Tenant's Proportionate Xxxxx of Basic Operating Cost, then (provided that Tenant is Tenant's not in Default default under this Lease) Landlord shall credit pay to Tenant the difference against the Estimated Basic Operating Cost payment next duewithin thirty (30) days after delivery of such statement to Tenant. If this Lease has been terminated or the Term Team hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty (30) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate . Tenant's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect.
Appears in 1 contract
Samples: Sublease (Spectrian Corp /Ca/)
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, ended accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Tenant's Proportionate Share of Basic Operating CostCosts, then (provided that Tenant is not in Default default under this Lease) ). Landlord shall credit pay to Tenant the difference against the Estimated Basic Operating Cost payment next duewithin twenty (20) days of such statement. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Tenant's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease for which Tenant is in effectobligated to pay Base Rent.
Appears in 1 contract
Samples: Consent to Sublease Agreement (Cholestech Corporation)
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a REASONABLY DETAILED statement of Basic Operating Cost for the fiscal year just ended, ended accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share (as defined in the Basic Lease Information) of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Tenant's Proportionate Share of Basic Operating CostCosts, then (provided that Tenant is not in Default default under this Lease) ), Landlord shall credit pay to Tenant the difference against the Estimated Basic Operating Cost payment next duewithin twenty (20) days of such statement. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Tenant's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease for which Tenant is in effectobligated to pay Base Rent.
Appears in 1 contract
Samples: Intuit Inc
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, ended accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Tenant's Proportionate Share of Basic Operating Costcosts, then (provided that Tenant is not in Default default under this Lease) ), Landlord shall credit pay to Tenant the difference against the Estimated Basic Operating Cost payment next duewithin twenty (20) days of such statement. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Lease. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate . Tenant's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease for which Tenant is in effect.obligated to pay Base Rent. ----------------------------------------------------------------- -8- -----------------------------------------------------------------
Appears in 1 contract
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. “Basic Operating Cost Adjustment" ” shall mean the difference between Estimated Basic Operating Cost and actual Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of the actual Basic Operating Cost for the fiscal year just ended, accompanied by a computation of Basic Operating Cost AdjustmentAdjustment for said previous fiscal year. If such statement shows that Tenaxx'x xayment Xxxxxx’s payment based upon Estimated Basic Operating Cost is less than Tenant's ’s Proportionate Share of the actual Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Xxxxxx’s payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Xxxxxx’s Proportionate Share of the actual Basic Operating Cost, then (provided that Tenant is not in Default default under this Lease) Landlord shall credit the difference apply said overpayment by Tenant against the Estimated Xxxxxx’s Proportionate Share of Basic Operating Cost payment due or next becoming due. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Lease. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effectstatement.
Appears in 1 contract
Samples: Lease (1847 Holdings LLC)
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Tenant's Proportionate Share of Basic Operating Cost, then (provided that Tenant is not in Default default under this LeaseLease beyond any applicable notice, grace and cure period) Landlord shall credit pay to Tenant the difference against the Estimated Basic Operating Cost payment next duewithin twenty (20) days after delivery of such statement to Tenant. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Tenant's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect.
Appears in 1 contract
Samples: Lease (O S I Corp)
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated Xxxxxxted Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payments of Estimated Exxxxxxed Basic Operating Cost exceed Tenaxx'x Xroportionate Tenant's Proportionate Share of xx Basic Operating Cost, then (provided that Tenant is not in Default under this Lease) Landlord shall credit the difference against the Estimated Basic Operating Cost payment next due. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Lease. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Share of the Tenant's Proportionate Sharx xx xhe Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect.
Appears in 1 contract
Samples: Cellegy Pharmaceuticals Inc
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty ninety (12090) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicablepossible, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, ended accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Tenant's Proportionate Share of Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within twenty (20) days after receipt of such statement. If such statement shows that Tenant's payments of Estimated Basic Operating Cost exceed Tenant's Proportionate Share of Basic Operating Costs, then (provided that Tenant is not in Default default under this Lease) ), Landlord shall credit pay to Tenant the difference against within Twenty (20) days of such statement. If this Lease has been terminated or the Estimated Basic Operating Cost payment next dueTerm hereof has expired prior to the date of such statement. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Cot Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Tenant's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease for which the Tenant is in effectobligated to pay Base Rent.
Appears in 1 contract
Samples: Sublease (Kosan Biosciences Inc)
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. “Basic Operating Cost Adjustment" ” shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, year or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, accompanied by a computation of the Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant’s payment based upon Estimated Basic Operating Cost is less than Tenant's ’s Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Txxxxx’s payment of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate exceeds Txxxxx’s Proportionate Share of Basic Operating Cost, then (provided that Tenant is not in Default default under this Lease) Landlord shall at Landlord’s option credit the difference against to Txxxxx’s Rent payment(s) next due hereunder or pay the Estimated Basic Operating Cost payment next duedifference to Tenant, in either case within twenty (20) days after delivery of such statement to Tenant. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the a fiscal year, Tenaxx'x Xroportionate Txxxxx’s Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect. No delay by Landlord in submitting any statement shall constitute a waiver of Landlord’s right to submit such statement or to collect Txxxxx’s Proportionate Share of Basic Operating Cost due hereunder.
Appears in 1 contract
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost Costs and Basic Operating Cost Costs plus Taxes plus Insurance Costs over the Base Year Taxes and Base Year Insurance Costs, respectively, for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost Costs, Taxes and Insurance Costs for the fiscal year just ended, accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment based upon Estimated Basic Operating Cost Tenant's payments for each category of such item is less than Tenant's Proportionate Share of Basic Operating Costsuch item, then Tenant shall pay to Landlord the difference within thirty (30) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Xxxxxx's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Share of Basic Operating Cost, Costs plus Taxes plus Insurance Costs then (provided that Tenant is not in Default default under this Lease) ), Landlord shall credit the difference such overpayment against the Estimated future payments of Basic Operating Cost payment next dueand Taxes and Insurance Costs, as the case may be, and if there is any outstanding sum remaining due Tenant at the expiration of this Lease, the balance shall be refunded to Tenant within twenty (20) days of delivery of such statement. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Share of the Basic Operating Cost adjustment Adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease for which Tenant is in effectobligated to pay Base Rent.
Appears in 1 contract
Samples: Basic Lease Information (Dey Inc)
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Xxxxxx's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Xxxxxx's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Xxxxxx's Proportionate Share of Basic Operating Cost, then (provided that Tenant is not in Default default under this Lease) Landlord shall credit pay to Tenant the difference against the Estimated Basic Operating Cost payment next duewithin twenty (20) days after delivery of such statement to Tenant. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Xxxxxx's Proportionate Share of the Basic Operating Cost adjustment Adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect.
Appears in 1 contract
Samples: Depomed Inc
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. “Basic Operating Cost Adjustment" ” shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant’s payment based upon Estimated Basic Operating Cost is less than Tenant's ’s Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty (30) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Txxxxx’s payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Txxxxx’s Proportionate Share of Basic Operating Cost, then (provided that Tenant is not in Default under this Lease) Landlord shall credit the difference against the Estimated Basic Operating Cost payment next due. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty (30) days after the date of delivery of the statement and this obligation shall survive termination of the Lease. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Txxxxx’s Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect.
Appears in 1 contract
Samples: Lease (diaDexus, Inc.)
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days day after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Tenant's Proportionate Share of Basic Operating Cost, then (provided that Tenant is not in Default default under this the Lease) Landlord shall credit pay to Tenant the difference within twenty (20) days after delivery of such statement to Tenant or credit against Tenant's next payment of the Estimated Basic Operating Cost payment next dueCost. If this his Lease has been terminated or the Term hereof has expired prior to the date of such statement, statement then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Tenant's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease is in effect.. D.
Appears in 1 contract
Samples: Worldwide Manufacturing Usa Inc
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. Basic Operating Cost Adjustment" shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, ended accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant's payment based upon Estimated Basic Operating Cost is less than Tenant's Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Tenant's payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Tenant's Proportionate Share of Basic Operating CostCosts, then (provided that Tenant is not in Default default under this Lease) ), Landlord shall credit pay to Tenant the difference against the Estimated Basic Operating Cost payment next duewithin twenty (20) days of such statement. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Tenant's Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease for which Tenant is in effectobligated to pay Base Rent.
Appears in 1 contract
COMPUTATION OF BASIC OPERATING COST ADJUSTMENT. “Basic Operating Cost Adjustment" ” shall mean the difference between Estimated Basic Operating Cost and Basic Operating Cost for any fiscal year determined as hereinafter provided. Within one hundred twenty (120) days after the end of each fiscal year, as determined by Landlord, or as soon thereafter as practicable, Landlord shall deliver to Tenant a statement of Basic Operating Cost for the fiscal year just ended, ended accompanied by a computation of Basic Operating Cost Adjustment. If such statement shows that Tenaxx'x xayment Tenant’s payment based upon Estimated Basic Operating Cost is less than Tenant's ’s Proportionate Share of Basic Operating Cost, then Tenant shall pay to Landlord the difference within thirty twenty (3020) days after receipt of such statement. If such statement shows that Tenaxx'x xayments Xxxxxx’s payments of Estimated Basic Operating Cost exceed Tenaxx'x Xroportionate Xxxxxx’s Proportionate Share of Basic Operating CostCosts, then (provided that Tenant is not in Default default under this LeaseLease for monetary obligations) then Landlord shall credit pay to Tenant the difference against within twenty (20) days of such statement. If, due to default, Landlord withholds payment of the Estimated Basic Operating Cost payment next duedifference then Landlord shall not be able to deduct the withheld amount from any outstanding security deposit. If this Lease has been terminated or the Term hereof has expired prior to the date of such statement, then the Basic Operating Cost Adjustment shall be paid by the appropriate party within thirty twenty (3020) days after the date of delivery of the statement and this obligation shall survive termination of the Leasestatement. Should this Lease commence or terminate at any time other than the first day of the fiscal year, Tenaxx'x Xroportionate Xxxxxx’s Proportionate Share of the Basic Operating Cost adjustment shall be prorated by reference to the exact number of calendar days during such fiscal year that this Lease for which Tenant is in effectobligated to pay Base Rent.
Appears in 1 contract
Samples: Basic Lease Information (CymaBay Therapeutics, Inc.)