Correction of Operating Cost Share Rent. Landlord shall deliver to Tenant a report for the previous fiscal year (the "Operating Cost Report") by April 1 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within twenty (20) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid exceeds the amount due, Landlord shall apply the excess to Tenant's payments of Operating Cost Share Rent next coming due.
Correction of Operating Cost Share Rent. Landlord shall deliver --------------------------------------- to Tenant a report for the previous fiscal year (the "Operating Cost -------------- Report") by April 1 of each year, or as soon as reasonably possible ------ thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within twenty (20) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid exceeds the amount due, Landlord shall apply the excess to Tenant's payments of Operating Cost Share Rent next coming due.
Correction of Operating Cost Share Rent. Landlord shall deliver to Tenant a report for the previous Fiscal Year (the “Operating Cost Report”) by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant (inclusive of any Equitable Adjustments, as defined below, thereto), and (c) the amount of Operating Cost Share Rent paid by Tenant. Within 20 days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid exceeds the amount due, Landlord shall apply the excess to Tenant’s payments of Operating Cost Share Rent next coming due (or if the Term of this Lease has ended and Tenant has no further obligation to Landlord, then Landlord shall pay such excess to Tenant within 20 days of delivery of such Operating Cost Report).
Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such year (the “Operating Cost Report”) setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment of Operating Cost Share Rent, refunding any overage directly to Tenant.
Correction of Operating Cost Share Rent. As soon as reasonably possible after the end of each Fiscal Year, Landlord shall deliver to Tenant a report for such year (the "Operating Cost Report") setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within twenty (20) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid exceeds the amount due, Landlord shall apply the excess to Tenant's next month's payment of Operating Cost Share Rent, refunding any overage directly to Tenant within a reasonable period of time after the determination of such overage.
Correction of Operating Cost Share Rent. Landlord shall deliver to Tenant a report for the previous fiscal year (the “Operating Cost Report”) by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the Base Operating Costs, (c) the amount of Operating Cost Share Rent due from Tenant, and (d) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid exceeds the amount due, Landlord shall apply the excess to Tenant’s payments of Operating Cost Share Rent next coming due and, if such excess has not been fully applied within six (6) months, then against other Rent, next becoming due. Notwithstanding the foregoing, all sums owed by Landlord to Tenant pursuant to the preceding sentence shall be fully applied or paid prior to the end of the calendar year in which such overpayment occurs. If this Lease has been terminated prior to such determination, such excess will be promptly paid to Tenant.
Correction of Operating Cost Share Rent. Landlord shall deliver to Tenant a report for the previous fiscal year (the “Operating Cost Report”) by April 1 of each year, or as soon as reasonably possible thereafter setting forth (a) the actual Operating Costs incurred for the prior fiscal year, (b) the total amount of Operating Cost Share Rent due from Tenant for the prior fiscal year, (c) the amount of Operating Cost Share Rent paid by Tenant for the prior fiscal year, and (d) the total amount of Operating Cost Share Rent then due from Tenant or due to Tenant if Tenant has overpaid. Within twenty (20) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid exceeds the amount due, Landlord shall refund the excess to Tenant when it delivers the Operating Cost Report.
Correction of Operating Cost Share Rent. As soon as --------------------------------------- reasonably possible after the end of each fiscal year, Landlord shall deliver to Tenant a report (the "Operating Cost Report") setting forth (a) the actual Operating Costs for the preceding fiscal year, (b) the Base Operating Expenses, (c) the amount of Operating Cost Share Rent due to Landlord for such preceding fiscal year, and (d) the amount of Operating Expense Share Rent paid by the Tenant in and allocable to such fiscal year. On or before thirty (30) days after receipt of such report, Tenant shall pay to Landlord the amount of Operating Cost Share Rent due for the preceding fiscal year (or a portion thereof if this Lease was not in effect for the entire fiscal year) minus any payments made by Tenant for such fiscal year. If Tenant's estimated payments of Operating Cost Share Rent exceed the amount due Landlord for the fiscal year in question, Landlord shall apply any such amount as a credit against Tenant's other obligations under this Lease, or if the Term has expired or this Lease has been terminated and Tenant has no further obligations under this Lease (including any obligations which survive the expiration or termination of this Lease), then Landlord shall refund any such amount to Tenant.
Correction of Operating Cost Share Rent. Landlord shall deliver to Tenant a report for the previous calendar year (the "Operating Cost Report") by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (i) the actual Operating Costs incurred,
Correction of Operating Cost Share Rent. Landlord shall deliver to Tenant a written report for the previous Fiscal Year (the “Operating Cost Report”) by April 1 of each year, or as soon as reasonably possible thereafter but not later than May 31 of each Fiscal Year, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant (inclusive of any Equitable Adjustments, as defined below, thereto), and (c) the amount of Operating Cost Share Rent paid by Tenant. Within twenty (20) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid, if any. If the amount paid exceeds the amount due, Landlord shall apply the excess to Tenant’s payments of Operating Cost Share Rent next coming due or, if the excess is greater than $5,000.00, Landlord shall promptly refund such amount to Tenant. If Landlord fails to deliver the Operating Cost Report by May 31 of the Fiscal Year following the Fiscal Year to which such Operating Cost Report applies, Tenant may notify Landlord thereof in writing and, if Landlord has still not provided such Operating Cost Report within thirty (30) days of such notice, Tenant shall not be liable for any increase in Tenant’s Operating Cost Share Rent for the preceding Fiscal Year above Tenant’s Estimated Operating Cost Share Rent paid for such preceding Fiscal Year, provided that the foregoing shall have no effect on Tenant’s obligation for Operating Cost Share Rent for the then-current or any subsequent Fiscal Year.
