Common use of Correction of Operating Cost Share Rent Clause in Contracts

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.

Appears in 2 contracts

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc), Lease Agreement (Wells Real Estate Investment Trust Inc)

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Correction of Operating Cost Share Rent. Landlord shall --------------------------------------- deliver to Tenant a report for the previous fiscal year (the "Operating Cost -------------- Report") by May April 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 (dc) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) 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 's payments of Operating Cost Share Rent next coming due andor, if such the Term has then expired, Landlord shall pay the 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 at the preceding sentence shall be fully applied or paid prior to time Landlord delivers 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 Operating Cost Report to Tenant.

Appears in 1 contract

Samples: Lease (Watchguard Technologies Inc)

Correction of Operating Cost Share Rent. Landlord shall deliver to Tenant a report for the previous fiscal year Fiscal Year (the "Operating Cost Report") by May 15 April 1 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurredincurred for each major expense category, compared to Landlord's corresponding estimates for such expenses, (b) the Base Operating Costs, (c) the amount of Operating Cost Share Rent due from Tenantapplicable to Tenant as calculated in accordance with this Lease, and (dc) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) 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 's payments of Operating Cost Share Rent next coming due and, or shall reimburse such amount to Tenant if such excess has not been fully applied within six amount exceeds two (62) monthscalendar months of Operating Cost Share Rent. Upon request by Tenant, then against other Rent, next becoming due. Notwithstanding Landlord shall provide sufficient documentation evidencing the foregoing, all sums owed by Landlord to Tenant pursuant to the preceding sentence shall be fully applied or paid prior to the end accuracy 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 Tenantactual Operating Costs.

Appears in 1 contract

Samples: Lease (Netsolve Inc)

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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, 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.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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