Common use of Determination of Operating Expenses Clause in Contracts

Determination of Operating Expenses. During the last month of each calendar year of the Term of this Lease (“Lease Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Lease Year or applicable portion thereof, beginning on the Phase 1 Rent Commencement Date, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a pro rata basis) to such month; provided, however, that if such notice is not given in the last month of a Lease Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses will vary from Landlord’s estimate by more than four percent (4%), Landlord may, by notice to Tenant, revise its estimate for such year and subsequent payments by Tenant for such year shall be based upon such revised estimate.

Determination of Operating Expenses. During On or before the Rent Commencement Date and during the last month of each subsequent calendar year of the Term term of this Lease (“Lease Expense Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Lease Expense Year or applicable portion thereof. On or before the first day of each month during the ensuing Lease Year or applicable portion thereofterm of this Lease, beginning on the Phase 1 Rent Commencement Date, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a pro rata prorata basis) to such month; provided, however, that if such notice is not given in the last month of a Lease an Expense Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses will vary from Landlord’s estimate by more than four five percent (45%), Landlord may, by notice to Tenant, revise its estimate for such year the applicable Expense Year and subsequent payments by Tenant for such year Expense Year shall be based upon such revised estimate.

Determination of Operating Expenses. Tenant is already paying estimated Operating Expenses, pursuant to the Existing Lease, for calendar year 2001 based on estimates previously furnished by Landlord to Tenant. During the last month of each calendar year of the Term term of this Lease (“"Lease Year”"), or as soon thereafter as practical, . Landlord shall provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing each Lease Year or applicable portion thereof, beginning on the Phase 1 Rent Commencement Date, Tenant shall pay to Landlord Tenant’s 's Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a pro rata prorata basis) to such month; provided, however, that if such notice is not given in the last month of a Lease Year, Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses will vary from Landlord’s 's estimate by more than four five percent (45%), Landlord may, by notice to Tenant, revise its estimate for such year and subsequent payments by Tenant for such year shall be based upon such revised estimate.

Determination of Operating Expenses. During the last month of each calendar year of the Term of this Lease (“Lease Year”"LEASE YEAR"), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Lease Year or applicable portion thereof, beginning on the Phase 1 Rent Commencement Date, Tenant shall pay to Landlord Tenant’s 's Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a pro rata basis) to such month; provided, however, that if such notice is not given in the last month of a Lease Year, Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses will vary from Landlord’s 's estimate by more than four percent (4%), Landlord may, by notice to Tenant, revise its estimate for such year and subsequent payments by Tenant for such year shall be based upon such revised estimate.

Determination of Operating Expenses. During On or before the first Commencement Date to occur under this Lease and during the last month of each calendar year of the Term term of this Lease (“Lease Expense Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Lease Expense Year or applicable portion thereof. On or before the first day of each month during the ensuing Lease Expense Year or applicable portion thereof, beginning on the Phase 1 Rent first Commencement DateDate to occur under this Lease, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a pro rata prorata basis) to such month; provided, however, that if such notice is not given in the last month of a Lease an Expense Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous estimate by more than four five percent (45%), Landlord may, by notice to Tenant, revise its estimate for such year the applicable Expense Year and subsequent payments by Tenant for such year Expense Year shall be based upon such revised estimate.

Determination of Operating Expenses. During On or before February 1, 2007, and during the last month of each calendar year of the Term term of this Lease (“Lease Expense Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Lease Expense Year or applicable portion thereof. On or before February 1, 2007 and on or before the first day of each subsequent month during the ensuing Lease Year or applicable portion thereof, beginning on the Phase 1 Rent Commencement Dateterm of this Lease, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a pro rata prorata basis) to such month; provided, however, that if such notice is not given in the last month of a Lease an Expense Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous estimate by more than four five percent (45%), Landlord may, by notice to Tenant, revise its estimate for such year the applicable Expense Year and subsequent payments by Tenant for such year Expense Year shall be based upon such revised estimate.

Determination of Operating Expenses. During the last month of each calendar year of the Term of this Lease (“Lease Year”"LEASE YEAR"), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Lease Year or applicable portion thereof, beginning on the Phase 1 I Rent Commencement Date, Tenant shall pay to Landlord Tenant’s 's Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a pro rata basis) to such month; providedPROVIDED, howeverHOWEVER, that if such notice is not given in the last month of a Lease Year, Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses will vary from Landlord’s 's estimate by more than four percent (4%), Landlord may, by notice to Tenant, revise its estimate for such year and subsequent payments by Tenant for such year shall be based upon such revised estimate.by

Determination of Operating Expenses. During On or before the Commencement Date and during the last month of each calendar year of the Term term of this Lease (“"Lease Year”"), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Lease Year or applicable portion thereof, beginning on the Phase 1 Rent Commencement Date, Tenant shall pay to Landlord Tenant’s 's Land Operating Cost Share or Tenant's Building Operating Cost Share, as applicable, of the portion of such estimated Operating Expenses allocable (on a pro rata prorata basis) to such month; provided, however, that if such notice is not given in the last month of a Lease Year, Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses will vary from Landlord’s 's estimate by more than four five percent (45%), Landlord may, by notice to Tenant, revise its estimate for such year and subsequent payments by Tenant for such year shall be based upon such revised estimate.

Determination of Operating Expenses. During On or before the Effective Date and during the last month of each calendar year of the Term term of this Lease (“Lease Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Lease Year or applicable portion thereof, beginning on the Phase 1 Rent Effective Date with respect to Building 3 and on the Building 2 Commencement DateDate with respect to Building 2, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a pro rata prorata basis) to the applicable Building or Buildings for such month; provided, however, that if such notice is not given in the last month of a Lease Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses will vary from Landlord’s estimate by more than four five percent (45%), Landlord may, by notice to Tenant, revise its estimate for such year and subsequent payments by Tenant for such year shall be based upon such revised estimate.

Determination of Operating Expenses. During On or before the Rent Commencement Date and during the last month of each subsequent calendar year of the Term term of this Lease (“Lease Expense Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Lease Expense Year or applicable portion thereof. thereof On or before the first day of each month during the ensuing Lease Year or applicable portion thereofterm of this Lease, beginning on the Phase 1 Rent Commencement Date, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a pro rata prorata basis) to such month; provided, however, that if such notice is not given in the last month of a Lease an Expense Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses will vary from Landlord’s estimate by more than four five percent (45%), Landlord may, by notice to Tenant, revise its estimate for such year the applicable Expense Year and subsequent payments by Tenant for such year Expense Year shall be based upon such revised estimate.