Common use of Determination of Operating Expenses Clause in Contracts

Determination of Operating Expenses. On or before the Rent Commencement Date and 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 Rent Commencement Date (or sooner, to the extent provided in Section 2.2 above with respect to earlier payment of Operating Expenses under certain circumstances relating to Tenant’s early access to and performance of work in the Premises prior to the Rent Commencement Date), Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a 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 estimate, if any, until the month after such notice is given. If at any time or times it reasonably appears to Landlord that the actual Operating Expenses will vary from Landlord’s estimate by more than five percent (5%), 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. On or before the first to occur of the Phase I Rent Commencement Date or the Phase II Rent Commencement Date and 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 '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 first to occur of the Phase I Rent Commencement Date (or sooner, to the extent provided in Section 2.2 above with respect to earlier payment of Operating Expenses under certain circumstances relating to Tenant’s early access to and performance of work in the Premises prior to the Phase II 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 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 reasonably appears to Landlord that the actual Operating Expenses will vary from Landlord’s 's estimate by more than five percent (5%), 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. On or before Tenant is already paying estimated Operating Expenses, pursuant to the Rent Commencement Date and during 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 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 each Lease Year or applicable portion thereof, beginning on the Rent Commencement Date (or sooner, to the extent provided in Section 2.2 above with respect to earlier payment of Operating Expenses under certain circumstances relating to Tenant’s early access to and performance of work in the Premises prior to the Rent Commencement Date), Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a 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 estimate, if any, until the month after such notice is given. If at any time or times it reasonably appears to Landlord that the actual Operating Expenses will vary from Landlord’s estimate by more than five percent (5%), 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. On or before Tenant is already paying ----------------------------------- estimated Operating Expenses, pursuant to the Rent Commencement Date and during 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 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 Rent Commencement Date (or sooner, to the extent provided in Section 2.2 above with respect to earlier payment of Operating Expenses under certain circumstances relating to Tenant’s early access to and performance of work in the Premises prior to the 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 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 reasonably appears to Landlord that the actual Operating Expenses will vary from Landlord’s 's estimate by more than five percent (5%), 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.