Common use of Estimate and Payment Clause in Contracts

Estimate and Payment. (a) The Landlord shall deliver to the Tenant a written estimate or a written revised estimate of:(i) Tenant's Occupancy Costs for each Fiscal Year; and (ii) Tenant's Proportionate Share of those Taxes that are imposed against the Project or any part of it including the Common elements. The Tenant shall pay to the Landlord the amount so estimated in equal monthly instalments (except as otherwise required in this Section 4.06 with respect to Property Taxes) in advance over that Fiscal Year simultaneously with the Tenant's payments on account of Basic Rent. If the Landlord does not deliver to the Tenant such an estimate, the Tenant shall continue to pay Tenant's Occupancy Costs and Tenant's Proportionate Share of Taxes based on the last such estimate delivered by the Landlord until a further estimate is delivered by the Landlord and the next payment on account of Tenant's Occupancy Costs or Taxes shall be adjusted to take into account any over or under payment in the preceding instalments paid in the Fiscal Year to which the estimate or revised estimate relates. Notwithstanding the foregoing, as soon as bills for all or any portion of amounts included in Operating Costs (including, without limitation, Taxes) as so estimated are received, the landlord may bill the Tenant for the Tenant's Proportionate Share thereof and the Tenant shall pay the Landlord such amounts so billed (less all amounts previously paid on account by the Tenant on the basis of the Landlord's estimate as aforesaid) as Rent within 5 days following demand therefore. (b) Within a reasonable time after the date in each calendar year when the final instalment of Property Taxes is due in respect of commercial properties generally in the municipality in which the Project is located (the "Final Payment Date"), the Landlord shall deliver a statement (the "Tax Statement") to the Tenant that (I) specifies the Tenant's Proportionate Share of Taxes for the Property Tax Year and (ii) sets out the total (the "Prepayment Total") of amounts payable under this Section 4.06(b) that have been paid by the Tenant between the final Payment Date in the previous Property Tax Year and the Final Payment Date of the current Property Tax Year. If the Prepayment Total, less anyE amounts that were previously credited to the Tenant, and any amounts paid for arrears in respect of previous Property Tax Years, (the "Net Prepayment Total") is less than the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Tenant shall pay the deficiency with the next monthly payment of Basic Rent If the Net Prepayment Total exceeds the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Landlord shall, unless the Tenant is then in default under this Lease, credit the excess to the Tenant on account of the next succeeding payments of Txxxxx's Occupancy Costs. The Landlord may estimate Property Taxes for the Property Tax Yeai+llowing the then current Property Tax Year, and the Tenant shall continue after the FinaL Payment Date is to make monthly payment in advance, in amounts determined by the Landlord, for periods determined by the Landlord. The monthly payments paid by the Tenant after the Final Payment Date shall be credited against the Tenant's proportionate Share of Taxes for the subsequent Property Tax Year. (c) Any portion of the Tenant's Proportionate Share of Taxes accrued with respect to the Term or any part thereof paid by the Landlord prior to the Commencement Date shall be reimbursed by the Tenant to the Landlord on the Commencement Date or on demand thereafter. Subject to Sections 8.03 and 8.05, the Tenant shall pay the Tenants Proportionate Share of any Property Taxes or of the Landlord's reasonable estimate thereof monthly in advance in the same manner as for payment of Tenant's Occupancy Costs. Notwithstanding the foregoing, the Landlord shall always have the right: (i) to revise the amount of instalments on account of Property Taxes payable by theTenant to an amount that allows the Landlord to collect all Property Taxes payable by the Tenant by the final due date of Property Taxes for the calendar year; and/or (ii) to schedule and require payment by the Tenant of instalments on account of Property Taxes payable by the Tenant such that by the final due date of Property Taxes for any calendar year, the Tenant shall have paid to the Landlord the full amount of Property Taxes payable by the Tenant for such calendar year, which arrangement may include payment of instalments by the Tenant in a calendar year on account of Property Taxes payable by the Tenant for the next calendar year; and/or (iii) (but not the obligation) to allocate Taxes among categories

Appears in 2 contracts

Samples: Lease Agreement (Northstar Electronics Inc), Lease Agreement (Northstar Electronics Inc)

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Estimate and Payment. (a) The Landlord shall deliver to the Tenant a written estimate or a written revised estimate of:(i) Tenant's Occupancy Costs for each Fiscal Year; and (ii) Tenant's Proportionate Share of those Taxes that are imposed against the Project or any part of it including the Common elements. The Tenant shall pay to the Landlord Landlord, as Additional Rent, pursuant to this Section 6.9, the amount so estimated in equal monthly instalments by which Tenant’s Pro Rata Share, as defined below, of actual Operating Expenses, Real Estate Taxes, Landlord’s Insurance and Utility Expenses (except as otherwise required collectively referred to in this Section 4.06 with respect to Property Taxes6.9 as “Operating Expenses”) in advance over that Fiscal exceeds the Base Year simultaneously with Expense Stop for these items. After the first twelve (12) full calendar months of the Term, Landlord may give Tenant written notice of Landlord’s estimate of the amount (“Estimated Operating Expenses”) by which Tenant's payments on account of Basic Rent. If the Landlord does not deliver to the Tenant such an estimate, the Tenant shall continue to pay Tenant's Occupancy Costs and Tenant's Proportionate ’s Pro Rata Share of Taxes actual Operating Expenses will exceed the Base Year Expense Stop, for the remaining calendar year (prorated for the remainder of such calendar year based on the last such estimate delivered by the Landlord until a further estimate is delivered by the Landlord and the next payment on account of Tenant's Occupancy Costs or Taxes shall be adjusted to take into account any over or under payment in the preceding instalments paid in the Fiscal Year to which the estimate or revised estimate relates365 day year). Notwithstanding the foregoing, as soon as bills for all or any portion of amounts included in Operating Costs (including, without limitation, Taxes) as so estimated are received, the landlord may bill the Tenant for the Tenant's Proportionate Share thereof and the Tenant shall pay the Landlord such amounts so billed (less all amounts previously paid on account by the Tenant on the basis of the Landlord's estimate as aforesaid) as Rent within 5 days following demand therefore. (b) Within a reasonable time after the date in After each calendar year when the final instalment of Property Taxes is due in respect of commercial properties generally in the municipality in which the Project is located (the "Final Payment Date"), the Landlord shall deliver a statement (the "Tax Statement") to the Tenant that (I) specifies the Tenant's Proportionate Share of Taxes for the Property Tax Year and (ii) sets out the total (the "Prepayment Total") of amounts payable under this Section 4.06(b) that have been paid by the Tenant between the final Payment Date in the previous Property Tax Year and the Final Payment Date of the current Property Tax Year. If the Prepayment Total, less anyE amounts that were previously credited to the Tenant, and any amounts paid for arrears in respect of previous Property Tax Years, (the "Net Prepayment Total") is less than the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Tenant shall pay the deficiency with the next monthly payment of Basic Rent If the Net Prepayment Total exceeds the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Landlord shall, unless the Tenant is then in default under this Lease, credit the excess to the Tenant on account of the next succeeding payments of Txxxxx's Occupancy Costs. The Landlord may estimate Property Taxes for the Property Tax Yeai+llowing the then current Property Tax Year, and the Tenant shall continue after the FinaL Payment Date is to make monthly payment in advance, in amounts determined by the Landlord, for periods determined by the Landlord. The monthly payments paid by the Tenant after the Final Payment Date shall be credited against the Tenant's proportionate Share of Taxes for the subsequent Property Tax Year. (c) Any portion of the Tenant's Proportionate Share of Taxes accrued with respect to the Term or any part thereof paid by the Landlord prior to the Commencement Date shall be reimbursed by the Tenant to the Landlord on the Commencement Date or on demand thereafter. Subject to Sections 8.03 and 8.05, the Tenant shall pay the Tenants Proportionate Share of any Property Taxes or of the Landlord's reasonable estimate thereof monthly in advance in the same manner as for payment of Tenant's Occupancy Costs. Notwithstanding the foregoing, the Landlord shall always have the right: (i) to revise the amount of instalments on account of Property Taxes payable by theTenant to an amount that allows the Landlord to collect all Property Taxes payable by the Tenant by the final due date of Property Taxes for the calendar year; and/or (ii) to schedule and require payment by the Tenant of instalments on account of Property Taxes payable by the Tenant such that by the final due date of Property Taxes for any calendar year, the and from time to time in any calendar year if Landlord reasonably determines that there will be a notable adjustment in Operating Expenses during such year, Landlord may deliver notice to Tenant shall have paid to the Landlord the full amount of Property Taxes payable by the Tenant new Estimated Operating Expenses for such calendar year. Each such notice shall identify the amounts of Estimated Operating Expenses that should be paid monthly until the next notice of Estimated Operating Expenses is delivered to Tenant by Landlord, including beyond the calendar year for which arrangement may include such estimate was calculated. Upon receiving an Estimated Operating Expenses notice from Landlord, Tenant shall thereafter pay Landlord the monthly Estimated Operating Expenses identified therein on the first (1st) day of each month concurrently with the payment of instalments by the each month’s Monthly Rent. Landlord will provide Tenant in a calendar year on account with annual pro forma estimates of Property Taxes payable by the Tenant for the next calendar year; and/or (iii) (but not the obligation) to allocate Taxes among categoriesthese expenses.

Appears in 1 contract

Samples: Office Space Lease (Mellanox Technologies, Ltd.)

Estimate and Payment. (a) The Landlord shall deliver to the Tenant a written estimate or a written revised estimate of:(i) Tenant's Occupancy Costs for each Fiscal Year; and (ii) Tenant's Proportionate Share of those Taxes that are imposed against the Project or any part of it including the Common elements. The Tenant shall pay to the Landlord Landlord, as Additional Rent, pursuant to this Section 6.9, the amount so estimated in equal monthly instalments by which Tenant’s Pro Rata Share, as defined below, of actual Operating Expenses, Real Estate Taxes, Landlord’s Insurance and Utility Expenses (except as otherwise required collectively referred to in this Section 4.06 with respect to Property Taxes6.9 as “Operating Expenses”) in advance over that Fiscal exceeds the Base Year simultaneously with Expense Stop for these items. After the first twelve (12) full calendar months of the Term, Landlord may give Tenant written notice of Landlord’s estimate of the amount (“Estimated Operating Expenses”) by which Tenant's payments on account of Basic Rent. If the Landlord does not deliver to the Tenant such an estimate, the Tenant shall continue to pay Tenant's Occupancy Costs and Tenant's Proportionate ’s Pro Rata Share of Taxes actual Operating Expenses will exceed the Base Year Expense Stop, for the remaining calendar year (prorated for the remainder of such calendar year based on the last such estimate delivered by the Landlord until a further estimate is delivered by the Landlord and the next payment on account of Tenant's Occupancy Costs or Taxes shall be adjusted to take into account any over or under payment in the preceding instalments paid in the Fiscal Year to which the estimate or revised estimate relates365 day year). Notwithstanding the foregoing, as soon as bills for all or any portion of amounts included in Operating Costs (including, without limitation, Taxes) as so estimated are received, the landlord may bill the Tenant for the Tenant's Proportionate Share thereof and the Tenant shall pay the Landlord such amounts so billed (less all amounts previously paid on account by the Tenant on the basis of the Landlord's estimate as aforesaid) as Rent within 5 days following demand therefore. (b) Within a reasonable time after the date in After each calendar year when the final instalment of Property Taxes is due in respect of commercial properties generally in the municipality in which the Project is located (the "Final Payment Date"), the Landlord shall deliver a statement (the "Tax Statement") to the Tenant that (I) specifies the Tenant's Proportionate Share of Taxes for the Property Tax Year and (ii) sets out the total (the "Prepayment Total") of amounts payable under this Section 4.06(b) that have been paid by the Tenant between the final Payment Date in the previous Property Tax Year and the Final Payment Date of the current Property Tax Year. If the Prepayment Total, less anyE amounts that were previously credited to the Tenant, and any amounts paid for arrears in respect of previous Property Tax Years, (the "Net Prepayment Total") is less than the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Tenant shall pay the deficiency with the next monthly payment of Basic Rent If the Net Prepayment Total exceeds the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Landlord shall, unless the Tenant is then in default under this Lease, credit the excess to the Tenant on account of the next succeeding payments of Txxxxx's Occupancy Costs. The Landlord may estimate Property Taxes for the Property Tax Yeai+llowing the then current Property Tax Year, and the Tenant shall continue after the FinaL Payment Date is to make monthly payment in advance, in amounts determined by the Landlord, for periods determined by the Landlord. The monthly payments paid by the Tenant after the Final Payment Date shall be credited against the Tenant's proportionate Share of Taxes for the subsequent Property Tax Year. (c) Any portion of the Tenant's Proportionate Share of Taxes accrued with respect to the Term or any part thereof paid by the Landlord prior to the Commencement Date shall be reimbursed by the Tenant to the Landlord on the Commencement Date or on demand thereafter. Subject to Sections 8.03 and 8.05, the Tenant shall pay the Tenants Proportionate Share of any Property Taxes or of the Landlord's reasonable estimate thereof monthly in advance in the same manner as for payment of Tenant's Occupancy Costs. Notwithstanding the foregoing, the Landlord shall always have the right: (i) to revise the amount of instalments on account of Property Taxes payable by theTenant to an amount that allows the Landlord to collect all Property Taxes payable by the Tenant by the final due date of Property Taxes for the calendar year; and/or (ii) to schedule and require payment by the Tenant of instalments on account of Property Taxes payable by the Tenant such that by the final due date of Property Taxes for any calendar year, and from time to time in any calendar year if Landlord reasonably determines that there will be a notable adjustment in Operating Expenses during such year, Landlord may deliver notice to Tenant of new Estimated Operating Expenses for the Tenant shall have paid to the Landlord the full amount of Property Taxes payable by the Tenant for such calendar year. Each such notice shall identify the amounts of Estimated Operating Expenses that should be paid monthly until the next notice of Estimated Operating Expenses is delivered to Tenant by Landlord, including beyond the calendar year for which arrangement may include such estimate was calculated. Upon receiving an Estimated Operating Expenses notice from Landlord, Tenant shall thereafter pay Landlord the monthly Estimated Operating Expenses identified therein on the first (1st) day of each month concurrently with the payment of instalments by the each month’s Monthly Rent. Landlord will provide Tenant in a calendar year on account with annual pro forma estimates of Property Taxes payable by the Tenant for the next calendar year; and/or (iii) (but not the obligation) to allocate Taxes among categoriesthese expenses.

Appears in 1 contract

Samples: Office Space Lease (Mellanox Technologies, Ltd.)

Estimate and Payment. (a) The Landlord shall deliver to the Tenant a written estimate or a written revised estimate of:(iof: (i) Tenant's Occupancy Costs for each Fiscal Year; and (ii) Tenant's Proportionate Share of those Taxes that are imposed against the Project or any part of it including the Common elementsElements. The Tenant shall pay to the Landlord the amount so estimated in equal monthly instalments installments (except as otherwise required in this Section 4.06 with respect to Property Taxes) in advance over that Fiscal Year simultaneously with the Tenant's payments on account of Basic RentRant. If the Landlord does not deliver to the Tenant such an estimate, the Tenant shall continue to pay Tenant's Occupancy Costs and Tenant's Proportionate Share of Taxes based on the last such estimate delivered by the Landlord until a further estimate is delivered by the Landlord and the next payment on account of Tenant's Occupancy Costs or Taxes shall be adjusted to take into account any over or under payment in the preceding instalments installments paid in the Fiscal Year to which the estimate or revised estimate relates. Notwithstanding the foregoing, as soon as bills for all or any portion of amounts included in Operating Costs (including, without limitation, Taxes) as so estimated are received, the landlord Landlord may bill xxxx the Tenant for the Tenant's Proportionate Share thereof and the Tenant shall pay the Landlord such amounts so billed (less all amounts previously paid on account by the Tenant on the basis of the Landlord's estimate as aforesaid) as Rent within 5 days following demand thereforetherefor. (b) Within a reasonable time after the date in each calendar year when the final instalment installment of Property Taxes is due in respect of commercial properties generally in the municipality in which the Project is located (the "Final Payment Date"), the Landlord shall deliver a statement (the "Tax Statement") to the Tenant that that: (Ii) specifies the Tenant's Proportionate Share of Taxes for the Property Tax Year Year, and (ii) sets out the total (the "Prepayment Total") of amounts payable under this Section 4.06(bSubsection 4.06(1)(b) that have been paid by the Tenant between the final Final Payment Date in the previous Property Tax Year and the Final Payment Date of the current Property Tax Year. If the Prepayment Total, less anyE any amounts that were previously credited to the Tenant, and any amounts paid for arrears in respect of previous Property Tax Years, (the "Net Prepayment Total") is less than the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Tenant shall pay the deficiency with the next monthly payment of Basic Rent Rent. If the Net Prepayment Total exceeds the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Landlord shall, unless the Tenant is then in default under this Lease, credit the excess to the Tenant on account of the next succeeding payments of TxxxxxTenant's Occupancy Costs. The Landlord may estimate Property Taxes for the Property Tax Yeai+llowing Year following the then current Property Tax Year, Year and the Tenant shall continue after the FinaL Final Payment Date is to make monthly payment in advance, in amounts determined by the Landlord, for periods determined by the Landlord. The monthly payments paid by the Tenant after the Final Payment Date shall be credited against the Tenant's proportionate Proportionate Share of Taxes for the subsequent Property Tax Year. (c) Any portion of the Tenant's Proportionate Share of Taxes accrued with respect to the Term or any part thereof paid by the Landlord prior to the Commencement Date shall be reimbursed by the Tenant to the Landlord on the Commencement Date or on demand thereafter. Subject to Sections 8.03 and 8.05, the Tenant shall pay the Tenants Tenant's Proportionate Share of any Property Taxes or of the Landlord's reasonable estimate thereof monthly in advance in the same manner as for payment of Tenant's Occupancy Costs. Notwithstanding the foregoing, the Landlord shall always have the right: (i) to revise the amount of instalments installments on account of Property Taxes payable by theTenant the Tenant to an amount that allows the Landlord to collect all Property Taxes payable by the Tenant by the final due date of Property Taxes for the calendar year; , and/or (ii) to schedule and require payment by the Tenant of instalments installments on account of Property Taxes payable by the Tenant such that by the final due date of Property Taxes for any calendar year, the Tenant shall have paid to the Landlord the full amount of Property Taxes payable by the Tenant for such calendar year, which arrangement may include payment of instalments installments by the Tenant in a calendar year on account of Property Taxes payable by the Tenant for the next calendar year; and/or (iii) (but not the obligation) to allocate Taxes among categoriescategories of rentable premises in the Project on the basis of such factors as the Landlord determines to be relevant, such as, by way of example, the types of business or activity carried on therein, the locations in the Project, costs of construction, relative benefits derived by rentable premises, relative assessment values, non-public school support designations and vacancies. The Landlord shall be entitled to adjust the Tenant's Proportionate Share of Taxes having regard to the category in which the Tenant is placed by the Landlord. In determining the share of Taxes which is payable by the Tenant pursuant to this Lease, Taxes shall include such additional amounts as would have formed part of the Taxes had the Project been fully assessed during the whole of the relevant period as fully completed and fully occupied by tenants, with no special exemptions or reductions, and without taking into account any actual or potential reduction of Taxes or change of assessment category or class for rentable premises within the Project which are vacant.

Appears in 1 contract

Samples: Lease of Office Space (Telvent Git S A)

Estimate and Payment. (a) The Landlord shall deliver to the Tenant a written estimate or a written revised estimate of:(iof: (i) the Tenant's Occupancy ’s Proportionate Share of Operating Costs for each Fiscal Year; and (ii) the Tenant's ’s Proportionate Share of those Taxes that are imposed against the Project or any part of it including the Common elementsfor each Fiscal Year. The Tenant shall pay to the Landlord the amount so estimated in equal monthly instalments (except as otherwise required in this Section 4.06 with respect to Property Taxes) in advance over that Fiscal Year simultaneously with the Tenant's ’s payments on account of Basic Rent. If the Landlord does not deliver to the Tenant such an estimate, the Tenant shall continue to pay the Tenant's Occupancy ’s Proportionate Share of Operating Costs and the Tenant's ’s Proportionate Share of Taxes based on the last such estimate delivered by the Landlord until a further estimate is delivered by the Landlord and the next payment on account of the Tenant's Occupancy ’s Operating Costs or Taxes shall be adjusted to take into account any over or under payment in the preceding instalments paid in the Fiscal Year to which the estimate or revised estimate relates. Notwithstanding the foregoing, as soon as bills for all or any portion of amounts included in Operating Costs (including, without limitation, Taxes) and Taxes as so estimated are received, the landlord Landlord may bill xxxx the Tenant for the Tenant's Tenants Proportionate Share thereof and the Tenant shall pay the Landlord such amounts so billed (less all amounts previously paid on account by the Tenant on the basis of the Landlord's ’s estimate as aforesaid) as Rent within 5 days following demand thereforetherefor. (b) Within a reasonable time after the date in each calendar year when the final instalment of Property Taxes is due in respect of commercial properties generally in the municipality in which the Project is located (the "Final Payment Date"), the Landlord shall deliver a statement (the "Tax Statement") to the Tenant that that: (Ii) specifies the Tenant's ’s Proportionate Share of Taxes for the Property Tax Year Year; and (ii) sets out the total (the "Prepayment Total") of amounts payable under this Section 4.06(bSubsection 4.06(1)(b) that have been paid by the Tenant between the final Final Payment Date in the previous Property Tax Year and the Final Payment Date of the current Property Tax Year. If the Prepayment Total, less anyE any amounts that were previously credited to the Tenant, and any amounts paid for arrears in respect of previous Property Tax Years, (the "Net Prepayment Total") is less than the Tenant's ’s Proportionate Share of Taxes specified in the Tax Statement, the Tenant shall pay the deficiency with the next monthly payment of Basic Rent Rent. If the Net Prepayment Total exceeds the Tenant's ’s Proportionate Share of Taxes specified in the Tax Statement, the Landlord shall, unless the Tenant is then in default under this Lease, credit the excess to the Tenant on account of the next succeeding payments of Txxxxx's the Tenant’s Occupancy Costs. The Landlord may estimate Property Taxes for the Property Tax Yeai+llowing Year following the then current Property Tax Year, Year and the Tenant shall continue after the FinaL Final Payment Date is to make monthly payment payments in advance, in amounts determined by the Landlord, for periods determined by the Landlord. The monthly payments paid by the Tenant after the Final Payment Date shall be credited against the Tenant's proportionate ’s Proportionate Share of Taxes for the subsequent Property Tax Year. (c) Any portion of the Tenant's ’s Proportionate Share of Taxes accrued with respect to the Term or any part thereof paid by the Landlord prior to the Commencement Date shall be reimbursed by the Tenant to the Landlord on the Commencement Date or on demand thereafter. Subject to Sections 8.03 and 8.05, the Tenant shall pay the Tenants Tenant’s Proportionate Share of any Property Taxes or of the Landlord's ’s reasonable estimate thereof monthly in advance in the same manner as for payment of the Tenant's Occupancy ’s Proportionate Share of Operating Costs. Notwithstanding the foregoing, the Landlord shall always have the right: (i) to revise the amount of instalments on account of Property Taxes payable by theTenant the Tenant to an amount that allows the Landlord to collect all Property Taxes payable by the Tenant by the final due date of Property Taxes for the calendar year; and/or (ii) to schedule and require payment by the Tenant of instalments on account of Property Taxes payable by the Tenant such that by the final due date data of Property Taxes for any calendar year, the Tenant shall have paid to the Landlord the full amount of Property Taxes payable by the Tenant for such calendar year, which arrangement may include payment of instalments by the Tenant in a calendar year on account of Property Taxes payable by the Tenant for the next calendar year; and/or (iii) (but not the obligation) to allocate Taxes among categories.

Appears in 1 contract

Samples: Lease Agreement (Telvent Git S A)

Estimate and Payment. (a) The Landlord shall deliver to the Tenant a written estimate or a written revised estimate of:(i) of the Tenant's ’s Occupancy Costs for each Fiscal Year; and (ii) Tenant's Proportionate Share of those Taxes that are imposed against the Project or any part of it including the Common elements. The Tenant shall pay to the Landlord the amount so estimated in equal monthly instalments (except as otherwise required in this Section 4.06 with respect to Property Taxes) in advance over that Fiscal Year simultaneously with the Tenant's ’s payments on account of Basic Rent. If the Landlord does not deliver to the Tenant such an estimate, the Tenant shall continue to pay the Tenant's ’s Occupancy Costs and Tenant's Proportionate Share of Taxes based on the last such estimate delivered by the Landlord until a further estimate is delivered by the Landlord and the next payment on account of the Tenant's ’s Occupancy Costs or Taxes shall be adjusted to take into account any over or under payment in the preceding instalments paid in the Fiscal Year to which the estimate or revised estimate relates. Notwithstanding the foregoing, as soon as bills for all or any portion of amounts included in Operating Costs (including, without limitation, Taxes) as so estimated are received, the landlord Landlord may bill xxxx the Tenant for the Tenant's Proportionate Share thereof same and the Tenant shall pay the Landlord such amounts so billed (less all amounts previously paid on account by the Tenant on the basis of the Landlord's ’s estimate as aforesaid) as Rent within 5 days following demand thereforetherefor. (b) Within Provided the Landlord has not directed the Tenant to pay Taxes directly to the taxing authority pursuant to Section 8.01, within a reasonable time after the date in each calendar year when the final instalment of Property Taxes is due in respect of commercial properties generally in the municipality in which the Project is located (the "Final Payment Date"), the Landlord shall deliver a statement (the "Tax Statement") to the Tenant that that: (Ii) specifies the Tenant's Proportionate Share amount of Taxes for the Property Tax Year Year; and (ii) sets out the total (the "Prepayment Total") of amounts payable under this Section 4.06(bSubsection 4.06(1)(b) that have been paid by the Tenant between the final Final Payment Date in the previous Property Tax Year and the Final Payment Date of the current Property Tax Year. If the Prepayment Total, less anyE any amounts that were previously credited to the Tenant, and any amounts paid for arrears in respect of previous Property Tax Years, (the "Net Prepayment Total") is less than the Tenant's Proportionate Share of Taxes payable by the Tenant as specified in the Tax Statement, the Tenant shall pay the deficiency with the next monthly payment of Basic Rent Rent. If the Net Prepayment Total exceeds the Tenant's Proportionate Share of Taxes payable by the Tenant as specified in the Tax Statement, the Landlord shall, unless the Tenant is then in default under this Lease, credit the excess to the Tenant on account of the next succeeding payments of Txxxxx's the Tenant’s Occupancy Costs. The Landlord may estimate Property Taxes for the Property Tax Yeai+llowing Year following the then current Property Tax Year, Year and the Tenant shall continue after the FinaL Final Payment Date is to make monthly payment payments in advance, in amounts determined by the Landlord, for periods determined by the Landlord. The monthly payments paid by the Tenant after the Final Payment Date shall be credited against the Tenant's proportionate Share of Taxes ’s Occupancy Costs for the subsequent Property Tax Year. (c) Any portion of the Tenant's Proportionate Share of Taxes accrued with respect to the Term or any part thereof paid by the Landlord prior to the Commencement Date shall be reimbursed by the Tenant to the Landlord on the Commencement Date or on demand thereafter. Subject to Sections 8.03 and 8.05, the Tenant shall pay the Tenants Proportionate Share of any Property Taxes or of the Landlord's reasonable estimate thereof monthly in advance in the same manner as for payment of Tenant's Occupancy Costs. Notwithstanding the foregoing, the Landlord shall always have the right: (i) to revise the amount of instalments on account of Property Taxes payable by theTenant the Tenant to an amount that allows the Landlord to collect all Property Taxes payable by the Tenant by the final due date of Property Taxes for the calendar year; and/or (ii) to schedule and require payment by the Tenant of instalments on account of Property Taxes payable by the Tenant such that by the final due date of Property Taxes for any calendar year, the Tenant shall have paid to the Landlord the full amount of Property Taxes payable by the Tenant for such calendar year, which arrangement may include payment of instalments by the Tenant in a calendar year on account of Property Taxes payable by the Tenant for the next calendar year; and/or (iii) (but not the obligation) to allocate Taxes among categories.

Appears in 1 contract

Samples: Lease Agreement (Delphax Technologies Inc)

Estimate and Payment. (a) The Landlord shall deliver to the Tenant a written estimate or a written revised estimate of:(iof: (i) Tenant's Occupancy Costs for each Fiscal Year; and (ii) Tenant's Proportionate Share of those Taxes that are imposed against the Project or any part of it including the Common elementsElements. The Tenant shall pay to the Landlord the amount so estimated in equal monthly instalments (except as otherwise required in this Section 4.06 with respect to Property Taxes) in advance over that Fiscal Year simultaneously with the Tenant's payments on account of Basic Rent. If the Landlord does not deliver to the Tenant such an estimate, the Tenant shall continue to pay Tenant's Occupancy Costs and Tenant's Proportionate Share of Taxes based on the last such estimate delivered by the Landlord until a further estimate is delivered by the Landlord and the next payment on account of Tenant's Occupancy Costs or Taxes shall be adjusted to take into account any over or under payment in the preceding instalments paid in the Fiscal Year to which the estimate or revised estimate relates. Notwithstanding the foregoing, as soon as bills for all or any portion of amounts included in Operating Costs (including, without limitation, Taxes) as so estimated are received, the landlord Landlord may bill xxxx the Tenant for the Tenant's Proportionate Share thereof and the Tenant shall pay the Landlord such amounts so billed (less all amounts previously paid on account by the Tenant on the basis of the Landlord's estimate as aforesaid) as Rent within 5 five (5) days following demand thereforetherefor. (b) Within a reasonable time after the date in each calendar year when the final instalment of Property Taxes is due in respect of commercial properties generally in the municipality in which the Project is located (the "Final Payment Date"), the Landlord shall deliver a statement (the "Tax Statement") to the Tenant that (Ii) specifies the Tenant's Proportionate Share of Taxes for the Property Tax Year and (ii) sets out the total (the "Prepayment Total") of amounts payable under this Section 4.06(b4.06(I)(b) that have been paid by the Tenant between the final Final Payment Date in the previous Property Tax Year and the Final Payment Date of the current Property Tax Year. If the Prepayment Total, less anyE any amounts that were previously credited to the Tenant, and any amounts paid for arrears in respect of previous Property Tax Years, (the "Net Prepayment Total") is less than the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Tenant shall pay the deficiency with the next monthly payment of Basic Rent Rent. If the Net Prepayment Total exceeds the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Landlord shall, unless the Tenant is then in default under this Lease, credit the excess to the Tenant on account of the next succeeding payments of TxxxxxTenant's Occupancy Costs. The Landlord may estimate Property Taxes for the Property Tax Yeai+llowing Year following the then current Property Tax Year, and the Tenant shall continue after the FinaL Final Payment Date is Date, to make monthly payment in advance, in amounts determined by the Landlord, for periods determined by the Landlord. The monthly payments paid by the Tenant after the Final Payment Date shall be credited against the Tenant's proportionate Proportionate Share of Taxes for the subsequent Property Tax Year. (c) Any portion of the Tenant's Proportionate Share of Taxes accrued with respect to the Term or any part thereof paid by the Landlord prior to the Commencement Date shall be reimbursed by the Tenant to the Landlord on the Commencement Date or on demand thereafter. Subject to Sections 8.03 and 8.058115, the Tenant shall pay the Tenants Tenant's Proportionate Share of any Property Taxes or of the Landlord's reasonable estimate thereof monthly in advance in the same manner as for payment of Tenant's Occupancy Costs. Notwithstanding the foregoing, the Landlord shall always have the right: (i) to revise the amount of instalments on account of Property Taxes payable by theTenant the Tenant to an amount that allows the Landlord to collect all Property Taxes payable by the Tenant by the final due date of Property Taxes for the calendar year; and/or (ii) to schedule and require payment by the Tenant of instalments on account of Property Taxes payable by the Tenant such that by the final due date of Property Taxes for any calendar year, the Tenant shall have paid to the Landlord the full amount of Property Taxes payable by the Tenant for such calendar year, which arrangement may include payment of instalments by the Tenant in a calendar year on account of Property Taxes payable by the Tenant for the next calendar year; and/or (iii) (but not the obligation) to allocate Taxes among categoriescategories of rentable premises in the Project on the basis of such factors as the Landlord determines to be relevant, such as, by way of example, the types of business or activity carried on therein, the locations in the Project, costs of construction, relative benefits derived by rentable premises, relative assessment values, non-public school support designations and vacancies. The Landlord shall be entitled to adjust the Tenant's Proportionate Share of Taxes, having regard to the category in which the Tenant is placed by the Landlord. In determining the share of Taxes which is payable by the Tenant pursuant to this Lease, Taxes shall include such additional amounts as would have formed part of the Taxes had the Project been fully assessed during the whole of the relevant period as fully completed and fully occupied by tenants, with no special exemptions or reductions, and without taking into account any actual or potential reduction of Taxes or change of assessment category or class for rentable premises within the Project which are vacant.

Appears in 1 contract

Samples: Lease Extension and Amending Agreement (Nevada Geothermal Power Inc)

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Estimate and Payment. (a) The Landlord shall deliver to the Tenant a written estimate or a written revised estimate of:(iof: (i) the Tenant's Occupancy ’s Proportionate Share of Operating Costs for each Fiscal Year; and (ii) the Tenant's ’s Proportionate Share of those Taxes that are imposed against the Project or any part of it including the Common elementsfor each Fiscal Year. The Tenant shall pay to the Landlord the amount so estimated in equal monthly instalments (except as otherwise required in this Section 4.06 with respect to Property Taxes) in advance over that Fiscal Year simultaneously with the Tenant's ’s payments on account of Basic Rent. If the Landlord does not deliver to the Tenant such an estimate, the Tenant shall continue to pay the Tenant's Occupancy ’s Proportionate Share of Operating Costs and the Tenant's ’s Proportionate Share of Taxes based on the last such estimate delivered by the Landlord until a further estimate is delivered by the Landlord and the next payment on account of the Tenant's Occupancy ’s Operating Costs or Taxes shall be adjusted to take into account any over or under payment in the preceding instalments paid in the Fiscal Year to which the estimate or revised estimate relates. Notwithstanding the foregoing, as soon as bills for all or any portion of amounts included in Operating Costs (including, without limitation, Taxes) and Taxes as so estimated are received, the landlord Landlord may bill bxxx the Tenant for the Tenant's ’s Proportionate Share thereof and the Tenant shall pay the Landlord such amounts so billed (less all amounts previously paid on account by the Tenant on the basis of the Landlord's ’s estimate as aforesaid) as Rent within 5 days following demand thereforetherefor. (b) Within a reasonable time 120 days after the date in each calendar year when the final instalment of Property Taxes is due in respect of commercial properties generally in the municipality in which the Project is located (the "Final Payment Date"), the Landlord shall deliver a statement (the "Tax Statement") to the Tenant that that: (Ii) specifies the Tenant's ’s Proportionate Share of Taxes for the Property Tax Year Year; and (ii) sets out the total (the "Prepayment Total") of amounts payable under this Section 4.06(bSubsection 4.06(1)(b) that have been paid by the Tenant between the final Final Payment Date in the previous Property Tax Year and the Final Payment Date of the current Property Tax Year. If requested by the Tenant, the Landlord will provide the Tenant with access to its tax assessments and tax bills for the purposes of determining the amount of Taxes for the relevant Property Tax Year. If the Prepayment Total, less anyE any amounts that were previously credited to the Tenant, and any amounts paid for arrears in respect of previous Property Tax Years, (the "Net Prepayment Total") is less than the Tenant's ’s Proportionate Share of Taxes specified in the Tax Statement, the Tenant shall pay the deficiency with the next monthly payment of Basic Rent Rent. If the Net Prepayment Total exceeds the Tenant's ’s Proportionate Share of Taxes specified in the Tax Statement, the Landlord shall, unless the Tenant is then in default under this Lease, notice of which has been delivered to the Tenant, credit the excess to the Tenant on account of the next succeeding payments of Txxxxx's the Tenant’s Occupancy Costs. The Landlord may estimate Property Taxes for the Property Tax Yeai+llowing Year following the then current Property Tax Year, Year and the Tenant shall continue after the FinaL Final Payment Date is to make monthly payment payments in advance, in amounts determined by the Landlord, for periods determined by the Landlord. The monthly payments paid by the Tenant after the Final Payment Date shall be credited against the Tenant's proportionate ’s Proportionate Share of Taxes for the subsequent Property Tax Year. (c) Any portion of the Tenant's ’s Proportionate Share of Taxes accrued with respect to the Term or any part thereof paid by the Landlord prior to the Commencement Date shall be reimbursed by the Tenant to the Landlord on the Commencement Date or on demand thereafter. Subject to Sections 8.03 and 8.05, the Tenant shall pay the Tenants Tenant’s Proportionate Share of any Property Taxes or of the Landlord's ’s reasonable estimate thereof monthly in advance in the same manner as for payment of the Tenant's Occupancy ’s Proportionate Share of Operating Costs. Notwithstanding the foregoing, the Landlord shall always have the right: (i) to revise the amount of instalments on account of Property Taxes payable by theTenant the Tenant to an amount that allows the Landlord to collect all Property Taxes payable by the Tenant by the final due date of Property Taxes for the calendar year; and/or (ii) to schedule and require payment by the Tenant of instalments on account of Property Taxes payable by the Tenant such that by the final due date of Property Taxes for any calendar year, the Tenant shall have paid to the Landlord the full amount of Property Taxes payable by the Tenant for such calendar year, which arrangement may include payment of instalments by the Tenant in a calendar year on account of Property Taxes payable by the Tenant for the next calendar year; and/or (iii) (but not the obligation) to allocate Taxes among categories.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Estimate and Payment. (a) The Landlord shall deliver to the Tenant a written estimate or a written revised estimate of:(iof: (i) the Tenant's Occupancy Proportionate Share of Operating Costs for each Fiscal Year; and (ii) the Tenant's Proportionate Share of those Taxes that are imposed against the Project or any part of it including the Common elementsfor each Fiscal Year. The Tenant shall pay to the Landlord the amount so estimated in equal monthly instalments installments (except as otherwise required in this Section 4.06 with respect to Property Taxes) in advance over that Fiscal Year simultaneously with the Tenant's payments on account of Basic Rent. If the Landlord does not deliver to the Tenant such an estimate, the Tenant shall continue to pay the Tenant's Occupancy Proportionate Share of Operating Costs and the Tenant's Proportionate Share of Taxes based on the last such estimate delivered by the Landlord until a further estimate is delivered by the Landlord and the next payment on account of the Tenant's Occupancy Operating Costs or Taxes shall be adjusted to take into account any over or under payment in the preceding instalments installments paid in the Fiscal Year to which the estimate or revised estimate relates. Notwithstanding the foregoing, as soon as bills for all or any portion of amounts included in Operating Costs (including, without limitation, Taxes) and Taxes as so estimated are received, the landlord Landlord may bill the Tenant for the Tenant's Proportionate Share thereof and the xxx Tenant shall pay the Landlord such amounts so billed (less all amounts previously paid on account by the Tenant on the basis of the Landlord's estimate as aforesaid) as Rent within 5 five (5) days following demand thereforetherefor. (b) Within a reasonable time after the date in each calendar year when the final instalment installment of Property Taxes is due in respect of commercial properties generally in the municipality in which the Project is located (the "Final Payment Date"), the Landlord shall deliver a statement (the "Tax Statement") to the Tenant that (Ii) specifies the Tenant's Proportionate Share of Taxes for the Property Tax Year and (ii) sets out the total (the "Prepayment Total") of amounts payable under this Section 4.06(bSubsection 4.06(1)(b) that have been paid by the Tenant between the final Final Payment Date in the previous Property Tax Year and the Final Payment Date of the current Property Tax Year. If the Prepayment Total, less anyE any amounts that were previously credited to the Tenant, and any amounts paid for arrears in respect of previous Property Tax Years, (the "Net Prepayment Total") is less than the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Tenant shall pay the deficiency with the next monthly payment of Basic Rent Rent. If the Net Prepayment Total exceeds the Tenant's Proportionate Share of Taxes specified in the Tax Statement, the Landlord shall, unless the Tenant is then in default under this Lease, credit the excess to the Tenant on account of the next succeeding payments of Txxxxxthe Tenant's Occupancy Costs. The Landlord may estimate Property Taxes for the Property Tax Yeai+llowing Year following the then current Property Tax Year, and the Tenant shall continue after the FinaL Final Payment Date is Date, to make monthly payment payments in advance, in amounts determined by the Landlord, for periods determined by the Landlord. The monthly payments paid by the Tenant after the Final Payment Date shall be credited against the Tenant's proportionate Proportionate Share of Taxes for the subsequent Property Tax Year. (c) Any portion of the Tenant's Proportionate Share of Taxes accrued with respect to the Term or any part thereof paid by the Landlord prior to the Commencement Date shall be reimbursed by the Tenant to the Landlord on the Commencement Date or on demand thereafter. Subject to Sections 8.03 and 8.05, the Tenant shall pay the Tenants Tenant's Proportionate Share of any Property Taxes or of the Landlord's reasonable estimate thereof monthly in advance in the same manner as for payment of the Tenant's Occupancy Proportionate Share of Operating Costs. Notwithstanding the foregoing, the Landlord shall always have the right: (i) to revise the amount of instalments installments on account of Property Taxes payable by theTenant the Tenant to an amount that allows the Landlord to collect all Property Taxes payable by the Tenant by the final due date of Property Taxes for the calendar year; and/or (ii) to schedule and require payment by the Tenant of instalments installments on account of Property Taxes payable by the Tenant such that by the final due date of Property Taxes for any calendar year, the Tenant shall have paid to the Landlord the full amount of Property Taxes payable by the Tenant for such calendar year, which arrangement may include payment of instalments installments by the Tenant in a calendar year on account of Property Taxes payable by the Tenant for the next calendar year; and/or (iii) (but not the obligation) to allocate Taxes among categories.

Appears in 1 contract

Samples: Sublease Agreement (Strategy International Insurance Group Inc)

Estimate and Payment. (a) The Landlord shall deliver to the Tenant a written estimate or a written revised estimate of:(iof: (i) the Tenant's Occupancy ’s Proportionate Share of Operating Costs for each Fiscal Year; and (ii) the Tenant's ’s Proportionate Share of those Taxes that are imposed against the Project or any part of it including the Common elementsfor each Fiscal Year. The Tenant shall pay to the Landlord the amount so estimated in equal monthly instalments (except as otherwise required in this Section 4.06 with respect to Property Taxes) in advance over that Fiscal Year simultaneously with the Tenant's ’s payments on account of Basic Rent. If the Landlord does not deliver to the Tenant such an estimate, the Tenant shall continue to pay the Tenant's Occupancy ’s Proportionate Share of Operating Costs and the Tenant's ’s Proportionate Share of Taxes based on the last such estimate delivered by the Landlord until a further estimate is delivered by the Landlord and the next payment on account of the Tenant's Occupancy ’s Operating Costs or Taxes shall be adjusted to take into account any over or under payment in the preceding instalments paid in the Fiscal Year to which the estimate or revised estimate relates. Notwithstanding the foregoing, as soon as bills for all or any portion of amounts included in Operating Costs (including, without limitation, Taxes) and Taxes as so estimated are received, the landlord Landlord may bill xxxx the Tenant for the Tenant's ’s Proportionate Share thereof and the Tenant shall pay the Landlord such amounts so billed (less all amounts previously paid on account by the Tenant on the basis of the Landlord's ’s estimate as aforesaid) as Rent within 5 30 days following demand therefore.therefor. The Landlord estimates that, for the 2014 calendar year, the Tenant’s Occupancy Costs (being the Tenant’s Proportionate Share of Operating Costs and the Tenant’s Proportionate Share of Taxes) shall be $23.30 per square foot of Rentable Area of the Leased Premises, plus Sales Taxes broken down as follows: Real Estate Taxes $ 13.25 Utilities 2.60 Interior Cleaning 1.45 Capital Repair Cost Allocation 0.00 Maintenance and Repair Costs 2.25 Other General Building Operating Costs 2.00 Management Fee 1.75 $ 23.30 (b) Within a reasonable time ninety (90) days after the date in each calendar year when the final instalment of Property Taxes is due in respect of commercial properties generally in the municipality in which the Project is located (the "Final Payment Date"), the Landlord shall deliver a statement (the "Tax Statement") to the Tenant that that: (Ii) specifies the Tenant's ’s Proportionate Share of Taxes for the Property Tax Year Year; and (ii) sets out the total (the "Prepayment Total") of amounts payable under this Section 4.06(bSubsection 4.06(1)(b) that have been paid by the Tenant between the final Payment Date in the previous Property Tax Year and the Final Payment Date respect of the current Property Tax Year. If the Prepayment Total, less anyE amounts that were previously credited to the Tenant, and any amounts paid for arrears in respect of previous Property Tax Years, (the "Net Prepayment Total") Total is less than the Tenant's ’s Proportionate Share of Taxes specified in the Tax Statement, the Tenant shall pay the deficiency with the next monthly payment of Basic Rent Rent. If the Net Prepayment Total exceeds the Tenant's ’s Proportionate Share of Taxes specified in the Tax Statement, the Landlord shallshall reimburse the excess to the Tenant within 30 days after the delivery of the Tax Statement, unless the Tenant is then in default under this Lease, credit in which event the excess shall be applied by the Landlord to Rent next due under the Tenant on account of the next succeeding payments of Txxxxx's Occupancy CostsLease. The Landlord may estimate Property Taxes for the Property Tax Yeai+llowing Year following the then current Property Tax Year, Year and the Tenant shall continue after the FinaL Final Payment Date is to make monthly payment payments in advance, in amounts determined by the Landlord, for periods determined by the Landlord. The monthly payments paid by the Tenant after the Final Payment Date shall be credited against the Tenant's proportionate ’s Proportionate Share of Taxes for the subsequent Property Tax Year. (c) Any portion of the Tenant's ’s Proportionate Share of Taxes accrued with respect to the Term or any part thereof paid by the Landlord prior to the Commencement Date shall be reimbursed by the Tenant to the Landlord on the Commencement Date or on demand thereafterwithin 30 days after request. Subject to Sections 8.03 and 8.05, the Tenant shall pay the Tenants Tenant’s Proportionate Share of any Property Taxes or of the Landlord's ’s reasonable estimate thereof monthly in advance in the same manner as for payment of the Tenant's Occupancy ’s Proportionate Share of Operating Costs. Notwithstanding the foregoing, the Landlord shall always have the right: (i) to revise the amount of instalments on account of Property Taxes payable by theTenant the Tenant to an amount that allows the Landlord to collect all Property Taxes payable by the Tenant by the final due date of Property Taxes for the calendar year; and/or (ii) to schedule and require payment by the Tenant of instalments on account of Property Taxes payable by the Tenant such that by the final due date of Property Taxes for any calendar year, the Tenant shall have paid to the Landlord the full amount of Property Taxes payable by the Tenant for such calendar year, which arrangement may include payment of instalments by the Tenant in a calendar year on account of Property Taxes payable by the Tenant for the next calendar year; and/or (iii) (but not the obligation) to allocate Taxes among categories.

Appears in 1 contract

Samples: Lease Agreement (Shopify Inc.)

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