Common use of Estimated Operating Costs Clause in Contracts

Estimated Operating Costs. Commencing on the first anniversary of the Commencement Date, Tenant shall pay to Landlord as Additional Rent one-twelfth (1/12) of the amount, if any, by which the Estimated Operating Costs Allocable to the Premises exceeds the Base Amount Allocable to the Premises. This sum shall be paid in advance on or before the first day of each calendar month of the Lease Term. Landlord shall furnish Tenant a written statement of Estimated Operating Costs Allocable to the Premises (in a form similar to that delivered by Landlord to Tenant prior to the Effective Date) in advance of the commencement of each Year. If such written statement is furnished after the commencement of the Year (or as to the first Year during the Lease Term, after the Commencement Date), within thirty (30) days of Tenant’s receipt of same, Tenant shall also make a retroactive lump-sum payment to Landlord equal to the monthly payment amount multiplied by the number of months during the Year (or as to the first Year during the Lease Term, after the Commencement Date) for which no payment was paid. Notwithstanding the foregoing, Landlord reserves the right, from time to time during each Year, to revise the Estimated Operating Costs Allocable to the Premises and upon notice to

Estimated Operating Costs. Commencing on the first anniversary of the Commencement Date, Tenant shall pay to Landlord as Additional Rent one-twelfth (1/12) of the amount, if any, by which the Estimated Operating Costs Allocable to the Premises exceeds the Base Amount Allocable to the Premises. This sum shall be paid in advance on or before the first day of each calendar month of the Lease Term. Landlord shall furnish Tenant a written statement of Estimated Operating Costs Allocable to the Premises (in a form similar to that delivered by Landlord to Tenant prior to the Effective Date) in advance of the commencement of each Year. If such written statement is furnished after the commencement of the Year (or as to the first Year during the Lease Term, after the Commencement Date), within thirty (30) days of Tenant’s receipt of same, Tenant shall also make a retroactive lump-sum payment to Landlord equal to the monthly payment amount multiplied by the number of months during the Year (or as to the first Year during the Lease Term, after the Commencement Date) for which no payment was paid. Notwithstanding the foregoing, Landlord reserves the right, from time to time during each Year, Year to revise the Estimated Operating Costs Allocable to the Premises and upon notice toto Tenant of such revision, Tenant shall adjust its payment to Landlord under this subparagraph 3.4.1 accordingly. (See Paragraph 1 of the Rider.)

Estimated Operating Costs. Commencing on the first anniversary of the Commencement Date, Tenant shall pay to Landlord as Additional Rent one-twelfth (1/12) of the amount, if any, by which the Estimated Operating Costs Allocable to the Premises exceeds the Base Amount Allocable to the Premises. This sum shall be paid in advance on or before the first day of each calendar month of the Lease Term. Landlord shall furnish Tenant a written statement of Estimated Operating Costs Allocable to the Premises (in a form similar to that delivered by Landlord to Tenant prior to the Effective Date) in advance of the commencement of each Year. If such written statement is furnished after the commencement of the Year (or as to the first Year during the Lease Term, after the Commencement Date), within thirty (30) days of Tenant’s receipt of same, Tenant shall also make a retroactive lump-sum payment to Landlord equal to the monthly payment amount multiplied by the number of months during the Year (or as to the first Year during the Lease Term, after the Commencement Date) for which no payment was paid. Notwithstanding the foregoing, Landlord reserves the right, from time to time during each Year, to revise the Estimated Operating Costs Allocable to the Premises and upon notice toto Tenant of such revision, Tenant shall adjust its payment to Landlord under this subparagraph 3.4.1 accordingly. (See Paragraph 1 of the Rider)

Estimated Operating Costs. Commencing on Promptly after the first anniversary commencement of the Commencement Date, this Lease and during January of each year or as soon thereafter as practicable. Landlord shall give Tenant shall pay to Landlord as Additional Rent one-twelfth (1/12written notice of its estimate of amounts payable under Paragraph 4(a) of the amount, if any, by which the Estimated Operating Costs Allocable to the Premises exceeds the Base Amount Allocable to the Premisesfor such calendar year. This sum shall be paid in advance on On or before the first day of each calendar month thereafter, Tenant shall pay to Landlord one/twelfth (1/12th) of such estimated amounts, provided that if such notice is not given in January, Tenant shall continue to pay on the basis of the Lease Termprior year’s estimate until the first day of the month after the month in which such notice is given, at which time, in addition to paying the first installment of the estimated amount provided by Landlord for such year, Tenant shall also pay the difference, if any, between the current year’s estimate and the previous year’s estimate for the period from January 1 of such year through the last day of the month in which the notice was given. If at any time it appears to Landlord that the amounts payable under Paragraph 4(a) for the then current calendar year will vary from its estimate by more than five percent (5%), Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. Within ninety (90) days after the end of each calendar year or as soon thereafter as practicable, Landlord shall furnish deliver to Tenant a written statement summary of Estimated the total Operating Costs Allocable to for the Premises (previous calendar year and Tenant’s proportionate share thereof which shall be based upon Tenant’s Proportionate Share for the Building, as applicable, as stated in a form similar to that delivered by Landlord to Tenant prior to the Effective Date) in advance of the commencement of each YearData Sheet. If such written statement summary shows an amount due from Tenant that is furnished after less than the commencement estimated payments previously paid by Tenant (the “Excess Amount”), Landlord shall, at Landlord’s election, either pay to Tenant the Excess Amount or credit the Excess Amount against Operating Costs next falling due hereunder until the Excess Amount is exhausted; provided however, that if the summary shows an Excess Amount for the year in which this Lease expired, the summary shall be accompanied by a refund of the Year (or Excess Amount to Tenant. If such summary shows an amount due from Tenant that is more than the estimated payments previously paid by Tenant, Tenant shall pay the deficiency to Landlord, as to the first Year during the Lease Term, after the Commencement Date)Additional Rent, within thirty (30) days after delivery of Tenant’s receipt of same, Tenant shall also make a retroactive lump-sum payment to Landlord equal to the monthly payment amount multiplied by the number of months during the Year (or as to the first Year during the Lease Term, after the Commencement Date) for which no payment was paidsummary. Notwithstanding the foregoing, if Landlord reserves the right, shall at any time and from time to time during each Yearreasonably determine that Tenant’s use of any utility, to revise the Estimated Operating Costs Allocable material or service provided, directly or indirectly, by Landlord is disproportionate to the Premises and upon notice touse of other tenants or to Tenant’s Proportionate Share thereof. Landlord may adjust Tenant’s share of the cost thereof from a date reasonably determined by Landlord to take equitable account of the disproportionate use.

Estimated Operating Costs. Commencing on the first anniversary of the Commencement Date, Tenant shall pay to Landlord as Additional Rent one-twelfth (1/12) of the amount, if any, by which the Estimated Operating Costs Allocable to the Premises exceeds the Base Amount Allocable to the Premises. This sum shall be paid in advance on or before the first day of each calendar month of the Lease Term. Landlord shall furnish Tenant a written statement of Estimated Operating Costs Allocable to the Premises for each Year following the Base Year and the amount payable monthly by Tenant for the same shall be computed as follows: one-twelfth (in a form similar to that delivered by Landlord to Tenant prior 1/12) of the amount of Estimated Operating Costs Allocable to the Effective Date) Premises in advance excess of the commencement of Base Amount Allocable to the Premises shall be Additional Rent and shall be paid monthly by Tenant for each Yearmonth during such Year after the Commencement Date. If such written statement is furnished after the commencement of the Year (or as to the first Year during the Lease Termunder this Lease, after the Commencement Date), within thirty (30) days of Tenant’s receipt of same, Tenant shall also make a retroactive lump-sum payment to Landlord equal to the monthly payment amount multiplied by the number of months during the Year (or as to the first Year during the Lease Termunder this Lease, after the Commencement Date) for which no payment was paid, within thirty (30) days of Tenant’s receipt of such statement. Notwithstanding the foregoing, Landlord reserves the right, from time to time during each Year, to revise the Estimated Operating Costs Allocable to the Premises and upon notice toto Tenant of such revision, Tenant shall adjust its payments to Landlord accordingly. Failure of Landlord to furnish any statement hereunder shall in no event affect or impair Tenant’s obligation to pay all Operating Costs Allocable to the Premises and all other amounts due under this Lease.

Estimated Operating Costs. Commencing on For each Year during the first anniversary of the Commencement DateLease Term, Tenant shall pay to Landlord Landlord, as Additional Rent Rent, one-twelfth (1/12) of the amount, if any, by which the Estimated Operating Costs Allocable to the Premises for such Year exceeds the Base Amount Allocable to the Premises. This sum amount for each Year (the “Monthly Estimated Amount”) shall be paid in advance on or before the first day of each calendar month of the Lease Termsuch Year. Landlord shall furnish Tenant a written statement of Estimated Operating Costs Allocable to the Premises (in a form similar to that delivered by Landlord to Tenant prior to the Effective Date) for each Year in advance of the commencement of each such Year. If However, if Landlord fails to furnish Tenant such written statement is furnished after for a Year prior to the commencement of the Year (such Year, then Tenant shall continue to pay Landlord in advance on or as to before the first day of each calendar month of such Year during the Lease Term, after Monthly Estimated Amount for the Commencement Date), within thirty (30) days of Tenant’s receipt of same, prior Year until Landlord furnishes Tenant shall also make a retroactive lump-sum payment to Landlord equal to the monthly payment amount multiplied by the number of months during the Year (or as to the first Year during the Lease Term, after the Commencement Date) such written statement for which no payment was paidsuch Year. Notwithstanding the foregoing, Landlord reserves the right, from time to time during each Year, to reasonably revise the Estimated Operating Costs Allocable to the Premises and Premises, and, upon notice toto Tenant of such revision, Tenant shall adjust its payment to Landlord under this subsection 3.4.1 accordingly.

Estimated Operating Costs. Commencing on Promptly after the first anniversary commencement of the Commencement Datethis Lease and during January of each year or as soon thereafter as practicable, Landlord shall give Tenant shall pay to Landlord as Additional Rent one-twelfth (1/12written notice of its estimate of amounts payable under Paragraph 4(a) of the amount, if any, by which the Estimated Operating Costs Allocable to the Premises exceeds the Base Amount Allocable to the Premisesfor such calendar year. This sum shall be paid in advance on On or before the first day of each calendar month thereafter, Tenant shall pay to Landlord one/twelfth (1/12th) of such estimated amounts, provided that if such notice is not given in January, Tenant shall continue to pay on the basis of the Lease Termprior year’s estimate until the first day of the month after the month in which such notice is given, at which time, in addition to paying the first installment of the estimated amount provided by Landlord for such year, Tenant shall also pay the difference, if any, between the current year’s estimate and the previous year’s estimate for the period from January 1 of such year through the last day of the month in which the notice was given. If at any time it appears to Landlord that the amounts payable under Paragraph 4(a) for the then current calendar year will vary from its estimate by more than five percent (5%), Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. Within ninety (90) days after the end of each calendar year or as soon thereafter as practicable, Landlord shall furnish deliver to Tenant a written statement summary of Estimated the total Operating Costs Allocable to for the Premises previous calendar year and Tenant’s proportionate share thereof, which shall be based upon Tenant’s Proportionate Share as stated in the Data Sheet (the “Summary”). If the Summary shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant (the “Excess Amount”), Landlord shall credit the Excess Amount against Operating Costs next falling due hereunder until the Excess Amount is exhausted; provided however, that if the summary shows an Excess Amount for the year in which this Lease expired, and Tenant has fully complied with all of its obligations under this Lease, the Summary shall be accompanied by a form similar to that delivered by Landlord to Tenant prior to the Effective Date) in advance refund of the commencement of each YearExcess Amount to Tenant. If such written statement Summary shows an amount due from Tenant that is furnished after more than the commencement of estimated payments previously paid by Tenant, Tenant shall pay the Year (or deficiency to Landlord, as to the first Year during the Lease Term, after the Commencement Date)Additional Rent, within thirty (30) days after delivery of the Summary, and Tenant’s receipt failure to do so shall constitute an Event of same, Tenant Default pursuant to Paragraph 18(a) hereof. The provisions of this subparagraph (b) shall also make a retroactive lump-sum payment to Landlord equal to survive the monthly payment amount multiplied by the number expiration or earlier termination of months during the Year (or as to the first Year during the Lease Term, after the Commencement Date) for which no payment was paid. Notwithstanding the foregoing, Landlord reserves the right, from time to time during each Year, to revise the Estimated Operating Costs Allocable to the Premises and upon notice tothis Lease.

Estimated Operating Costs. Commencing on the first anniversary of the Commencement Date, Tenant shall pay to Landlord as Additional Rent Rent, on a monthly basis one-twelfth (1/12) of the amount, if any, by which the Estimated Operating Costs Allocable to the Premises exceeds the Operating Costs Base Amount Allocable to the Premises. This sum These payments shall be paid in advance on or before the first day of each calendar month of the Lease Term. Tenant’s obligation to commence making payments pursuant to this paragraph 3.4.1 shall commence on January 1, 2013 (the “Pass-Through Start Date”). Landlord shall furnish Tenant a written statement of reasonable Estimated Operating Costs Allocable to the Premises Premises, broken down by category, which Landlord shall endeavor to deliver not less than thirty (in a form similar to that delivered by Landlord to Tenant prior to the Effective Date30) days in advance of the commencement of each a Year. If such written statement is furnished after the commencement of the Year (or as a Year, Tenant shall continue to make monthly payments of Estimated Operating Costs Allocable to the first Year Premises in the monthly amount required during the Lease Term, after prior year and Tenant shall commence payment of any increase to such monthly amount for the Commencement Date), within current Year thirty (30) days of Tenant’s after written receipt of same, Tenant shall also make a retroactive lump-sum payment to Landlord equal to the monthly payment amount multiplied by the number of months during the Year (or as to the first Year during the Lease Term, after the Commencement Date) for which no payment was paidLandlord’s estimate. Notwithstanding the foregoing, Landlord reserves the right, from time to time during each Year, but no more frequently than once per Year, to revise the Estimated Operating Costs Allocable to the Premises and upon notice toto Tenant of such revision, Tenant shall adjust its payment to Landlord under this subparagraph 3.4.1

Estimated Operating Costs. Commencing on the first anniversary of the Commencement Date, Tenant shall pay to Landlord as Additional Rent one-twelfth (1/12) of the amount, if any, by which the Estimated Operating Costs Allocable to the Premises exceeds the Base Amount Allocable to the Premises. This sum shall be paid in advance on or before the first day of each calendar month of the Lease Term. Landlord shall furnish Tenant a reasonably detailed written statement of Estimated Operating Costs Allocable to the Premises for each Year and the amount payable monthly by Tenant for the same shall be computed as follows: one-twelfth (in a form similar to that delivered by Landlord to Tenant prior 1/12) of the amount of Estimated Operating Costs Allocable to the Effective Date) Premises in advance excess of the commencement of Base Amount Allocable to the Premises shall be Additional Rent and shall be paid monthly by Tenant for each Yearmonth during such Year after the Commencement Date. If such written statement is furnished after the commencement of the Year (or as to the first Year during the Lease TermYear, after the Commencement Date)Tenant shall also make, within thirty (30) days of Tenant’s after receipt of samesuch written statement, Tenant shall also make a retroactive lump-sum payment to Landlord equal to the monthly payment amount multiplied by the number of months during the Year (or as to the first Year during the Lease Term, after the Commencement Date) for which no payment was paid. Notwithstanding the foregoing, Landlord reserves the right, from time to time during each Year, to reasonably revise the Estimated Operating Costs Allocable to the Premises and, within thirty (30) days after written notice to Tenant of such revision, Tenant shall adjust its payments to Landlord accordingly. Except as expressly set forth herein, failure of Landlord to furnish any statement hereunder shall in no event affect or impair Tenant’s obligation to pay all Operating Costs Allocable to the Premises and upon notice toall other amounts due under this Lease.