Common use of Estimated Payments Clause in Contracts

Estimated Payments. Commencing on the Commencement Date and continuing throughout the entire Term, Tenant shall pay Tenant’s Project Share of all Common Area Operating Expenses and Tenant’s Building Share of all Building Operating Expenses paid or payable by Landlord in each year. Before commencement of the Term and during December of each calendar year or as soon thereafter as practicable, Landlord shall give Tenant notice of its estimate of amounts payable hereunder for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall pay to Landlord one-twelfth ( 1/12th) of such estimated amounts, provided that if such notice Is not given in December, Tenant shall continue to pay on the basis of the prior year’s estimate until the month after such notice is given. If at any time or times it appears to Landlord, in its reasonable judgment, that the amounts payable hereunder for the current calendar year will vary from its then current estimate by more than five percent (5%), Landlord shall by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate.

Appears in 3 contracts

Samples: Lease, Lease (Silver Spring Networks Inc), Lease (Silver Spring Networks Inc)

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Estimated Payments. Commencing on Prior to or as soon as practicable after the Commencement Date and continuing throughout the entire Term, Tenant shall pay Tenant’s Project Share of all Common Area Operating Expenses and Tenant’s Building Share of all Building Operating Expenses paid or payable by Landlord in each year. Before commencement of the Term and during December beginning of each calendar year or as soon thereafter as practicablesubsequent to the Base Year, Landlord shall give will notify Tenant notice of its Landlord's estimate of amounts payable hereunder Tenant's Share of Additional Expenses and Additional Taxes for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall will pay to Landlord one-twelfth ( 1/12th) Landlord, in advance, 1/12 of such estimated amounts, provided that if until such notice Is not is given in Decemberwith respect to the ensuing calendar year, Tenant shall will continue to pay on the basis of the prior calendar year’s 's estimate until the month after the month in which such notice is given. In the month Tenant first pays based on Landlord's new estimate, Tenant will pay to Landlord 1/12 of the difference between the new estimate and the prior year's estimate for each month which has elapsed since the beginning of the current calendar year. If at any time or times it appears to Landlord, in its reasonable judgment, Landlord that the amounts payable hereunder Tenant's Share of Additional Expenses or Tenant's Share of Additional Taxes for the then-current calendar year will vary from its then current Landlord's estimate by more than five percent (5%), Landlord shall may, by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case year and subsequent payments by Tenant for such year shall will be based upon such the revised estimate.

Appears in 2 contracts

Samples: Lease Agreement (Pennaco Energy Inc), Office Lease Agreement (Xanodyne Pharmaceuticals Inc)

Estimated Payments. Commencing on the Commencement Date and continuing throughout the entire Term, Tenant shall pay Tenant’s Project 's Percentage Share of all other Common Area Operating Expenses and Tenant’s Building Share of all Building Operating Expenses Maintenance Costs paid or payable by Landlord in each year. ; provided, however, that Tenant shall pay Tenant's Building Share of those Common Area Maintenance Costs arising from Landlord's performance of its obligations under Paragraph 17.A. Before commencement of the Term and during December of each calendar year or as soon thereafter as practicable, Landlord shall give Tenant notice of its estimate of amounts payable hereunder under this Paragraph 5.E.(i) for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On on or before the first day of each month during the ensuing calendar year, Tenant shall pay to Landlord one-twelfth ( (1/12th) of such estimated amounts, provided that if such notice Is is not given in December, Tenant shall continue to pay on the basis of the prior year’s 's estimate until the month after such notice is given. If at any time or times it appears to Landlord, in its reasonable judgment, that the amounts payable hereunder under this Paragraph 5.E.(i) for the current calendar year will vary from its then then-current estimate by more than five percent (5%), Landlord shall by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate.basis

Appears in 1 contract

Samples: Letter Agreement (Excite Inc)

Estimated Payments. Commencing on the Commencement Date and continuing throughout the entire Term, Tenant shall pay Tenant’s Project Share of all Common Area Operating Expenses and Tenant’s Building Share of all Building Operating Expenses paid or payable by Landlord in each year. Before commencement of the Term and during December of each calendar year Prior to or as soon thereafter as practicablepracticable after the beginning of each Fiscal Year, Landlord shall give will notify Tenant notice of its Landlord's estimate of amounts payable hereunder Tenant's Share of Additional Expenses and Additional Taxes for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determinedFiscal Year. On or before the first day of each month during the ensuing calendar yearFiscal Year, Tenant shall will pay to Landlord one-twelfth ( 1/12th) Landlord, in advance, 1/12 of such estimated amounts, provided that if until such notice Is not is given in Decemberwith respect to the ensuing Fiscal Year, Tenant shall will continue to pay on the basis of the prior year’s Fiscal Year's estimate until the month after the month in which such notice is given. In the month Tenant first pays based on Landlord's new estimate, Tenant will pay to Landlord one-twelfth ((1)/12th) of the difference between the new estimate and the prior year's estimate for each month which has elapsed since the beginning of the current Fiscal Year. If at any time or times it appears to Landlord, in its reasonable judgment, Landlord that the amounts payable hereunder Tenant's Share of Additional Expenses or Tenant's Share of Additional Taxes for the then-current calendar year Fiscal Year will vary from its then current Landlord's estimate by more than five percent (5%), Landlord shall may, by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case year and subsequent payments by Tenant for such year shall will be based upon such the revised estimate, all of which are subject to the limitations contained in Section 4.7.

Appears in 1 contract

Samples: Office Lease Agreement (CDW Computer Centers Inc)

Estimated Payments. Commencing on the Commencement Date and continuing throughout the entire Term, Tenant shall pay Tenant’s Project Percentage Share of all other Common Area Operating Expenses and Tenant’s Building Share of all Building Operating Expenses Maintenance Costs paid or payable by Landlord in each year. ; provided, however, that Tenant shall pay Tenant’s Building Share of those Common Area Maintenance Costs arising from Landlord’s performance of its obligations under Paragraph 17.A. Before commencement of the Term and during December of each calendar year or as soon thereafter as practicable, Landlord shall give Tenant notice of its estimate of amounts payable hereunder under this Paragraph 5.C.(i) for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall pay to Landlord one-twelfth ( (1/12th) of such estimated amounts, provided that if such notice Is is not given in December, Tenant shall continue to pay on the basis of the prior year’s estimate until the month after such notice is given. If at any time or times it appears to Landlord, in its reasonable judgment, that the amounts payable hereunder under this Paragraph 5.C.(i) for the current calendar year will vary from its then current estimate by more than five percent (5%), Landlord shall by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate.

Appears in 1 contract

Samples: Lease (Claria Corp)

Estimated Payments. Commencing on as of the Commencement Effective Date and ------------------ continuing throughout the entire Term, Tenant shall pay Tenant’s Project 's Percentage Share of all Common Area Operating Expenses and Tenant’s Building Share of all Building Operating Maintenance Expenses paid or payable by Landlord in each year. Before commencement of On the Term Effective Date and during December of each calendar year or as soon thereafter as practicable, Landlord shall give Tenant notice of its estimate of amounts payable hereunder under this paragraph 5.G.(1) for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall pay to Landlord one-twelfth ( (1/12th) of such estimated amounts, provided that if such notice Is is not given in December, Tenant shall continue to pay on the basis of the prior year’s 's estimate until the month after such notice is given. If at any time or times it appears to Landlord, in its reasonable judgment, that the amounts payable hereunder under this paragraph 5.G.(I) for the current calendar year will vary from its then then-current estimate by more than five percent (5%), Landlord shall may, by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate. Landlord's election not to give the notice described in the foregoing sentence shall not affect Landlord's ability to charge Tenant for, nor Tenant's liability to pay for, any shortfall in the estimated payments for such calendar year previously made by Tenant, as set forth in paragraph 5.G.(2).

Appears in 1 contract

Samples: Lease (Fogdog Inc)

Estimated Payments. Commencing on Prior to or as soon as practicable after the Commencement Date and continuing throughout the entire Term, Tenant shall pay Tenant’s Project Share of all Common Area Operating Expenses and Tenant’s Building Share of all Building Operating Expenses paid or payable by Landlord in each year. Before commencement of the Term and during December beginning of each calendar year or as soon thereafter as practicableyear, Landlord shall give will notify Tenant notice of its Landlord's estimate of amounts payable hereunder Tenant's Share of Expenses and Taxes for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall will pay to Landlord one-Landlord, in advance, one twelfth ( (1/12th) of such estimated amounts, provided that if until such notice Is not is given in Decemberwith respect to the ensuing calendar year, Tenant shall will continue to pay on the basis of the prior calendar year’s 's estimate until the month after the month in which such notice is given. In the month Tenant first pays based on Landlord's new estimate, Tenant will pay to Landlord one twelfth (1/12th) of the difference between the new estimate and the prior year's estimate for each month which has elapsed since the beginning of the current calendar year. If at any time or times it appears to Landlord, in its reasonable judgment, Landlord that the amounts payable hereunder Tenant's Share of Expenses or Tenant's Share of Taxes for the then-current calendar year will vary from its then current Landlord's estimate by more than five percent (5%), Landlord shall may, by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case year and subsequent payments by Tenant for such year shall will be based upon such the revised estimate.

Appears in 1 contract

Samples: Lease Agreement (Glacier Corp)

Estimated Payments. Commencing on the Commencement Date and continuing throughout the entire Term, Tenant shall pay Tenant’s Project Percentage Share of all other Common Area Operating Expenses and Tenant’s Building Share of all Building Operating Expenses Maintenance Costs paid or payable by Landlord in each year. ; provided, however, that Tenant shall pay Tenant’s Building Share of those Common Area Maintenance Costs arising from Landlord’s performance of its obligations under Paragraph 17.A. Before commencement of the Term Term, and during December of each calendar year or as soon thereafter as practicable, Landlord shall give Tenant written notice of its estimate of amounts payable hereunder under this Paragraph 5.C.(i) for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall pay to Landlord one-twelfth ( (1/12th) of such estimated amounts, provided that if such notice Is is not given in December, Tenant shall continue to pay on the basis of the prior year’s estimate until the month after such notice is given. If at any time or times it appears to Landlord, in its reasonable judgment, that the amounts payable hereunder under this Paragraph 5.C.(i) for the current calendar year will vary from its then current estimate by more than five percent (5%), Landlord shall by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate.

Appears in 1 contract

Samples: Tenant Improvement Agreement (BigBand Networks, Inc.)

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Estimated Payments. Commencing on Prior to or as soon as practicable after the Commencement Date and continuing throughout the entire Term, Tenant shall pay Tenant’s Project Share of all Common Area Operating Expenses and Tenant’s Building Share of all Building Operating Expenses paid or payable by Landlord in each year. Before commencement of the Term and during December beginning of each calendar year or as soon thereafter as practicablesubsequent to the Base Year, Landlord shall give will notify Tenant notice of its Landlord's estimate of amounts payable hereunder Tenant's Share of Additional Expenses and Additional Taxes for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall will pay to Landlord one-twelfth ( 1/12th) Landlord, in advance, 1/12 of such estimated amounts, provided that if until such notice Is not is given in Decemberwith respect to the ensuing calendar year, Tenant shall will continue to pay on the basis of the prior year’s calendar years's estimate until the month after the month in which such notice is given. In the month Tenant first pays based on Landlord's new estimate, Tenant will pay to Landlord 1/12 of the difference between the new estimate and the prior year's estimate for each month which has elapsed since the beginning of the current calendar year. If at any time or times it appears to Landlord, in its reasonable judgment, Landlord that the amounts payable hereunder Tenant's Share of Additional Expenses or Tenant's Share of Additional Taxes for the then-current calendar year will vary from its then current Landlord's estimate by more than five percent (5%), Landlord shall may, by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case year and subsequent payments by Tenant for such year shall will be based upon such the revised estimate.

Appears in 1 contract

Samples: Lease Agreement (Medibuy Com Inc)

Estimated Payments. Commencing In addition to Monthly Rent, Tenant will pay to Landlord in advance on the Commencement Date and continuing throughout first day of each month during the entire Term, Tenant shall pay Term one-twelfth (1/12) of Tenant’s Project 's Share of all Common Area Estimated Operating Expenses and Tenant’s Building Share of all Building paid, payable, or incurred during the subject calendar year or partial calendar year (the "Estimated Operating Expenses"). The Estimated Operating Expenses paid or payable by Landlord in each yearare subject to revision according to the further provisions of this Section 5.3 and Section 5.4. Before commencement of the Term and during During December of each calendar year or as soon thereafter after December as practicable, Landlord shall will give Tenant written notice of its Landlord's reasonable estimate of the amounts payable hereunder under Section 5.1 for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall will pay to Landlord in advance one-twelfth ( 1/12th(1/12) of such reasonable estimated amountsamount; however, provided that if such notice Is is not given in December, Tenant shall will continue to pay on the basis of the prior year’s 's estimate until the month after such notice is given; provided that in the month Tenant first pays Landlord's new estimate Tenant will pay to Landlord the difference between the new estimate and the amount payable under the prior year's estimate for each month which has elapsed since December. If at any time or times it reasonably appears to Landlord, in its reasonable judgment, Landlord that the amounts amount payable hereunder under Section 5.1 for the current calendar year will vary from its then current estimate by more than five percent (5%)Landlord's estimate, Landlord shall may, by written notice to Tenant, showing in reasonable detail the basis for such variance, revise its Landlord's estimate for such year, in which case and subsequent payments by Tenant for such year shall will be based upon such Landlord's reasonably revised estimate.

Appears in 1 contract

Samples: Lease Agreement (Lecstar Corp)

Estimated Payments. Commencing on as of the Commencement Effective Date and continuing throughout the entire Term, Tenant shall pay Tenant’s Project 's Percentage Share of all Common Area Operating Expenses and Tenant’s Building Share of all Building Operating Maintenance Expenses paid or payable by Landlord in each year. Before commencement of On the Term Effective Date and during December of each calendar year or as soon thereafter as practicable, Landlord shall give Tenant notice of its estimate of amounts payable hereunder under this paragraph 5.G.(1) for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determined. On or before the first day of each month during the ensuing calendar year, Tenant shall pay to Landlord one-twelfth ( (1/12th) of such estimated amounts, provided that if such notice Is is not given in December, Tenant shall continue to pay on the basis of the prior year’s 's estimate until the month after such notice is given. If at any time or times it appears to Landlord, in its reasonable judgment, that the amounts payable hereunder under this paragraph 5.G.(1) for the current calendar year will vary from its then then-current estimate by more than five percent (5%), Landlord shall may, by notice to Tenant, showing in reasonable detail the basis for such variance, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate. Landlord's election not to give the notice described in the foregoing sentence shall not affect Landlord's ability to charge Tenant for, nor Tenant's liability to pay for, any shortfall in the estimated payments for such calendar year previously made by Tenant, as set forth in paragraph 5.G.(2).

Appears in 1 contract

Samples: Lease (Ampex Corp /De/)

Estimated Payments. Commencing on the Commencement Date and continuing throughout the entire Term, Tenant shall pay Tenant’s Project Share of all Common Area Operating Expenses and Tenant’s Building Share of all Building Operating Expenses paid or payable by Landlord in each year. Before commencement of the Term and during December of each calendar year Prior to or as soon thereafter as practicablepracticable after the beginning of each Fiscal Year, Landlord shall give will notify Tenant notice of its Landlord's estimate of amounts payable hereunder Tenant's Share of Additional Expenses and Additional Taxes for the ensuing calendar year. Such notice shall show in reasonable detail the basis on which the estimate was determinedsuch Fiscal Year. On or before the first day of each month during the ensuing calendar yearsuch Fiscal Year, Tenant shall will pay to Landlord one-twelfth ( 1/12th) Landlord, in advance, 1/12 of such estimated amounts, provided that if until such notice Is not is given in Decemberwith respect to the estimates for such Fiscal Year, Tenant shall will continue to pay on the basis of the prior year’s Fiscal Year's estimate until the month after the month in which such notice is given. In the month Tenant first pays based on Landlord's new estimate, Tenant will pay to Landlord one-twelfth (1/12th) of the difference between the aggregate new estimate and the prior Fiscal Year's estimate multiplied by the number of months that Tenant has paid at the prior Fiscal Year's amount. If at any time or times it appears to Landlord, in its reasonable judgment, Landlord that the amounts payable hereunder Tenant's Share of Additional Expenses or Tenant's Share of Additional Taxes for the current calendar year thencurrent Fiscal Year will vary from its then current Landlord's estimate by more than five percent (5%), Landlord shall may but is not obligated to, by written notice to Tenant, showing in reasonable detail Tenant including the basis for such variancecalculation of the revised estimate, revise its estimate for such year, in which case year and subsequent payments by Tenant for such year shall will be based upon such the revised estimate.

Appears in 1 contract

Samples: Office Lease Agreement (Quixote Corp)

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