Common use of Estimated Payments Clause in Contracts

Estimated Payments. Landlord shall submit to Tenant, before the ------------------ beginning of each Calendar Year, a statement of Landlord's estimates of the PCAM and BOE payable by Tenant during such Calendar Year. In addition to the Base Rent, Tenant shall pay to Landlord on or before the first day of each month during such Calendar Year an amount equal to one-twelfth (1/12) the estimated PCAM and BOE payable by Tenant for such Calendar Year as set forth in Landlord's statement. If Landlord fails to give Tenant notice of its estimated payments due under this Section for any Calendar Year, then Tenant shall continue making monthly estimated payments in accordance with the estimate for the previous Calendar Year until a new estimate is provided. If Landlord determines that, because of unexpected increases in PCAM or BOE or other reasons, Landlord's estimate of the PCAM and/or BOE was too low, then Landlord shall have the right to give a new statement of the estimated PCAM and BOE due from Tenant for such Calendar Year or the balance thereof and to xxxx Tenant for any deficiency which may have accrued during such Calendar Year, and Tenant shall thereafter pay monthly estimated payments based on such new statement; provided, however, that Landlord shall not exercise its right to give a new statement of estimated PCAM and/or BOE for any Calendar Year or the balance thereof on more than two (2) occasions during or with respect to any Calendar Year.

Appears in 1 contract

Samples: Work Agreement (Exodus Communications Inc)

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Estimated Payments. Landlord shall submit to Tenant, before the ------------------ beginning of each Calendar Year, a statement of Landlord's estimates ’s estimate of the PCAM and BOE Operating Expenses payable by Tenant during such Calendar Year, not to exceed the Cap on increases provided in Section 7.8. In addition to the Base Rent, Tenant shall pay to Landlord on or before the first day of each month during such Calendar Year an amount equal to one-twelfth (1/12) the estimated PCAM and BOE Operating Expenses payable by Tenant for such Calendar Year as set forth in Landlord's ’s statement. If Landlord fails to give Tenant notice of its estimated payments due under this Section for any Calendar Year, then Tenant shall continue making monthly estimated payments in accordance with the estimate for the previous Calendar Year until a new estimate is provided. If Landlord determines that, because of unexpected increases in PCAM or BOE Operating Expenses or other reasons, Landlord's ’s estimate of the PCAM and/or BOE Operating Expense was too low, then Landlord shall have the right to give a new statement (up to the Cap) of the estimated PCAM and BOE Operating Expenses due from Tenant for such Calendar Year or the balance thereof and to xxxx bxxx Tenant for any deficiency which may have accrued during such Calendar Year, and Tenant shall thereafter pay monthly estimated payments based on such new statement; provided, however, that Landlord shall not exercise its right to give a new statement of estimated PCAM and/or BOE for any Calendar Year or the balance thereof on more than two (2) occasions during or with respect to any Calendar Year.

Appears in 1 contract

Samples: Xo Holdings Inc

Estimated Payments. Landlord shall submit to Tenant, before the ------------------ beginning of each Calendar Yearcalendar year, a statement of Landlord's estimates estimate of the PCAM and BOE Landlord's Operating Expenses payable by Tenant during such Calendar Yearcalendar year. In addition to the Base Basic Rent, Tenant shall pay to Landlord on or before the first day of each month during such Calendar Year calendar year an amount equal to one-twelfth (1/12) the estimated PCAM and BOE Landlord's Operating Expenses payable by Tenant for such Calendar Year calendar year as set forth in Landlord's statement. If Landlord fails to give Tenant notice of its estimated payments due under this Section for any Calendar Yearcalendar year, then the Tenant shall continue making monthly estimated payments in accordance with the estimate for the previous Calendar Year calendar year until a new estimate is provided. If Landlord determines that, because of unexpected increases in PCAM or BOE Landlord's Operating Expenses or other reasons, Landlord's estimate of the PCAM and/or BOE Landlord's Operating Expenses was too low, then Landlord shall have the right to give a new statement of the estimated PCAM and BOE Landlord's Operating Expenses due from Tenant for such Calendar Year calendar year or the balance thereof and to xxxx Tenant bill Xxxant for any deficiency which may have accrued during such Calendar Yearcalendar year, and Tenant shall thereafter pay monthly estimated payments based on such new statement; provided, however, that Landlord shall not exercise its right to give a new statement of estimated PCAM and/or BOE for any Calendar Year or the balance thereof on more than two (2) occasions during or with respect to any Calendar Year.

Appears in 1 contract

Samples: Cysive Inc

Estimated Payments. Landlord shall submit to Tenant, before the ------------------ beginning of each Calendar Yearcalendar year, a statement of Landlord's estimates estimate of the PCAM and BOE Landlord's Operating Expenses payable by Tenant during such Calendar Yearcalendar year. In addition to the Base Basic Rent, Tenant shall pay to Landlord on or before the first day of each month during such Calendar Year calendar year an amount equal to one-twelfth (1/12) the estimated PCAM and BOE Landlord's Operating Expenses payable by Tenant for such Calendar Year calendar year as set forth in Landlord's statement. If Landlord fails to give Tenant notice of its estimated payments due under this Section for any Calendar Yearcalendar year, then the Tenant shall continue making monthly estimated payments in accordance with the estimate for the previous Calendar Year calendar year until a new estimate is provided. If Landlord determines that, because of unexpected increases in PCAM or BOE Landlord's Operating Expenses or other reasons, Landlord's estimate of the PCAM and/or BOE Landlord's Operating Expenses was too low, then Landlord shall have the right to give a new statement of the estimated PCAM and BOE Landlord's Operating Expenses due from Tenant for such Calendar Year calendar year or the balance thereof and to xxxx Tenant bill Xxxant for any deficiency which may have accrued during such Calendar Yearcalendar year, and Tenant shall thereafter pay monthly estimated payments based on such new statement; provided, however, that . Landlord shall not exercise maintain its right to give a new statement of estimated PCAM and/or BOE for any Calendar Year or the balance thereof on more than two (2) occasions during or books and records in accordance with respect to any Calendar Yeartax accounting principles.

Appears in 1 contract

Samples: Careerbuilder Inc

Estimated Payments. Landlord shall submit to Tenant, before the ------------------ beginning of each Calendar YearYear or as soon thereafter as possible, a reasonably itemized statement of Landlord's estimates estimate of the PCAM and BOE Operating Expenses payable by the Tenant during such Calendar Year. In addition to the Base Basic Rent, Tenant shall pay to Landlord on or before the first day of each month during such Calendar Year an amount equal to one-twelfth (1/12) the property prorated share of estimated PCAM and BOE operating expenses payable by Tenant for such Calendar Year as set forth in Landlord's statement. If Landlord fails to give Tenant notice of its estimated payments due under this Section for any Calendar Year, then Tenant shall continue making monthly estimated payments in accordance with the estimate for the previous Calendar Year until a new estimate is provided. If the Landlord determines that, because of unexpected increases in PCAM or BOE Operating Expenses or other reasons, Landlord's estimate of the PCAM and/or BOE Operating Expenses was too low, then Landlord shall have the right at any time and from time to time to give a new statement of the estimated PCAM and BOE Operating Expenses due from Tenant for such Calendar Year or the balance thereof and to xxxx bill Tenant for any deficiency which may have accrued during durxxx such Calendar Year, and Tenant within thirty (30) days after notice from Landlord shall pay such deficiency to Landlord and thereafter Tenant shall pay monthly estimated payments based on such new statement; provided, however, provided that Landlord such an adjustment shall not exercise its right to give a new statement of estimated PCAM and/or BOE for any Calendar Year or the balance thereof on occur not more often than two (2) occasions during or with respect to any Calendar Yearonce per year.

Appears in 1 contract

Samples: Access National Corp

Estimated Payments. Landlord shall submit to Tenant, before the ------------------ beginning of each Calendar Lease Year, a statement of Landlord's estimates estimate of the PCAM and BOE Operating Expenses payable by Tenant during such Calendar Lease Year. In addition to the Base Rent, Tenant shall pay to Landlord on or before the first day of each month during such Calendar Lease Year an amount equal to one-twelfth (1/12) the estimated PCAM and BOE Operating Expenses payable by Tenant for such Calendar Lease Year as set forth in Landlord's statement. If Landlord fails to give Tenant notice of its estimated payments due under this Section for any Calendar Lease Year, then the Tenant shall continue making monthly estimated payments in accordance with the estimate for the previous Calendar Lease Year until a new estimate is provided. If Landlord determines that, because of unexpected increases in PCAM or BOE Operating Expenses or other reasons, Landlord's estimate of the PCAM and/or BOE Operating Expenses was too low, then Landlord shall have the right to give a new statement of the estimated PCAM and BOE Operating Expenses due from Tenant for such Calendar Lease Year or the balance thereof and to xxxx Tenant for any deficiency which may have accrued during such Calendar Lease Year, and Tenant shall thereafter pay monthly estimated payments based on such new statement; provided, however, that Landlord shall not exercise if the amount of the deficiency is in excess of $15,000.00, Tenant may opt, in its right sole election, to give a new statement pay the deficiency that exceeds $15,000.00 in equal monthly installments over the remainder of estimated PCAM and/or BOE for any Calendar the Lease Year or the balance thereof on more than two (2) occasions during or with respect to any Calendar Yearin question.

Appears in 1 contract

Samples: Attornment and Nondisturbance Agreement (Predictive Systems Inc)

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Estimated Payments. Landlord shall submit to Tenant, before the ------------------ ------------------- beginning of each Calendar Yearcalendar year, a statement of Landlord's estimates reasonable estimate of the PCAM and BOE Landlord's Operating Expenses payable by Tenant during such Calendar Yearcalendar year. In addition to the Base Basic Rent, Tenant shall pay to Landlord on or before the first day of each month during such Calendar Year calendar year an amount equal to one-twelfth (1/12) the estimated PCAM and BOE Landlord's Operating Expenses payable by Tenant for such Calendar Year calendar year as set forth in Landlord's statement. If Landlord fails to give Tenant notice of its estimated payments due under this Section for any Calendar Yearcalendar year, then the Tenant shall continue making monthly estimated payments in accordance with the estimate for the previous Calendar Year calendar year until a new estimate is provided. If Landlord determines that, because of unexpected increases in PCAM or BOE Landlord's Operating Expenses or other reasons, Landlord's estimate of the PCAM and/or BOE Landlord's Operating Expenses was too low, then Landlord shall have the right to give a new statement of the estimated PCAM and BOE Landlord's Operating Expenses due from Tenant for such Calendar Year calendar year or the balance thereof and to xxxx Tenant for any deficiency which may have accrued during such Calendar Yearcalendar year, and Tenant shall thereafter pay monthly estimated payments based on such new statement; provided, however, that Landlord shall not exercise its right to give a new statement of estimated PCAM and/or BOE for any Calendar Year or the balance thereof on more than two (2) occasions during or with respect to any Calendar Year.

Appears in 1 contract

Samples: Work Agreement (Musicmaker Com Inc)

Estimated Payments. Landlord shall submit to Tenant, before the ------------------ beginning of each Calendar Yearcalendar year, a statement of Landlord's estimates ’s estimate of the PCAM and BOE Landlord’s Operating Expenses payable by Tenant during such Calendar Yearcalendar year. In addition to the Base Basic Rent, Tenant shall pay to Landlord on or before the first day of each month during such Calendar Year calendar year an amount equal to one-twelfth (1/12) the estimated PCAM and BOE Landlord’s Operating Expenses payable by Tenant for such Calendar Year calendar year as set forth in Landlord's ’s statement. If Landlord fails to give Tenant notice of its estimated payments due under this Section for any Calendar Yearcalendar year, then the Tenant shall continue making monthly estimated payments in accordance with the estimate for the previous Calendar Year calendar year until a new estimate is provided. If Landlord reasonably determines that, because of unexpected increases in PCAM or BOE Landlord’s Operating Expenses or other reasons, Landlord's ’s estimate of the PCAM and/or BOE Landlord’s Operating Expenses was too low, then Landlord shall have the right to give a new statement of the estimated PCAM and BOE Landlord’s Operating Expenses due from Tenant for such Calendar Year calendar year or the balance thereof and to xxxx Tenant for any deficiency which may have accrued during such Calendar Yearcalendar year, and Tenant shall thereafter pay monthly estimated payments based on such new statement; provided, however, that Landlord shall not exercise its right to give a new statement of estimated PCAM and/or BOE for any Calendar Year or the balance thereof on more than two (2) occasions during or with respect to any Calendar Year.

Appears in 1 contract

Samples: Deed of Lease (Inphonic Inc)

Estimated Payments. Landlord shall submit to Tenant, before the ------------------ beginning of each Calendar Year, a statement of Landlord's estimates estimate of the PCAM and BOE Operating Expenses payable by Tenant during such Calendar Year. In addition to the Base Rent, Tenant shall pay to Landlord on or before the first day of each month during such Calendar Year an amount equal to one-twelfth (1/12) of the estimated PCAM and BOE Operating Expenses payable by Tenant for such Calendar Year as set forth in Landlord's statement. If Landlord fails to give Tenant notice of its estimated payments due under this Section for any Calendar Year, then Tenant shall continue making monthly estimated payments in accordance with the estimate for the previous Calendar Year until a new estimate is providedprovided by Landlord. If Landlord determines that, because of unexpected increases in PCAM or BOE Operating Expenses or other reasons, Landlord's estimate of the PCAM and/or BOE Operating Expenses was too low, then Landlord shall have the right to give a new statement of the estimated PCAM and BOE Operating Expenses due from Tenant for such Calendar Year or the balance thereof and to xxxx bill Tenant for any deficiency which may have accrued during such Calendar Calxxxxr Year, and Tenant shall thereafter pay monthly estimated payments based on such new statement; provided, however, that Landlord shall not exercise its right to give a new statement of estimated PCAM and/or BOE for any Calendar Year or the balance thereof on more than two (2) occasions during or with respect to any Calendar Year.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Versatility Inc)

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