Common use of Estimated Payments Clause in Contracts

Estimated Payments. Landlord will use commercially reasonable efforts to deliver to Tenant, prior to or as soon as practicable after the beginning of each Fiscal Year subsequent to the Base Year but in no event later than four months after the beginning of each Fiscal Year, a line by line item statement reasonably detailing all actual Expenses incurred during the immediately preceding Fiscal Year, Tenant’s Share of the Additional Expenses (if any) for the preceding Fiscal Year, Landlord’s good faith estimate of the Expenses to be incurred during the ensuing Fiscal Year and Tenant’s Share of the estimated Additional Expenses (if any) for the ensuing Fiscal Year. On or before the first day of each calendar month following receipt of such notice, and during the ensuing Fiscal Year, Tenant shall pay to Landlord, in advance, an amount equal to (i) the difference between (A) Tenant’s Share of Landlord’s estimate of Additional Expenses for such Fiscal Year and (B) all Additional Rent paid to date by Tenant attributable to such Fiscal Year, divided by (ii) the number of full calendar months remaining in such Fiscal Year. Until such notice is given with respect to the ensuing Fiscal Year, Tenant will continue to pay on the basis of the prior Fiscal Year’s estimate until the month after the month in which such notice is given. If at any time or times, in Landlord’s good faith, reasonable judgment, Tenant’s Share of Additional Expenses for the then-current Fiscal Year will vary from Landlord’s estimate by more than five percent (5%), Landlord may, by written notice to Tenant, revise its estimate for such Fiscal Year and subsequent payments by Tenant for such Fiscal Year will be based upon the revised estimate.

Estimated Payments. Landlord will use commercially reasonable efforts to deliver to Tenant, prior Prior to or as soon as practicable within 60 days after the beginning of each Fiscal Year subsequent to the Base Year but in no event later than four months after the beginning calendar year, Landlord will notify Tenant of each Fiscal Year, a line by line item statement reasonably detailing all actual Expenses incurred during the immediately preceding Fiscal Year, Tenant’s Share of the Additional Expenses (if any) for the preceding Fiscal Year, Landlord’s good faith estimate of the Operating Expenses to be incurred during the ensuing Fiscal Year and Tenant’s Share of the estimated Additional Expenses (if any) for the ensuing Fiscal Yearsuch calendar year. On or before the first day of each calendar month following receipt of such notice, and during the ensuing Fiscal YearTerm, Tenant shall will pay to Landlord, in advance, an amount equal to (i) the difference between (A) 1/12 of Tenant’s Share of Landlord’s estimate of Additional Expenses for such Fiscal Year and (B) all Additional Rent paid to date by Tenant attributable to such Fiscal Year, divided by (ii) the number of full calendar months remaining in such Fiscal Year. Until estimated Operating Expenses; provided that until such notice is given with respect to the ensuing Fiscal Yearcalendar year, Tenant will continue to pay on the basis of the prior Fiscal Yearcalendar year’s estimate until the month after the month in which such notice is given. Within thirty (30) days after Tenant’s receipt of 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, in Landlord’s good faith, reasonable judgment, Tenant’s Share of Additional times it appears to Landlord that Operating Expenses for the then-current Fiscal Year calendar year will vary from Landlord’s estimate by more than five percent (5%), Landlord may, by written notice to Tenant, revise its estimate for such Fiscal Year year, and subsequent payments by Tenant for such Fiscal Year year will be based upon the revised estimate. If Tenant’s share of Operating Expenses for any year are expected to be more than 105% of Tenant’s Share of Operating Expenses for the preceding year, Tenant may require Landlord (at no cost to Tenant) to obtain bids for all Operating Expenses which constitute 5% or more of the aggregate Operating Expenses (other than insurance) for which Landlord may reasonably be expected to be able to obtain bids. Such bids will be from reputable providers of such services. Landlord shall then reasonably select the providers of such services included within Operating Expenses based on the bid amount and the quality and experience of such provider, subject to Tenant’s right to review the bids with Landlord.

Estimated Payments. Landlord will use commercially reasonable efforts to deliver to Tenant, prior Prior to or as soon as practicable after the beginning of each Fiscal Year calendar year subsequent to the Base Year but in no event Year, Landlord will notify Tenant of Landlord's reasonable estimate of Tenant's Share of Additional Expenses and Additional Taxes for the ensuing calendar year. Landlord shall use commercially reasonable efforts to give Tenant such estimate not later than four months after one hundred twenty (120) days following the beginning of each Fiscal Year, a line by line item statement reasonably detailing all actual Expenses incurred during the immediately preceding Fiscal Year, Tenant’s Share end of the Additional Expenses (if any) for the preceding Fiscal Yearprior calendar year. Such statement shall be reasonably itemized on a line-item by line-item basis, Landlord’s good faith estimate of the Expenses to be incurred during the ensuing Fiscal Year and Tenant’s Share of the estimated Additional Expenses (if any) and Additional Taxes shall be calculated by comparing the estimated Expenses and Taxes for the ensuing Fiscal coming year to the amount of actual Expenses and actual Taxes for the Base Year. On Commencing on the one (1) year anniversary of the Initial Occupancy Date and on or before the first day of each calendar month following receipt of such notice, and thereafter during the ensuing Fiscal Yearcalendar year but not sooner than twenty (20) days after receipt of the statement referenced above, Tenant shall will pay to Landlord, in advance, an amount equal to (i) the difference between (A) Tenant’s Share 1/12 of Landlord’s estimate of Additional Expenses for such Fiscal Year and (B) all Additional Rent paid to date by Tenant attributable to such Fiscal Yearestimated amounts, divided by (ii) the number of full calendar months remaining in such Fiscal Year. Until provided that until such notice is given with respect to the ensuing Fiscal Yearcalendar year, Tenant will continue to pay on the basis of the prior Fiscal Year’s calendar 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 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 or the Initial Occupancy Date, as applicable. If at any time or times, in Landlord’s good faith, reasonable judgment, times it reasonably appears to Landlord that Tenant’s 's Share of Additional Expenses or Tenant's Share of Additional Taxes for the then-current Fiscal Year calendar year will vary from Landlord’s 's estimate by more than five percent (5%), Landlord may, by written notice to Tenant, revise its estimate for such Fiscal Year year and subsequent payments by Tenant for such Fiscal Year year will be based upon the revised estimate.

Estimated Payments. Landlord will use commercially reasonable efforts to deliver to Tenant shall make monthly installment payments on an estimated basis toward Tenant, prior to or as soon as practicable after the beginning of each Fiscal Year subsequent to the Base Year but in no event later than four months after the beginning of each Fiscal Year, a line by line item statement reasonably detailing all actual Expenses incurred during the immediately preceding Fiscal Year, Tenant’s 's Share of the Additional Expenses (if any) for the preceding Fiscal Year, Landlord’s good faith estimate of the Expenses to be incurred during the ensuing Fiscal Year and Tenant’s Share of the estimated Additional Expenses (if any) for the ensuing Fiscal Year. On or before the first day of each calendar month following receipt of such notice, and during the ensuing Fiscal Year, Tenant shall pay to LandlordExpense Increases, in advance, an amount equal to one-twelfth (i1/12) of Landlord's estimate of the difference between (A) Tenant’s 's Share of Expense Increases for the then-current calendar year. Tenant's obligation to make monthly installment payments toward Tenant's Share of Expense Increases for Space A shall not commence until the first anniversary of the Space A Commencement Date. Tenant's obligation to make monthly installment payments toward Tenant's Share of Expense Increases for Space B shall not commence until the first anniversary of the Space B Commencement Date. The foregoing estimate(s) shall be based on Landlord’s 's reasonable estimate of Additional Expenses Expense Increases for such Fiscal Year and calendar year (B) all Additional Rent paid to date by Tenant attributable to such Fiscal Year, divided by (ii) the number of full calendar months remaining in such Fiscal Year. Until such notice is given with respect to the ensuing Fiscal Year, Tenant will continue to pay on the basis which shall not exceed 105% of the prior Fiscal Year’s year's Expense Increases in the absence of evidence that a larger estimate is warranted). Landlord shall endeavor to communicate such estimate to Tenant on or before the date Landlord provides Tenant with the Expense Statement referenced in Section 9.4, below, provided that until Landlord provides such estimate to Tenant, Tenant's estimated payments will be based upon the month after the month in which such notice is givenprior year's estimate. If at any time or timestimes during such calendar year, in Landlord’s good faith, reasonable judgment, it appears to Landlord that Tenant’s 's Share of Additional Expenses Expense Increases for the then-current Fiscal Year such calendar year will vary from Landlord’s 's estimate by more than five percent (5%)) on an annualized basis, Landlord may, by written notice to Tenant, revise its estimate for such Fiscal Year calendar year and subsequent Tenant's estimated payments by Tenant hereunder for such Fiscal Year will calendar year shall thereupon be based upon the on such revised estimate.

Estimated Payments. Landlord will use commercially reasonable efforts to deliver to Tenant shall make monthly installment payments on an estimated basis toward Tenant, prior to or as soon as practicable after the beginning of each Fiscal Year subsequent to the Base Year but in no event later than four months after the beginning of each Fiscal Year, a line by line item statement reasonably detailing all actual Expenses incurred during the immediately preceding Fiscal Year, Tenant’s 's Share of the Additional Expenses (if any) for the preceding Fiscal Year, Landlord’s good faith estimate of the Expenses to be incurred during the ensuing Fiscal Year and Tenant’s Share of the estimated Additional Expenses (if any) for the ensuing Fiscal Year. On or before the first day of each calendar month following receipt of such notice, and during the ensuing Fiscal Year, Tenant shall pay to LandlordExpense Increases, in advance, an amount equal to one-twelfth (i1/12th) the difference between (A) of Landlord's estimate of Tenant’s 's Share of Expense Increases for the then-current calendar year, respectively. Tenant's obligation to make monthly installment payments toward Tenant's Share of Expense Increases shall not commence until the first (1st) day of the thirteenth (13th) month of the Term. The foregoing estimate(s) shall based on Landlord’s 's reasonable estimate of Additional Expenses Expense Increases for such Fiscal Year and calendar year (B) all Additional Rent paid to date by Tenant attributable to such Fiscal Year, divided by (ii) the number of full calendar months remaining in such Fiscal Year. Until such notice is given with respect to the ensuing Fiscal Year, Tenant will continue to pay on the basis which shall not exceed 105% of the prior Fiscal Year’s year's Expense Increases in the absence of evidence that a larger estimate is warranted). Landlord shall endeavor to communicate such estimate to Tenant on or before the date Landlord provides Tenant with the Expense Statement referenced in Section 9.4, below, provided that until Landlord provides such estimate to Tenant, Tenant's estimated payments will be based upon the month after the month in which such notice is givenprior year's estimate. If at any time or timestimes during such calendar year, in Landlord’s good faith, reasonable judgment, it appears to Landlord that Tenant’s 's Share of Additional Expenses Expense Increases for the then-current Fiscal Year such calendar year will vary from Landlord’s 's estimate by more than five percent (5%)) on an annualized basis, Landlord may, by written notice to Tenant, revise its estimate for such Fiscal Year calendar year and subsequent Tenant's estimated payments by Tenant hereunder for such Fiscal Year will calendar year shall thereupon be based upon the on such revised estimate.

Estimated Payments. During each calendar year or partial calendar year in the Term, in addition to monthly rent, Tenant will pa: Landlord on the first day of each month an amount equal to 1/12 of the product of Tenant's share multiplied by the "estimated operating expenses" (defined below) for such calendar year. "Estimated operating expenses" for any calendar year means Landlor reasonable estimate of operating expenses for such calendar year, less the product of the operating expenses base, multiplied by the rentable area of the Building and will use commercially reasonable efforts be subject to deliver revision according to Tenantthe further provisions of this Section 5.2 and Section 53. During any partial calendar year during the Term, prior to estimated operating expenses will be estimated on a full year basis. During each December during the Term, or as soon after each December as practicable after the beginning practicable, Landlord will give Tenant written notice of each Fiscal Year subsequent to the Base Year but in no event later than four months after the beginning of each Fiscal Year, a line by line item statement reasonably detailing all actual Expenses incurred during the immediately preceding Fiscal Year, Tenant’s Share of the Additional Expenses (if any) for the preceding Fiscal Year, Landlord’s good faith estimate of the Expenses to be incurred during the ensuing Fiscal Year and Tenant’s Share of the estimated Additional Expenses (if any) operating expenses for the ensuing Fiscal Yearcalendar year. On or before the first day of each calendar month following receipt of such notice, and during the ensuing Fiscal Yearcalendar year (or e~ month of the term, if a partial calendar year), Tenant shall will pay to Landlord, in advance, an amount equal to (i) Landlord 1/12 of the difference between (A) product of Tenant’s Share of Landlord’s estimate of Additional Expenses 's share multiplied by the estimated operating expenses for such Fiscal Year and (B) all Additional Rent paid to date by Tenant attributable to calendar year', however, if such Fiscal Year, divided by (ii) the number of full calendar months remaining in such Fiscal Year. Until such written notice is not given with respect to the ensuing Fiscal Yearin December, Tenant will continue to pay make monthly payments on the basis of the prior Fiscal Year’s estimate year's estimated operating expenses until the month after the month in which such written notice is giveng at which time Tenant will commence making monthly payments based upon the revised estimated operating expenses. In the more Tenant first makes a payment based upon the revised estimated operating expenses, Tenant will pay to Landlord for each month `~ has elapsed since December the difference between the amount payable based upon the revised estimated operating expenses and amount payable based upon the prior year's estimated operating expenses. If at any time or times, in times it reasonably appears to Landlord’s good faith, reasonable judgment, Tenant’s Share of Additional Expenses : that the actual operating expenses for the then-current Fiscal Year any calendar year will vary from Landlord’s estimate by more than five percent (5%)the estimated operating expenses for such calendar year, Landlord may, . by written notice to Tenant, revise its estimate the estimated operating expenses for such Fiscal Year calendar year, and subsequent payments payment by Tenant for in such Fiscal Year calendar year will be based upon the such revised estimateestimated operating expenses.