Excess or Deficiency Clause Samples

Excess or Deficiency. If on preparation of the account in respect of any Accounting Period the sums paid on account of the Service Charge by the Tenant for that Accounting Period under the provisions of paragraph 4.1 are greater or less than the Service Charge in respect of that Accounting Period then:- 4.3.1 if the sums actually paid by the Tenant on account of the Service Charge for that Accounting Period exceed such Service Charge then the amount of the excess is to be deducted from the sums payable by the Tenant on account of the Service Charge for the then current Accounting Period (or if the Term has come to an end the Landlord must within 10 days of ascertainment pay the amount of the excess to the Tenant); 4.3.2 if the sums actually paid by the Tenant on account of the Service Charge for that Accounting Period are less than such Service Charge the amount of such deficiency must be paid by the Tenant to the Landlord within 21 days of notice of it. The provisions of this paragraph continue to apply notwithstanding that the Term has come to an end but only in respect of the period down to the end of the Term.