Common use of Expense and Tax Increases Clause in Contracts

Expense and Tax Increases. In addition to the Base Rent, Tenant shall pay to Landlord, as Additional Rent, as hereinafter provided, Tenant’s Proportionate Share of (i) increases in Operating Expenses over the Base Operating Expenses, and (ii) increases in Property Taxes over the Base Property Taxes (collectively referred to as the “Expense and Tax Increases”). Prior to the end of the Base Operating Expense Year, and in advance of each calendar year thereafter during the Term, Landlord shall furnish Tenant with an estimate (which estimate may be changed by Landlord from time to time) of Tenant’s Proportionate Share of the Expense and Tax Increases for the ensuing calendar year (or portion thereof). Commencing with the monthly installment of Base Rent payable for January, 2019, and thereafter on the first (1st) day of each month during the Term, Tenant shall pay to Landlord one-twelfth (1/12th) of the amount of Landlord’s then current estimate of Expense and Tax Increases. Within 180 days after the end of each calendar year following the Base Operating Expense Year and within 180 days after the end of the Term, Landlord shall submit to Tenant a statement, prepared by Landlord, of the actual Expense and Tax Increases for the preceding calendar year (or partial calendar year in the event the Term shall end on a date other than a December 31st), and the figures used for computing Tenant’s Proportionate Share for the preceding calendar year, and if Tenant’s Proportionate Share of Expense and Tax Increases so stated for such period is (i) more than the amount paid for such period, Tenant shall pay to Landlord the deficiency within thirty (30) days after submission of such statement, or (ii) less than the amount paid for such period, at Landlord’s sole election, Tenant shall be entitled to a credit in the amount of such excess against amounts next coming due under this Paragraph or Landlord shall refund the amount of such overpayment to Tenant (or a refund of such excess in the case of the end of the term of this Lease). Any such adjustment shall survive the expiration or earlier termination of the Term. If Landlord shall furnish such estimate subsequent to the commencement of any such calendar year, then, until the first (1st) day of the month following the month in which such estimate is furnished to Tenant, Tenant shall pay to Landlord on the first (1st) day of each month an amount equal to Tenant’s monthly payment with respect to Tenant’s Proportionate Share of Expense and Tax Increases for the last month of the preceding calendar year.

Expense and Tax Increases. In addition to The base year for purposes of calculating Expenses and Taxes (as such terms are defined in the Master Lease) shall be calendar year 2013 (the “Base RentYear”). During the Sublease Term, Tenant Subtenant shall pay to Landlordpay, as Additional Rent, as hereinafter provided, Tenantone hundred percent (100%) of Sublandlord’s Proportionate Share liabilities accruing under the Master Lease with respect to the amount by which the Expenses and Taxes paid or incurred by Master Landlord under Section 4 of (i) increases the Master Lease exceed the amount of Expenses and Taxes paid or incurred by Master Landlord in Operating Expenses over the Base Operating Expenses, and Year (ii) increases in Property Taxes over the Base Property Taxes (collectively referred to as the “Expense and Tax Increases”). Prior The Expense and Tax Increases shall be due and payable by Subtenant to Sublandlord at set forth below, and shall be in addition to the Base Rent and all other payments under this Sublease. (i) Pursuant to Sections 4.3 and 4.4 of the Master Lease, Master Landlord will (A) use reasonable efforts to make an annual determination of actual Expenses and Taxes attributable to the Subleased Premises for each calendar year within 120 days after the end of such year (the Base Operating Expense Year“Annual Master Landlord Determination”), and in advance (B) use commercially reasonable efforts to estimate, by April 1 of each year, the current year’s Expenses and Taxes attributable to the Subleased Premises (the “Annual Master Landlord Estimate”). At such time in calendar year thereafter during 2014 that Sublandlord has received from Master Landlord both the TermAnnual Master Landlord Determination for the 2013 Base Year (such determination for the 2013 Base Year only subject to adjustment by Sublandlord pursuant to the terms and conditions of Section 5(c) below), and the Annual Master Landlord shall furnish Tenant with an Estimate of 2014 Expenses and Taxes, Sublandlord will provide copies of same to Subtenant (and to the extent that Master Landlord’s documentation does not provide sufficient line item detail, Sublandlord will use commercially reasonable efforts to obtain same from Master Landlord) and will provide written notification to Subtenant setting forth Sublandlord’s estimate (which estimate may be changed by Landlord from time to time) of TenantSubtenant’s Proportionate Share of the liability, if any, for Expense and Tax Increases for the ensuing such 2014 calendar year (or portion thereofi.e., increases for 2014 over the 2013 Base Year). Commencing with the monthly installment of Base Rent payable for January, 2019, and thereafter on On the first (1st) day of each calendar month during after the Termdate of such Sublandlord notice, Tenant shall Subtenant will pay to Landlord one-twelfth (1/12th) of such estimated amount to Sublandlord as Additional Rent (the amount “Monthly Estimated Payments”), and such Monthly Estimated Payments will remain in effect until increased by subsequent annual notices from Sublandlord to Subtenant, which may be given by Sublandlord upon Sublandlord’s receipt of Landlord’s then current estimate subsequent Annual Master Landlord Estimates for the next succeeding calendar years. All calculations by Sublandlord of Expense and Tax IncreasesIncreases shall be based on determinations made by Master Landlord pursuant to the Master Lease. Within 180 days after By way of example, and without limiting the end generality of the foregoing, such calculations will include the ninety-five percent (95%) gross up pursuant to Section 4.3 of the Master Lease and the Expense and Tax exclusions pursuant to Sections 4.1.2 and 4.1.3 of the Master Lease. (ii) After Sublandlord’s receipt of each Annual Master Landlord Determination of actual Expenses and Taxes for a preceding calendar year year, the following the Base Operating Expense Year and within 180 days after the end of the Term, Landlord reconciliations shall submit to Tenant a statement, prepared by Landlord, of the actual be made: (A) Sublandlord will calculate Expense and Tax Increases for such preceding calendar year (i.e., the increases in actual Expenses and Taxes, as such terms are defined in the Master Lease, over actual Expenses and Taxes in the 2013 Base Year); (B) If the total amount paid by Subtenant for the preceding calendar year (or partial calendar year in the event the Term shall end on a date other than a December 31st), and the figures used for computing Tenant’s Proportionate Share for the preceding calendar year, and if Tenant’s Proportionate Share account of Expense and Tax Increases so stated is less than Subtenant’s liability for Expense and Tax Increases for such period is (i) more than the amount paid for such periodyear, Tenant then Subtenant shall pay such deficiency to Landlord the deficiency Sublandlord as Additional Rent in one lump sum within thirty (30) days after submission of such statement, or receipt of Sublandlord’s xxxx therefor; and (iiC) less than If the amount total actually paid by Subtenant for such period, at Landlord’s sole election, Tenant shall be entitled to a credit in the amount of such excess against amounts next coming due under this Paragraph or Landlord shall refund the amount of such overpayment to Tenant (or a refund of such excess in the case of the end of the term of this Lease). Any such adjustment shall survive the expiration or earlier termination of the Term. If Landlord shall furnish such estimate subsequent to the commencement of any such preceding calendar year, then, until the first (1st) day of the month following the month in which such estimate is furnished to Tenant, Tenant shall pay to Landlord year on the first (1st) day of each month an amount equal to Tenant’s monthly payment with respect to Tenant’s Proportionate Share account of Expense and Tax Increases is more than Subtenant’s liability for Expense and Tax Increases for such year, then Sublandlord shall credit the last month difference against the then next due payments to be made by Subtenant to Sublandlord hereunder or, if the Sublease has terminated, refund the difference in cash within sixty (60) days. (iii) At Subtenant’s request, and with Master Landlord’s consent to the extent required under the Master Lease, Sublandlord will allow Subtenant to exercise Sublandlord’s rights under Section 4.3 of the preceding Master Lease to review the books and records of Master Landlord related to Expenses and Taxes on the terms and conditions set forth in Section 4.3 of the Master Lease. Within forty-five (45) days of Subtenant’s receipt thereof, Subtenant will provide a copy of the written results of such review to Sublandlord and Master Landlord. If any such review proves an overcharge of Expenses and/or Taxes by Master Landlord for a particular calendar year, then Sublandlord will correct any corresponding overcharge in the amounts paid by Subtenant to Sublandlord for such same calendar year, and any reimbursement by Master Landlord to Sublandlord of the cost of such audit pursuant to Section 4.3 of the Master Lease will be promptly paid to Subtenant. (iv) In consideration of the fact that the Sublease Expiration Date falls in the first quarter of calendar year 2017, it is agreed that the Monthly Estimated Payments established with respect to calendar year 2016 will continue without adjustment until the Sublease Expiration Date. It is further agreed that at such time after the Sublease Expiration Date that Sublandlord receives an annual reconciliation statement from Master Landlord which requires a payment from or to Sublandlord, such payment shall be made by or to Subtenant, and such obligation shall expressly survive expiration of this Sublease and of the Master Lease.

Expense and Tax Increases. In addition to the Base Rent, Tenant shall pay to Landlord, as Additional Rent, as hereinafter provided, Tenant’s 's Proportionate Share of (i) increases in Operating Expenses over the Base Operating Expenses, and (ii) increases in Property Taxes over the Base Property Taxes (collectively referred to as the “"Expense and Tax Increases”"). Prior to the end of the Base Operating Expense Year, and in advance of each calendar year thereafter during the Term, Landlord shall furnish Tenant with an estimate (which estimate may be changed by Landlord from time to time) of Tenant’s 's Proportionate Share of the Expense and Tax Increases for the ensuing calendar year (or portion thereof). Commencing with the monthly installment of Base Rent payable for January, 2019, and thereafter on the first (1st) day of each month during the Term, Tenant shall pay to Landlord one-twelfth (1/12th) of the amount of Landlord’s 's then current estimate of Expense and Tax Increases. Within 180 days after the end of each calendar year following the Base Operating Expense Year and within 180 days after the end of the Term, Landlord shall submit to Tenant a statement, prepared by Landlord, of the actual Expense and Tax Increases for the preceding calendar year (or partial calendar year in the event the Term shall end on a date other than a December 31st), and the figures used for computing Tenant’s 's Proportionate Share for the preceding calendar year, and if Tenant’s 's Proportionate Share of Expense and Tax Increases so stated for such period is (i) more than the amount paid for such period, Tenant shall pay to Landlord the deficiency within thirty (30) days after submission of such statement, or (ii) less than the amount paid for such period, at Landlord’s 's sole election, Tenant shall be entitled to a credit in the amount of such excess against amounts next coming due under this Paragraph or Landlord shall refund the amount of such overpayment to Tenant (or a refund of such excess in the case of the end of the term of this Lease). Any such adjustment shall survive the expiration or earlier termination of the Term. If Landlord shall furnish such estimate subsequent to the commencement of any such calendar year, then, until the first (1st) day of the month following the month in which such estimate is furnished to Tenant, Tenant shall pay to Landlord on the first (1st) day of each month an amount equal to Tenant’s 's monthly payment with respect to Tenant’s 's Proportionate Share of Expense and Tax Increases for the last month of the preceding calendar year.

Expense and Tax Increases. In addition to the Base Rent, Tenant shall pay to Landlord, as Additional Rent, as hereinafter provided, (I) Tenant’s 's 2018 Proportionate Share of (i) increases in Operating Expenses over the Base Operating Expenses, and (ii) increases in Property Taxes over the Base Property Taxes; and (II) Tenant's 2019 Proportionate Share of (a) increases in Operating Expenses over 2019 Operating Expenses, and (b) increases in Property Taxes over 2019 Property Taxes (collectively referred to as the “"Expense and Tax Increases”"). Prior to the end of the Base Operating Expense Year, and in In advance of each calendar year thereafter during the Term, Landlord shall furnish Tenant with an estimate (which estimate may be changed by Landlord from time to time) of Tenant’s 's 2018 and 2019 Proportionate Share Shares of the Expense and Tax Increases for the ensuing calendar year (or portion thereof). Commencing with the monthly installment of Base Rent payable for January, 2019, and thereafter on the first (1st) day of each month during of calendar year 2019, Tenant shall pay to Landlord one-twelfth (1/12th) of the amount of Landlord's then current estimate of Expense and Tax Increases. Commencing with the monthly installment of Base Rent payable for January, 2020 (as to the Initial Premises) and February, 2020 (as to the February 2020 Space) and thereafter on the first (1st) day of each month of the Term, Tenant shall pay to Landlord one-twelfth (1/12th) of the amount of Landlord’s 's then current estimate of Expense and Tax Increases. Within 180 days after the end of each calendar year following the Base Operating Expense Year and within 180 days after the end of the Term, Landlord shall submit to Tenant a statement, prepared by Landlord, of the actual Expense and Tax Increases for the preceding calendar year (or partial calendar year in the event the Term shall end on a date other than a December 31st), and the figures used for computing Tenant’s 's 2018 and 2019 Proportionate Share Shares for the preceding calendar year, and if Tenant’s 's 2018 and 2019 Proportionate Share Shares of Expense and Tax Increases so stated for such period is (i) more than the amount paid for such period, Tenant shall pay to Landlord the deficiency within thirty (30) days after submission of such statement, or (ii) less than the amount paid for such period, at Landlord’s 's sole election, Tenant shall be entitled to a credit in the amount of such excess against amounts next coming due under this Paragraph or Landlord shall refund the amount of such overpayment to Tenant (or a refund of such excess in the case of the end of the term of this Lease). Any such adjustment shall survive the expiration or earlier termination of the Term. If Landlord shall furnish such estimate subsequent to the commencement of any such calendar year, then, until the first (1st) day of the month following the month in which such estimate is furnished to Tenant, Tenant shall pay to Landlord on the first (1st) day of each month an amount equal to Tenant’s 's monthly payment with respect to Tenant’s 's 2018 and 2019 Proportionate Share Shares of Expense and Tax Increases for the last month of the preceding calendar year.

Expense and Tax Increases. In addition to the Base Rent, Tenant shall pay to Landlord, as Additional Rentadditional rent, as hereinafter provided, Tenant’s Proportionate Share of (i) increases in Operating Expenses over the Base Operating Expenses, and (ii) increases in Property Taxes over the Base Property Taxes Taxes, (collectively referred to as the “Expense and Tax Increases”). Prior to the end of the Base Operating Expense YearJuly 1, 2019, and in advance of each calendar year thereafter during the Term, Landlord shall furnish Tenant with an estimate (which estimate may be changed by Landlord from time to time) of Tenant’s Proportionate Share of the Expense and Tax Increases for the ensuing calendar year (or portion thereof). Commencing with the monthly installment of Base Rent payable for Januaryon July 1, 2019, and thereafter on the first (1st) day of each month during the Term, Tenant shall pay to Landlord one-twelfth (1/12th) of the amount of Landlord’s then current estimate of Expense and Tax Increases. Within 180 days after After the end of each calendar year following the Base Operating Expense Year and within 180 days after the end of the Term, Landlord shall submit to Tenant a statement, prepared by Landlord, of the actual Expense and Tax Increases for the preceding calendar year (or partial calendar year in the event the Term shall end on a date other than a December 31st), and the figures used for computing Tenant’s Proportionate Share for the preceding calendar year, and if Tenant’s Proportionate Share of Expense and Tax Increases so stated for such period is (i) more than the amount paid for such period, Tenant shall pay to Landlord the deficiency within thirty twenty (3020) days after submission of such statement, or (ii) less than the amount paid for such period, at Landlord’s sole election, Tenant shall be entitled to a credit in the amount of such excess against amounts next coming due under this Paragraph 4(C) or Landlord shall refund the amount of such overpayment to Tenant (or a refund of such excess in the case of the end of the term of this Lease). Any such adjustment shall survive the expiration or earlier termination of the Term. If Landlord shall furnish such estimate subsequent to the commencement of any such calendar year, then, until the first (1st) day of the month following the month in which such estimate is furnished to Tenant, Tenant shall pay to Landlord on the first (1st) day of each month an amount equal to Tenant’s monthly payment with respect to Tenant’s Proportionate Share of Expense and Tax Increases for the last month of the preceding calendar year.

Expense and Tax Increases. In addition to the Base Rent, Tenant shall pay to Landlord, as Additional Rentadditional rent, as hereinafter provided, Tenant’s Proportionate Share of (i) increases in Operating Expenses over the Base Operating Expenses, and (ii) increases in Property Taxes over the Base Property Taxes (collectively referred to as the “Expense and Tax Increases”). Prior to the end of the Base Operating Expense Year, and in advance of each calendar year thereafter during the Term, Landlord shall furnish Tenant with an estimate (which estimate may be changed by Landlord from time to time) of Tenant’s Proportionate Share of the Expense and Tax Increases for the ensuing calendar year (or portion thereof). Commencing with the monthly installment of Base Rent payable for January, 20192012, and thereafter on the first (1st) day of each month during the Term, Tenant shall pay to Landlord one-twelfth (1/12th) of the amount of Landlord’s then current estimate of Expense and Tax Increases. Within 180 days after After the end of each calendar year following the Base Operating Expense Year and within 180 days after the end of the Term, Landlord shall submit to Tenant a statement, prepared by Landlord, of the actual Expense and Tax Increases for the preceding calendar year (or partial calendar year in the event the Term shall end on a date other than a December 31st), and the figures used for computing Tenant’s Proportionate Share for the preceding calendar year, and if Tenant’s Proportionate Share of Expense and Tax Increases so stated for such period is (i) more than the amount paid for such period, Tenant shall pay to Landlord the deficiency within thirty (30) days after submission of such statement, or (ii) less than the amount paid for such period, at Landlord’s sole election, Tenant shall be entitled to a credit in the amount of such excess against amounts next coming due under this Paragraph or Landlord shall refund the amount of such overpayment to Tenant (or a refund of such excess in the case of the end of the term of this Lease). Any such adjustment shall survive the expiration or earlier termination of the Term. If Landlord shall furnish such estimate subsequent to the commencement of any such calendar year, then, until the first (1st) day of the month following the month in which such estimate is furnished to Tenant, Tenant shall pay to Landlord on the first (1st) day of each month an amount equal to Tenant’s monthly payment with respect to Tenant’s Proportionate Share of Expense and Tax Increases for the last month of the preceding calendar year.

Expense and Tax Increases. In addition to the Base Rent, Tenant shall pay to Landlord, as Additional Rent, as hereinafter provided, (I) Tenant’s 's 2018 Proportionate Share of (i) increases in Operating Expenses over the Base Operating Expenses, and (ii) increases in Property Taxes over the Base Property Taxes; (II) Tenant's 2019 Proportionate Share of (a) increases in Operating Expenses over 2019 Operating Expenses, and (b) increases in Property Taxes over 2019 Property Taxes, and (c) (III) Tenant's 2021 Proportionate Share of (1) increases in Operating Expenses over 2021 Operating Expenses, and (2) increases in Property Taxes over 2021 Property Taxes (collectively referred to as the “"Expense and Tax Increases”"). Prior to the end of the Base Operating Expense Year, and in In advance of each calendar year thereafter during the Term, Landlord shall furnish Tenant with an estimate (which estimate may be changed by Landlord from time to time) of Tenant’s 's 2018, 2019 and 2021 Proportionate Share Shares of the Expense and Tax Increases for the ensuing calendar year (or portion thereof). Commencing with the monthly installment of Base Rent payable for January, 2019, and thereafter on the first (1st) day of each month during the Termof calendar year 2019, Tenant shall pay to Landlord one-twelfth (1/12th) of the amount of Landlord’s 's then current estimate of Expense and Tax Increases. Commencing with the monthly installment of Base Rent payable for January, 2020 (as to the Initial Premises) and February, 2020 (as to the February 2020 Space) and thereafter on the first (1st) day of each month of through December 31, 2021, Tenant shall pay to Landlord one-twelfth (1/12th) of the amount of Landlord's then current estimate of Expense and Tax Increases. Commencing with the monthly installment of Base Rent payable for January, 2022, and thereafter on the first (1st) day of each month of the Term, as to the entire Leased Premises, Tenant shall pay to Landlord one-twelfth (1/12th) of the amount of Landlord's then current estimate of Expense and Tax Increases. Within 180 days after the end of each calendar year following the Base Operating Expense Year and within 180 days after the end of the Term, Landlord shall submit to Tenant a statement, prepared by Landlord, of the actual 0 Xxxxxxx Xxxx, Xxx Xxxxx XX 00000-0000 ph 000.000.0000 fax 000.000.0000 Expense and Tax Increases for the preceding calendar year (or partial calendar year in the event the Term shall end on a date other than a December 31st), and the figures used for computing Tenant’s 's 2018,2019 and 2021 Proportionate Share Shares for the preceding calendar year, and if Tenant’s 's 2018, 2019 and 2021 Proportionate Share Shares of Expense and Tax Increases so stated for such period is (i) more than the amount paid for such period, Tenant shall pay to Landlord the deficiency within thirty (30) days after submission of such statement, or (ii) less than the amount paid for such period, at Landlord’s 's sole election, Tenant shall be entitled to a credit in the amount of such excess against amounts next coming due under this Paragraph or Landlord shall refund the amount of such overpayment to Tenant (or a refund of such excess in the case of the end of the term of this Lease). Any such adjustment shall survive the expiration or earlier termination of the Term. If Landlord shall furnish such estimate subsequent to the commencement of any such calendar year, then, until the first (1st) day of the month following the month in which such estimate is furnished to Tenant, Tenant shall pay to Landlord on the first (1st) day of each month an amount equal to Tenant’s 's monthly payment with respect to Tenant’s 's 2018, 2019 and 2021 Proportionate Share Shares of Expense and Tax Increases for the last month of the preceding calendar year.