Common use of Final Partial Year Clause in Contracts

Final Partial Year. If the Term will expire or this Lease has been terminated prior to a final determination of the Tenant’s actual Pro Rata Share of Operating Costs, the amount of adjustment between Tenant’s estimated Pro Rata Share and Tenant’s actual Pro Rata Share of Operating Costs payable for the preceding calendar year and/or the final partial calendar year of the Term will be projected by the Landlord based upon the best data available to Landlord at the time of the estimate. Within thirty (30) days after receipt of a statement from Landlord setting forth Landlord’s projections, Tenant will pay to Landlord, or Landlord will pay to Tenant, as the case may be, the difference between Tenant’s projected actual Pro Rata Share of Operating Costs for the period in question and Tenant’s estimated Pro Rata Share of Operating Costs paid by Tenant for the period in question. The obligations set forth in the preceding sentence will survive the Expiration Date or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease Assignment & Assumption (Fulgent Genetics, Inc.), Office Building Lease (Archipelago Learning, Inc.), Lease Termination Agreement (Archipelago Learning, Inc.)

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Final Partial Year. If the Term will expire or this Lease has ------------------ been terminated prior to a final determination of the Tenant’s 's actual Pro Rata Share of Electricity Costs or Pro Rata Share of Operating Costs, the amount of adjustment between Tenant’s 's estimated Pro Rata Share pro rata share of such costs and Tenant’s 's actual Pro Rata Share pro rata share of Operating Costs such costs payable for the preceding calendar year and/or the final partial calendar year of the Term will be projected by the Landlord based upon the best data available to Landlord at the time of the estimate. Within thirty (30) days after receipt of a statement from Landlord setting forth Landlord’s 's projections, Tenant will pay to Landlord, or Landlord will pay to Tenant, as the case may be, the difference between Tenant’s 's projected actual Pro Rata Share of Electricity Costs and Pro Rata Share of Operating Costs for the period in question and Tenant’s 's estimated Pro Rata Share of Electricity Costs and Pro Rata Share of Operating Costs paid by Tenant for the period in question. The obligations set forth in the preceding sentence will survive the Expiration Date or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc), Lease Agreement (Wells Real Estate Investment Trust Inc)

Final Partial Year. If the Term will expire or this Lease has been terminated prior to a final determination of the Tenant’s actual Pro Rata Share of Operating Costs, the amount of adjustment between Tenant’s estimated Pro Rata Share and Tenant’s actual Pro Rata Share of Operating Costs payable for the preceding calendar year and/or the final partial calendar year of the Term will be projected by the Landlord based upon the best data available to Landlord at the time of the estimate. Within thirty (30) days after receipt of a statement from Landlord setting forth Landlord’s projections, Tenant will pay to Landlord, or Landlord will pay to Tenant, as the case may be, the difference between TenantXxxxxx’s projected actual Pro Rata Share of Operating Costs for the period in question and TenantXxxxxx’s estimated Pro Rata Share of Operating Costs paid by Tenant for the period in question. The obligations set forth in the preceding sentence will survive the Expiration Date or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement, Office Building Lease (HII Technologies, Inc.)

Final Partial Year. If the Term will expire or this Lease has been terminated prior to a final determination of the Tenant’s actual Pro Rata Share of Operating Costs, the amount of adjustment between Tenant’s estimated Pro Rata Share and Tenant’s actual Pro Rata Share of Operating Costs payable for the preceding calendar year and/or the final partial calendar year of the Term will be projected by the Landlord based upon the best data available to Landlord at the time of the estimate. Within thirty (30) days after receipt of a statement from Landlord Section Two Page 3 Landlord Initials: /s/ ONB Tenant Initials: /s/ JH setting forth Landlord’s projections, Tenant will pay to Landlord, or Landlord will pay to Tenant, as the case may be, the difference between Tenant’s projected actual Pro Rata Share of Operating Costs for the period in question and Tenant’s estimated Pro Rata Share of Operating Costs paid by Tenant for the period in question. The obligations set forth in the preceding sentence will survive the Expiration Date or earlier termination of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Fulgent Genetics, Inc.)

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Final Partial Year. If the Term will expire or this Lease has been terminated prior to a final determination of the Tenant’s 's's actual Pro Rata Share Sham of Operating Costs, the amount of adjustment between Tenant’s 's estimated Pro Rata Share and Tenant’s 's actual Pro Rata Share of Operating Costs payable for the preceding calendar year and/or the final partial calendar year of the Term will be projected by the Landlord based upon the best data available to Landlord at the time of the estimate. Within thirty (30) days after receipt of a statement from Landlord setting forth Landlord’s 's projections, Tenant will pay to Landlord, or Landlord will pay to Tenant, Tenant as the case may be, the difference between Tenant’s 's projected actual Pro Rata Share of Operating Costs for the period in question and Tenant’s 's estimated Pro Rata Rata. Share of Operating Costs paid by Tenant for the period in question. The obligations set forth in the preceding sentence will survive the Expiration Date or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Building Lease (Preferred Voice Inc)

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