Common use of Final Statement Clause in Contracts

Final Statement. As soon as practicable after the end of each Comparison Year (but in no event later than April 30 following the end of such Comparison Year), Landlord shall present Tenant with a final statement of actual Operating Expenses and Taxes for that Comparison Year and Landlord’s calculation of the Operating Expenses-Adjustment for that Comparison Year. Within thirty (30) days of presentation of the final statement, Tenant shall pay Landlord, as Additional Charges, any amount due for Tenant’s Share of Taxes and Operating Expenses. Any credit due Tenant for overpayment of Tenant’s Share of Taxes or Operating Expenses shall be credited against the monthly installments of Annual Base Rent next coming due (except that Landlord shall refund to Tenant the amount of any such credit for the final Comparison Year in the Lease Term which amount shall be paid to Tenant within thirty (30) days following the expiration of the Term or any applicable Renewal Term). Tenant shall have ninety (90) days after presentation of Landlord’s final statement of actual Taxes and Operating Expenses within which to object in writing to the accuracy of the statement; after expiration of said ninety (90) day period, Landlord’s statement shall be conclusive and binding on Tenant. Objection by Tenant shall not excuse or xxxxx Tenant’s obligation to make the payments required by this paragraph pending resolution to Tenant’s objection.

Final Statement. As soon as practicable after After the end of each Comparison Year (but including the Comparison Year in no event later than April 30 following which the end of such Comparison YearLease Term terminates), within ninety (90) days thereafter, Landlord shall present deliver to Tenant with a final statement ("Final Statement") of the actual Real Property Taxes and Operating Expenses and Taxes for that Comparison Year and Landlord’s calculation of the Operating Expenses-Adjustment for that such Comparison Year. Within ten (10) days of delivery of each Final Statement, Tenant shall pay Landlord the amount due for Tenant's Share of any increases in the Real Property Taxes and Operating Expenses. Tenant shall have thirty (30) days after delivery of presentation Landlord's Final Statement to object in writing to the accuracy of the final statementFinal Statement. If Tenant does not object within such thirty (30)-day period, Landlord's Final Statement shall be conclusive and binding on Tenant. Objections by Tenant shall pay Landlord, as Additional Charges, any amount due for not excuse or xxxxx Tenant’s Share 's obligation to make the payments required under this Section 7.5 (or under Section 7.4) pending the resolution of Taxes and Operating ExpensesTenant's objection. Any credit due Tenant for overpayment of Tenant’s 's Share of Taxes or any increases in the Operating Expenses shall be credited against the monthly installments of Annual Base Monthly Rent next coming due (except that Landlord shall refund to Tenant the amount of any such credit due. However, overpayments for the final Comparison Year in which the Lease Term which amount terminates shall be paid retained by Landlord to Tenant within thirty (30) days following increase the expiration of the Term or any applicable Renewal Term). Tenant shall have ninety (90) days after presentation of Landlord’s final statement of actual Taxes Security Deposit, and Operating Expenses within which to object in writing to the accuracy of the statement; after expiration of said ninety (90) day period, Landlord’s statement shall be conclusive and binding on Tenant. Objection by Tenant shall not excuse refunded, used, applied or xxxxx Tenant’s obligation to make the payments required by this paragraph pending resolution to Tenant’s objectionretained as set forth in Article 6.

Final Statement. As soon as practicable Within one hundred twenty (120) days after the end of each Comparison Year (but including the Comparison Year in no event later than April 30 following which the end of such Comparison Year)Lease Term terminates) or as soon thereafter as practicable, Landlord shall present deliver to Tenant with a final statement of the actual Operating Expenses and Taxes for that Comparison Year and Landlord’s calculation of the Operating Expenses-Adjustment for that such Comparison Year. Within thirty ten (3010) days of presentation delivery of the each final statement, Tenant shall pay Landlord, as Additional Charges, any Landlord the amount due for Tenant’s Share of Taxes and any excess of actual Operating Expenses over the amount paid by Tenant to Landlord on account of Landlord’s reasonable estimate of Operating Expenses. Any credit due Tenant for overpayment of Tenant’s Share of Taxes or Operating Expenses shall be credited against the monthly installments of Annual Base Rent next coming due (except that Landlord shall refund to Tenant the amount of any such credit for the final Comparison Year in the Lease Term which amount shall be paid to Tenant within have thirty (30) days following the expiration after delivery of the Term or any applicable Renewal Term). Tenant shall have ninety (90) days after presentation of Landlord’s Landlords’ final statement of actual Taxes and Operating Expenses within which to object in writing to the accuracy of the statement; after expiration of said ninety . If Tenant does not object within such thirty (9030) day period, Landlord’s final statement shall be conclusive and binding on Tenant. Objection Objections by Tenant shall not excuse or xxxxx Tenant’s obligation to make the payments required by under this paragraph Section 7.4 (or under Section 7.3) pending the resolution to of Tenant’s objection. Any credit due to Tenant for overpayment of Tenant’s Share of any increases in the Operating Expenses shall be credited against the installments of Monthly Rent next coming due. However, any overpayment for the Comparison Year in which the Lease Term terminates shall be retained by Landlord to increase the Security Deposit, and shall be refunded, used, applied or retained as set forth in Article 6 above.

Final Statement. As soon as practicable after After the end of each Comparison Year (but including ---------------- the Comparison Year in no event later than April 30 following which the end of such Comparison YearLease Term terminates), Landlord shall present deliver to Tenant with a final statement of the actual Operating Expenses and Taxes for that Comparison Year and Landlord’s calculation of the Operating Expenses-Adjustment for that such Comparison Year. Within thirty ten (3010) days of presentation delivery of the each final statement, Tenant shall pay Landlord, as Additional Charges, any Landlord the amount due for Tenant’s 's Share of Taxes and any excess of actual Operating Expenses over amount paid by Tenant to Landlord on account of Landlord's reasonable estimate of Operating Expenses. Any credit due Tenant for overpayment of Tenant’s Share of Taxes or Operating Expenses shall be credited against the monthly installments of Annual Base Rent next coming due (except that Landlord shall refund to Tenant the amount of any such credit for the final Comparison Year in the Lease Term which amount shall be paid to Tenant within have thirty (30) days following the expiration of the Term or any applicable Renewal Term). Tenant shall have ninety (90) days after presentation delivery of Landlord’s 's final statement of actual Taxes and Operating Expenses within which to object in writing to the accuracy of the statement; after expiration of said ninety . If Tenant does not object within such thirty (9030) day period, Landlord’s 's final statement shall be conclusive and binding on Tenant. Objection Objections by Tenant shall not excuse or xxxxx abate Tenant’s 's obligation to make the payments required under this Sxxxxxn 7.4 (or under Section 7.3) pending ----------- ----------- the resolution of Tenant's objection. Any credit due to Tenant for overpayment of Tenant's Share of any increases in the Operating Expenses shall be credited against the installments of Monthly Rent next coming due. However, any overpayment for the Comparison Year in which the Lease Term terminates shall be retained by this paragraph pending resolution Landlord to Tenant’s objection.increase the Security Deposit, and shall be refunded, used, applied or retained as set forth in Article 6 above. ---------