Common use of LANDLORD’S COSTS ACCOUNTS AND SERVICE CHARGE ADJUSTMENTS Clause in Contracts

LANDLORD’S COSTS ACCOUNTS AND SERVICE CHARGE ADJUSTMENTS. 3.1 The Landlord will endeavour within four months after the end of each Service Charge Period to submit to the Tenant a statement duly certified by the Landlord the Landlord’s Surveyor or the Landlord’s managing agents (or audited by the Landlord’s auditors if the Landlord so decides) giving a proper summary of the Landlord’s Costs and the calculation of the Service Charge for the Service Charge Period just ended and the provisions in this Lease as to the giving of notices apply to the submission of the statement. 3.2 If the Service Charge as certified is less than the total of the advance payments (or the grossed up equivalent of such payments if made for any period of less than the Service Charge Period) then the Landlord will credit the balance against the next advance payment of Service Charge due from the Tenant or if the Term has ended will pay the balance due to the Tenant within 28 days after submission of the service charge statement to the Tenant. 3.3 If the Service Charge as certified is more than the total of the advance payments (or the grossed- up equivalent of such payments if made for any period of less than the Service Charge Period) then the Tenant will pay any sum due to the Landlord by way of adjustment within 14 days after the receipt of the Service Charge statement. 3.4 The Landlord shall permit the Tenant to inspect the vouchers and receipts for items included in the summary at paragraphs 3.1 of this Schedule 7 Part 1. 3.5 The provisions of this paragraph 3 will continue to apply after the expiry or earlier determination of this Lease in respect of any Service Charge Period then current. 3.6 Within 28 days after submission of a certified statement under paragraph 3.1 (time being of the essence) the Tenant may challenge it on the ground that it contains errors or is otherwise incorrectly drawn by giving to the Landlord notice to that effect but only if it has first made payment of the full amount due from the Tenant as shown on the statement and if so: (a) both parties must use reasonable endeavours to resolve the relevant issue but if they cannot do so: (i) the Dispute shall be referred to the Dispute Resolution Procedure; (ii) any adjustments to the statement required to be made in consequence of the determination of the Expert must be made and any sum due to or payable by the Landlord must immediately (within 14 days of written demand in the case of any sum due to the Landlord) be paid or allowed as appropriate; and (iii) Base Rate Interest must be paid or allowed in respect of the period during which the relevant amount has been underpaid or overpaid, but if not the Tenant’s right of challenge to that certified statement shall lapse.

Appears in 2 contracts

Samples: Lease Agreement (Orchard Rx LTD), Lease Agreement (Orchard Rx LTD)

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LANDLORD’S COSTS ACCOUNTS AND SERVICE CHARGE ADJUSTMENTS. 3.1 The Landlord will endeavour within four months shall as soon as may be practicable after the end of each Service Charge Period to service charge period submit to the Tenant a statement duly certified by the Landlord Landlord, the Landlord’s Surveyor Surveyor. or the Landlord’s managing agents (or audited by the Landlord’s auditors if the Landlord so decides) giving a proper summary of the Landlord’s Costs and the calculation of the Service Charge for the Service Charge Period service charge period just ended and the provisions in this Lease as to the giving of notices apply to the submission of the statement. 3.2 If if the Service Charge as certified is shall be more or less than the total of the advance payments (or the grossed grossed-up equivalent of such payments if made for any period of less than the Service Charge Periodservice charge period) then the Landlord will credit the balance against the next advance payment of Service Charge due from the Tenant or if the Term has ended will pay the balance due to the Tenant within 28 days after submission of the service charge statement to the Tenant. 3.3 If the Service Charge as certified is more than the total of the advance payments (or the grossed- up equivalent of such payments if made for any period of less than the Service Charge Period) then the Tenant will pay any sum due to or payable by the Landlord by way of adjustment within 14 days after the receipt in respect of the Service Charge statementshall forthwith become due and be paid or allowed as the case may be. 3.4 The Landlord shall permit the Tenant to inspect the vouchers and receipts for items included in the summary at paragraphs 3.1 of this Schedule 7 Part 1. 3.5 3.3 The provisions of this paragraph 3 will shall continue to apply after notwithstanding the expiry or earlier determination of this Lease in respect of any Service Charge Period service charge period then current. 3.6 Within 3.4 The Tenant may within 28 days after the submission of a certified statement under paragraph 3.1 (time being of the essence) the Tenant may challenge it on the ground that it contains errors or is otherwise incorrectly drawn by giving to the Landlord notice to that effect but only if it has first made payment of the full amount of any Service Charge that the statement shows as due from the Tenant as shown on the statement and if so: (a) both parties must use reasonable endeavours the Landlord and the Tenant shall endeavour to resolve the relevant issue but if they cannot do so:; (ib) the Dispute issue in dispute shall be referred to the Dispute Resolution Proceduredetermination of an independent expert and the provisions in this Lease relating to expert determination proceedings shall apply; (iic) any such adjustments to the statement as may be required to be made in consequence of the determination of the Expert must expert shall be made and any sum due to or payable by the Landlord must immediately (within 14 days of written demand in the case of any sum due to the Landlord) shall forthwith be paid or allowed as appropriate; andthe case may be; (iiid) Base Rate Interest must shall be paid or allowed in respect of the period during which the relevant amount has been underpaid or overpaid, ; but if not the Tenant’s right of challenge to that certified statement shall lapse. 3.5 The Tenant shall be entitled during the period of six months commencing on the submission of the statement under paragraph 3.1 to: (a) inspect the service charge invoices and vouchers of the Landlord at such location as the Landlord may reasonably appoint for the purpose during normal working hours on weekdays; and (b) at the Tenant’s expense take copies of them.

Appears in 1 contract

Samples: Lease (Babylon Holdings LTD)

LANDLORD’S COSTS ACCOUNTS AND SERVICE CHARGE ADJUSTMENTS. 3.1 The Landlord will endeavour within four months after the end of each Service Charge Period to submit to the Tenant a statement duly certified by the Landlord Landlord, the Landlord’s Surveyor or the Landlord’s managing agents (or audited by the Landlord’s auditors if the Landlord so decides) giving a proper summary of the Landlord’s Costs and the calculation of the Service Charge for the Service Charge Period just ended and the provisions in this Lease as to the giving of notices apply to the submission of the statement. 3.2 If the Service Charge as certified is less than the total of the advance payments (or the grossed grossed-up equivalent of such payments if made for any period of less than the Service Charge Period) then the Landlord will credit the balance against the next advance payment of Service Charge due from the Tenant or if the Term has ended ended, will pay the balance due to the Tenant within 28 14 days after submission of the service charge Service Charge statement to the Tenant. 3.3 If the Service Charge as certified is more than the total of the advance payments (or the grossed- grossed-up equivalent of such payments if made for any period of less than the Service Charge Period) then the Tenant will pay any sum due to the Landlord by way of adjustment within 14 days after the receipt of the Service Charge statement. 3.4 The Landlord shall permit the Tenant to inspect the vouchers and receipts for items included in the summary at paragraphs 3.1 of this Schedule 7 Part 1. 3.5 The provisions of this paragraph 3 will continue to apply after the expiry or earlier determination of this Lease in respect of any Service Charge Period then current. 3.6 3.5 Within 28 days after submission of a certified statement under paragraph 3.1 (time being of the essence) the Tenant may challenge it on the ground that it contains errors or is otherwise incorrectly drawn by giving to the Landlord notice to that effect but only if it has first made payment of the full amount due from the Tenant as shown on the statement and if so: (a) both parties must use reasonable endeavours endeavour to resolve the relevant issue but if they cannot do so:; (ib) the Dispute shall be referred to the Dispute Resolution Procedure; (iic) any adjustments to the statement required to be made in consequence of the determination of the Expert expert must be made and any sum due to or payable by the Landlord must immediately (within 14 days of written demand in the case of any sum due to the Landlord) be paid or allowed as appropriate; and (iiid) Base Rate Interest must be paid or allowed in respect of the period during which the relevant amount has been underpaid or overpaid, ; but if not the Tenant’s right of challenge to that certified statement shall lapse. 3.6 The Tenant may once during the period of three months commencing on the submission of the certified statement under paragraph 3.1: (a) inspect the Landlord’s Service Charge invoices and vouchers at such location as the Landlord reasonably appoints during normal working hours on weekdays; and (b) at the Tenant’s expense take copies of them.

Appears in 1 contract

Samples: Lease Agreement (FleetMatics Group PLC)

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LANDLORD’S COSTS ACCOUNTS AND SERVICE CHARGE ADJUSTMENTS. 3.1 The Landlord will endeavour within four months shall as soon as may be practicable after the end of each Service Charge Period to service charge period submit to the Tenant a statement duly certified by the Landlord Landlord, the Landlord’s Surveyor or the Landlord’s managing agents (or audited by the Landlord’s auditors if the Landlord so decides) giving a proper summary of the Landlord’s Costs and the calculation of the Service Charge for the Service Charge Period service charge period just ended and the provisions in this Lease as to the giving of notices apply to the submission of the statement. 3.2 If if the Service Charge as certified is shall be more or less than the total of the advance payments (or the grossed grossed-up equivalent of such payments if made for any period of less than the Service Charge Periodservice charge period) then the Landlord will credit the balance against the next advance payment of Service Charge due from the Tenant or if the Term has ended will pay the balance due to the Tenant within 28 days after submission of the service charge statement to the Tenant. 3.3 If the Service Charge as certified is more than the total of the advance payments (or the grossed- up equivalent of such payments if made for any period of less than the Service Charge Period) then the Tenant will pay any sum due to or payable by the Landlord by way of adjustment within 14 days after the receipt in respect of the Service Charge statementshall forthwith become due and be paid or allowed as the case may be. 3.4 The Landlord shall permit the Tenant to inspect the vouchers and receipts for items included in the summary at paragraphs 3.1 of this Schedule 7 Part 1. 3.5 3.3 The provisions of this paragraph 3 will shall continue to apply after notwithstanding the expiry or earlier determination of this Lease in respect of any Service Charge Period service charge period then current. 3.6 Within 3.4 The Tenant may within 28 days after the submission of a certified statement under paragraph 3.1 (time being of the essence) the Tenant may challenge it on the ground that it contains errors or is otherwise incorrectly drawn by giving to the Landlord notice to that effect but only if it has first made payment of the full amount of any Service Charge that the statement shows as due from the Tenant as shown on the statement and if so: (a) both parties must use reasonable endeavours the Landlord and the Tenant shall endeavour to resolve the relevant issue but if they cannot do so:; (ib) the Dispute issue in dispute shall be referred to the Dispute Resolution Proceduredetermination of an independent expert and the provisions in this Lease relating to expert determination proceedings shall apply; (iic) any such adjustments to the statement as may be required to be made in consequence of the determination of the Expert must expert shall be made and any sum due to or payable by the Landlord must immediately (within 14 days of written demand in the case of any sum due to the Landlord) shall forthwith be paid or allowed as appropriate; andthe case may be; (iiid) Base Rate Interest must shall be paid or allowed in respect of the period during which the relevant amount has been underpaid or overpaid, ; but if not the Tenant’s right of challenge to that certified statement shall lapse. 3.5 The Tenant shall be entitled during the period of six months commencing on the submission of the statement under paragraph 3.1 to: (a) inspect the service charge invoices and vouchers of the Landlord at such location as the Landlord may reasonably appoint for the purpose during normal working hours on weekdays; and (b) at the Tenant’s expense take copies of them.

Appears in 1 contract

Samples: Lease (Babylon Holdings LTD)

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