Landlord’s Statement. Each calendar year following the year in which the Commencement Date occurs, Landlord shall send Tenant a statement (“Landlord’s Statement”), setting forth: (i) the actual amount of the Operating Expenses incurred during the preceding calendar year, or portion thereof, and Tenant’s Proportionate Share of such actual Operating Expenses; (ii) the total amount of any payments of Tenant’s Proportionate Share of Operating Expenses received by Landlord during the preceding calendar year, or portion thereof, based on Landlord’s estimate (or the Projected Monthly Operating Expenses); (iii) any overpayment or underpayment of Tenant’s Proportionate Share of Operating Expenses for the preceding calendar year, or portion thereof; and (iv) Landlord’s estimate of the amount of the Operating Expenses and the monthly installment of Tenant’s Proportionate Share thereof for the calendar year in which the Landlord’s Statement is given. Landlord shall make a good faith effort to deliver Landlord’s Statement to Tenant by not later than March 15th of each calendar year; provided that any delay in delivery or Landlord’s failure to render Landlord’s Statement with respect to any period shall not eliminate or reduce Tenant’s obligation to pay Tenant’s Proportionate Share of the Operating Expenses and shall not prejudice Landlord’s right to render Landlord’s Statement with respect to any subsequent period.
Landlord’s Statement. Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant to Section 4.2.2 for such calendar year, as determined by Landlord (the "Landlord's Statement"). Such Landlord's Statement shall be binding upon Tenant, except as specifically provided in Section 4.4 below. If the amount of the actual Tax and Operating Expense Adjustment is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord within five (5) days of receipt of Landlord's Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the Statement shall act as a waiver of Landlord's right to increase in payment pursuant to the Tax and Operating Expense Adjustment.
Landlord’s Statement. Inspection of Records
Landlord’s Statement. Prior to the commencement of each calendar year (including the partial year commencing on the Commencement Date of this Lease), or as soon thereafter as possible, Landlord shall furnish to Tenant a statement (“Landlord’s Statement”) of Landlord’s estimate of the Real Property Taxes and Capital Improvement Amortization expected to be incurred during the calendar year, based on the amount of such Real Property Taxes and Capital Improvement Amortization in the prior calendar year (if any), adjusted for known changes which have or will occur in the Project, the rates charged by suppliers, or other circumstances affecting the amount of such Real Property Taxes or Capital Improvement Amortization during the calendar year in question, and showing the amount, if any, payable by Tenant as additional rent for such calendar year, or portion thereof, pursuant to Sections 4.3.2(b), 4.3.2(c), 4.3.2(d) and any other applicable provisions of this Lease, on the basis of such estimate. Commencing as of January 1st of each calendar year, Tenant shall pay to Landlord one-twelfth (1/12) of the amount of the additional rent estimated for Real Property Taxes and Capital Improvement Amortization, along with the monthly charge for Premises Operating Expenses, on each monthly rent payment date until further adjustment pursuant to this Section 4.3.
Landlord’s Statement. Lessor shall, within ten (10) days after receipt of written request from Lessee, execute a statement certifying (i) that, to Lessor's knowledge without any duty of inquiry or investigation, the Lease, as modified, if modified, is in full force and effect, and (ii) the date to which Base Rent has been paid in advance. EXHIBIT "A" THE PREMISES [ATTACHED] MAP
Landlord’s Statement. Landlord shall deliver to Tenant within one hundred twenty (120) days after the end of each calendar year during the Term a written statement (the “Statement”) setting out in reasonable detail Tenant’s Proportionate Share of the Common Area Maintenance Costs for such year certified to be correct by Landlord. If the aggregate of the monthly installments actually paid by Tenant to Landlord on account of the estimated Tenant’s Proportionate Share of the Common Area Maintenance Costs during any calendar year (the “Actual Payments”) differs from the amount of Tenant’s Proportionate Share of the Common Area Maintenance Costs payable according to the Statement (the “Obligated Payments”), Tenant shall:
(a) If the Obligated Payments shall exceed the Actual Payments, pay to Landlord, within thirty (30) days after the date of delivery of the Statement, an amount equal to such excess; or
(b) If the Actual Payments shall exceed the Obligated Payments, be granted a credit against the next installment of Tenant’s Proportionate share of the Common Area Maintenance Charges in an amount equal to such overpayment.
Landlord’s Statement. A written statement compiled by Landlord, at Landlord’s sole discretion, setting forth the Projections for the appropriate Calculation Year, and providing a calculation of the Rent Adjustment Deposit based on such Projections to become effective as of the first day of January of each calendar year.
Landlord’s Statement. Landlord represents and warrants to Tenant, to survive the expiration or sooner termination of the Lease, all of the following: (i) Landlord is duly authorized and empowered to enter into and perform the Lease, and no other party has a prior right to the Premises or any part thereof, (ii) Landlord is not aware of any unrecorded agreements which may be binding upon Tenant and which may affect the Premises, except those which shall be given by Landlord to Tenant within ten (10) days after the Effective Date, (iii) INTENTIONALLY OMITTED, (iv) it will not amend or enter into (or otherwise allow) any new covenants, restrictions, easements, agreements or encumbrances so as to prohibit Tenant's use or so as to materially adversely affect Tenant's rights or materially increase Tenant's obligations under the Lease; (v) INTENTIONALLY OMITTED, (vi) to the best of Landlord's knowledge, there is no pending or threatened condemnation or similar proceeding affecting the Premises or any portion thereof, (vii) except for a construction lien claim (app. $3,000) in favor of Waste Management (which if still unresolved at the end of the Inspection Period, Landlord shall then bond off), there are no legal actions, suits, or other legal or administrative proceedings pending or threatened, which affect the Premises, and Landlord is not aware of any facts which might result in any such action, suit or other proceedings, (viii) no portion of the Premises is affected by any special assessment, pending or certified, whether or not constituting a lien thereon, (ix) the Property Data delivered or to be delivered to Tenant, constitutes and shall constitute all of the information and data known or available to Landlord relating to the Premises and all aspects thereof, and (x) Landlord has delivered to Tenant a copy of that certain Dynatech Engineering Corp. report dated October 1, 1999, and if there are any other environmental reports in Landlord's possession, Landlord shall deliver them to Tenant within ten (10) days after the Effective Date. Landlord acknowledges that each of the representations contained in this paragraph separately constitutes a material inducement to Tenant in entering into the Lease, and any breach of any such representation shall entitle Tenant to cancel and terminate the Lease immediately upon notice of such breach to Landlord, and such right shall be cumulative with all other rights of Tenant.
Landlord’s Statement. At any time, and from time to time in connection with any proposed sale or financing by Tenant or in connection with the preparation of
Landlord’s Statement. To Landlord’s actual knowledge, without inquiry or investigation and based solely upon that certain Phase I Environmental Site Assessment dated October 1992 prepared by Professional Service Industries, Inc., Project No. H-582-24035, a copy of which Landlord has delivered to Tenant, no Hazardous Materials have been released or discharged in, on, under or from the Premises in violation of laws, statutes, ordinances, rules and regulations governing Hazardous Materials.
