Common use of MONTHLY PAYMENT OF TAXES AND OPERATING COSTS Clause in Contracts

MONTHLY PAYMENT OF TAXES AND OPERATING COSTS. At any time and from time to time, and subject to alter change, Landlord may elect to have Tenant pay Tenant’s share of Taxes and Operating Costs (or either of them) in equal monthly installments in advance on the first of each month, based on amounts reasonably estimated by Landlord (as revised from time to time). If these estimated monthly payments are required, after the end of each tax fiscal year. Lease Year or other relevant periods selected by Landlord, Landlord will deliver to Tenant a statement of the actual amounts due for the period. Any additional amounts due from Tenant will be payable as additional rent within thirty (30) days after receipt of Landlord’s statement, and any overpayment by Tenant will be refunded by Landlord or, at Tenant’s option, deducted from the next monthly installments of rent due from Tenant. At any time or from time to time, Landlord may deliver a xxxx to Tenant for Tenant’s share of Taxes and/or Operating Costs (or specified portions thereof) that have been billed to Landlord for a particular period, and Tenant will pay the amount due to Landlord as additional rent within thirty (30) days after receipt of Landlord’s xxxx. Tenant will receive a credit for any estimated monthly payments or other payments for such charges already paid by Tenant for the period covered by that xxxx.

Appears in 2 contracts

Samples: Lease (TransMedics Group, Inc.), Lease (TransMedics Group, Inc.)

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MONTHLY PAYMENT OF TAXES AND OPERATING COSTS. At any time and from time to time, and subject to alter changelater changes, Landlord may elect to have Tenant pay Tenant’s share of Taxes and Operating Costs (or either of them) in equal monthly installments in advance on the first of each month, based on amounts reasonably estimated by Landlord (as revised from time to time). If these estimated monthly payments are required, after the end of each tax fiscal year. , Lease Year or other relevant periods selected by Landlord, Landlord will deliver to Tenant a detailed statement of the actual amounts Operating Costs and Taxes incurred during such period and the amounts, if any, due for the period. Any additional amounts due from Tenant will be payable as additional rent within thirty (30) days after receipt delivery of Landlord’s statement, and any overpayment by Tenant will be promptly refunded by Landlord or, at TenantLandlord’s option, deducted from the next monthly installments of rent due from Tenant. At any time or from time to time, Landlord may deliver a xxxx to Tenant for Tenant’s share of Taxes and/or Operating Costs (or specified portions thereof) that have been billed to Landlord for a particular period, and Tenant will pay the amount due to Landlord as additional rent within thirty (30) days after receipt delivery of Landlord’s xxxx. Tenant will receive a credit for any estimated monthly payments or other payments for such charges already paid by Tenant for the period covered by that xxxx. Tenant shall have the right, on written notice to Landlord delivered to Landlord no later than one hundred eighty (180) days following Tenant’s receipt from Landlord of the year-end statement for Operating Costs or Taxes to have Landlord’s books and records relating to such costs for that year audited by an independent certified public accounting firm who is not compensated on a contingency basis. All books and records necessary to accomplish any audit permitted under this Section 8 shall be retained for a sufficient time to allow the audit to take place, and shall be made available to the person conducting the audit at the office that Landlord regularly maintains such books and records. Tenant shall pay for its costs of the audit, unless it is finally determined (either by the audit, or in the case of a dispute by arbitration) that Tenant’s share of Operating Costs or Taxes were overstated in the year audited by an amount in excess of 5% of the total operating expenses, in which case Landlord shall pay or reimburse Tenant for the reasonable costs of the audit, which cost shall not exceed ten percent (10%) of the amount of overstatement determined in accordance with this section. Landlord’s and Tenant’s rights and obligations under this Section 8 shall survive the end of the Term. Tenant’s right to have Landlord’s books and records relating to Operating Costs and Taxes audited shall be deemed forever waived and Landlord’s year-end statement shall be deemed conclusively correct as to both Landlord and Tenant if Tenant does not give Landlord written notice of the exercise of such audit rights within the one hundred eighty (180) day period described above. In the event of a dispute as to the findings of Tenant’s audit, it shall be settled by arbitration in accordance with the American Arbitration Association or such other organization mutually agreed to by the parties. Tenant agrees to keep strictly confidential the results of such audit and any claims, negotiations, proceedings or settlements with Landlord in connection therewith or in connection with Operating Costs, and shall cause its Affiliates to comply with the same requirements.

Appears in 2 contracts

Samples: Lease (Sige Semiconductor Inc), Lease (Sige Semiconductor Inc)

MONTHLY PAYMENT OF TAXES AND OPERATING COSTS. At any time and from time to time, and subject to alter later change, Landlord may elect to have Tenant pay Tenant’s share of Taxes and Operating Costs (or either of them) in equal monthly installments in advance on the first of each month, based on amounts reasonably estimated by Landlord (as revised from time to time). If these estimated monthly payments are required, after the end of each tax fiscal year. , Lease Year or other relevant periods selected by Landlord, Landlord will deliver to Tenant a statement of the actual amounts due for the period. Any additional amounts due from Tenant will be payable as additional rent within thirty (30) days after receipt of Landlord’s statement, and any overpayment by Tenant will be refunded by Landlord or, at Tenant’s option, deducted from the next monthly installments of rent due from Tenant. At any time or from time to time, Landlord may deliver a xxxx to Tenant for Tenant’s share of Taxes and/or Operating Costs (or specified portions thereof) that have been billed to Landlord for a particular period, and Tenant will pay the amount due to Landlord as additional rent within thirty (30) days after receipt of Landlord’s xxxx. Tenant will receive a credit for any estimated monthly payments or other payments for such charges already paid by Tenant for the period covered by that xxxx.

Appears in 2 contracts

Samples: Lease (Transmedics Inc), Lease (Transmedics Inc)

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MONTHLY PAYMENT OF TAXES AND OPERATING COSTS. At any time and from time to time, and subject to alter later change, Landlord may elect to have Tenant pay Tenant’s 's share of Taxes and Operating Costs (or either of them) in equal monthly installments in advance on the first of each month, based on amounts reasonably estimated by Landlord (as revised from time to time). If these estimated monthly payments are required, after the end of each tax fiscal year. , Lease Year or other relevant periods selected by Landlord, Landlord will deliver to Tenant a statement of the actual amounts due for the period. Any additional amounts due from Tenant will be payable as additional rent within thirty (30) days after receipt of Landlord’s 's statement, and any overpayment by Tenant will be refunded by Landlord or, at Tenant’s Landlord's option, deducted from the next monthly installments of rent due from Tenant. At any time or from time to time, Landlord may deliver a xxxx to Tenant for Tenant’s 's share of Taxes and/or Operating Costs (or specified portions thereof) that have been billed to Landlord for a particular period, and Tenant will pay the amount due to Landlord as additional rent within thirty (30) days after receipt of Landlord’s 's xxxx. Tenant will receive a credit for any estimated monthly payments or other payments for such charges already paid by Tenant for the period covered by that xxxx.

Appears in 1 contract

Samples: Lease (Applied Micro Circuits Corp)

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