Common use of Monthly Payments of Additional Rent Clause in Contracts

Monthly Payments of Additional Rent. Landlord may from time to time estimate any amount(s) payable by Tenant pursuant to any provisions of this Lease for the then current or the next following Rental Year or, if applicable, any broken portion thereof and may notify Tenant in writing of the estimated amounts thus payable by Tenant. The amounts so estimated shall be payable by Tenant in advance in equal monthly installments over the Rental Year or broken portion thereof, such monthly installments being payable on the same day as the monthly payments of Basic Rent. Landlord may, from time to time, designate or alter the Rental year for which accounts shall be prepared covering the Building Operating Costs. Within Ninety (90) days following the expiration of each fiscal period, Landlord shall furnish to Tenant a statement of the actual expenses it has incurred which are the Tenant's responsibility for such Rental Year and shall make a final determination of the amounts payable by Tenant. If the amount determined to be payable by Tenant as aforesaid shall be greater or less than the payments on account thereof made by Tenant prior to the date of such determination, then the appropriate adjustments will be made and Tenant shall pay any deficiency to Landlord within thirty (30) days after delivery of such statement and final determination and if Tenant is not in default under the terms of the Lease, the amount of any overpayment shall be paid to or credited to the account of Tenant within thirty (30) days after the delivery of such statement. Landlord shall provide Tenant with copies of the invoices covering the expenses included in the statement of Building Operating Costs to be furnished annually to the Tenant.

Monthly Payments of Additional Rent. Landlord may from time to time by written notice to Tenant estimate or re-estimate any amount(s) payable by Tenant pursuant to any provisions Landlord hereunder including without limitation, amounts in respect of this Lease Operating Costs, Realty Taxes and utilities, for the then current or the next following Rental Year or, if applicable, any broken portion thereof and may notify Tenant fiscal period used by Landlord in writing respect of each of the estimated amounts thus said amounts. The fiscal period used by Landlord may correspond to a shorter period within any twelve month period where an item, for example Realty Taxes, is payable in full by TenantLandlord over such shorter period. The amounts so estimated shall be payable by Tenant in advance in equal monthly installments over the Rental Year or broken portion thereof, such monthly installments being payable fiscal period on the same day days as the monthly payments of Basic Rent. Landlord may, from time to time, designate or alter the Rental year for which accounts shall be prepared covering the Building Operating Costsfiscal period selected in each case. Within Ninety (90) days following As soon as practicable after the expiration of each fiscal periodFiscal Year, Landlord shall furnish to Tenant a statement of the actual expenses it has incurred which are the Tenant's responsibility for such Rental Year and shall make a final determination of the amounts payable by TenantTenant in respect of Operating Costs, Taxes, utilities and any other relevant provisions hereof for such Fiscal Year. If the amount determined to be payable by Tenant as aforesaid shall be greater or less than the payments on account thereof previously made by Tenant prior to the date of such determinationTenant, then the appropriate adjustments will be made and Tenant shall pay any deficiency to Landlord within thirty sixty (3060) days after delivery of such statement and final determination statement, and if Tenant is not in default under the terms of the Lease, the amount of any overpayment shall be paid to or credited to the account of Tenant within thirty sixty (3060) days after the delivery of such said statement. Landlord shall provide Tenant with copies access to its books and records for the purpose of conducting an audit to verify the accuracy of said statement. If the audit discloses a material discrepancy (i.e. in excess of five percent (5%)) in such statement to the prejudice of the invoices covering Tenant, then Tenant shall have the right to recover its costs and expenses included incurred in conducting the statement of Building Operating Costs to be furnished annually to the Tenantaudit.

Monthly Payments of Additional Rent. Landlord may from time to time by written notice to Tenant estimate or re-estimate any amount(s) payable by Tenant pursuant to any provisions Landlord hereunder including without limitation, amounts in respect of this Lease Operating Costs, Realty Taxes and utilities, for the then current or the next following Rental Fiscal Year, provided that the fiscal period used by Landlord in respect of any particular item may correspond to a shorter period within any Fiscal Year orwhere such item, if applicablefor example Realty Taxes, any broken portion thereof and may notify Tenant is payable in writing of the estimated amounts thus payable full by TenantLandlord over such shorter period. The amounts so estimated shall be payable by Tenant in advance in equal monthly installments instalments over the Rental Fiscal Year or broken portion thereof, such monthly installments being payable other fiscal period on the same day days as the monthly payments of Basic Rent. Landlord may, from time to time, designate or alter the Rental year for which accounts shall be prepared covering the Building Operating Costsfiscal period selected in each case. Within Ninety (90) days following As soon as practical after the expiration of each fiscal periodFiscal Year, Landlord shall furnish to Tenant an audited statement which sets out the total amount of Operating Costs and Realty Taxes for the Project, together with a statement (“Final Statement”) which sets out the Tenant’s Proportionate Share of Operating Costs, its share of Realty Taxes and the cost of its utilities and other charges that are payable by it under any other relevant provisions of this Lease for such Fiscal Year. Upon written request from Tenant (Tenant agreeing to act reasonably and in a bona fide manner in making a request), Landlord shall, at Tenant’s expense, provide Tenant with reasonable information within Landlord’s possession or control in order to assist Xxxxxx in substantiating Tenant’s Proportionate Share of Operating Costs and its share of Realty Taxes, provided that Tenant makes its request within sixty (60) days after delivery of the actual expenses it has incurred which are the Tenant's responsibility for such Rental Year and shall make a final determination of the amounts payable by TenantFinal Statement. If the amount determined to be payable by Tenant as aforesaid shall be greater or less than the payments on account thereof previously made by Tenant prior to the date Tenant, then within thirty (30) days after delivery of such determination, then Final Statement the appropriate adjustments will be made and Tenant shall pay any deficiency to Landlord within thirty (30) days after delivery of such statement and final determination and and, if Tenant is not in default under the terms of the this Lease, the amount of any overpayment shall be paid to Tenant or credited to the account of Tenant. Such Final Statement of Landlord shall be final and binding and Tenant shall have no right to dispute the accuracy or propriety of any amounts or calculations included therein, except to the extent that Tenant shall have, within thirty sixty (3060) days after the delivery of being given such statement. Landlord shall provide Tenant with copies of the invoices covering the expenses included in the statement of Building Operating Costs to be furnished annually Final Statement, demonstrated to the Tenantsatisfaction of Landlord any error in such Final Statement.

Monthly Payments of Additional Rent. Landlord may from time to time estimate any amount(s) payable by Tenant pursuant to any provisions of this Lease for the then current or the next following Rental Year or, if applicable, any broken portion thereof and may notify Tenant in writing of the estimated amounts thus payable by Tenant. The amounts so estimated shall be payable by Tenant in advance in equal monthly installments over the Rental Year or broken portion thereof, such monthly installments being payable on the same day as the monthly payments of Basic Rent. Landlord may, from time to time, designate or alter the Rental year Year for which accounts shall be prepared covering the Building Operating Costs. Within Ninety (90) days following As soon as practicable after the expiration of each fiscal period, Landlord shall furnish to Tenant a statement of the me actual expenses it has incurred which are the Tenant's responsibility for such Rental Year and shall make a final determination of the amounts payable by Tenant. If the amount determined to be payable by Tenant as aforesaid shall be greater or less than the payments on account thereof made by Tenant prior to the date of such determination, then the appropriate adjustments will be made and Tenant shall pay any deficiency to Landlord within thirty (30) days after delivery of such statement and final determination and if Tenant is not in default under the terms of the Lease, the amount of any overpayment Overpayment shall be paid to or credited to the account of Tenant within thirty (30) days after the delivery of such statement. Landlord shall shall, at Tenant's request, provide Tenant with copies of the invoices covering the expenses included in the statement of Building Operating Costs to be furnished annually to the Tenant.