Common use of Notice and Payment Clause in Contracts

Notice and Payment. Landlord shall, at or as soon as practicable after the start of each calendar year subsequent to the Base Year (but no later than April 30th), provide Tenant with a Statement (the “Statement”) of the amount of the Operating Cost Payment for the preceding calendar year, and the amount of any payment due from Tenant to Landlord or from Landlord to Tenant, taking into account any payments made by Tenant for such preceding calendar year Operating Cost Payment. In addition, Statement shall include an amount which Landlord estimates will be Tenant’s Operating Cost Payment for the current calendar year, and one-twelfth (1/12th) of the amount thereof shall be added to the monthly Base Rent payments required to be made by Tenant in such year. If the amounts Tenant has paid during the year towards the current year’s Operating Cost Payment is less than or exceeds the amount required using said one-twelfth (1/12th) addition to Base Rent starting with the first month of the calendar year covered by such statement, then within thirty (30) days after receipt of the Statement, Tenant shall pay in cash any sums owed Landlord or, if applicable, Tenant shall receive a credit against any rent next accruing for any sum owed Tenant. In no event will Tenant be entitled to receive the benefit of a reduction in Operating Costs below the Expense Stop costs. For any partial calendar year at the termination of this Lease, Tenant’s Share of any increases in Operating Costs for such year over the Expense Stop shall be prorated on the basis of a 365-day year by computing Tenant’s Share of the increases in Operating Costs for the entire year and then prorating such amount for the number of days this Lease was in effect during such year. Notwithstanding the expiration or termination of this Lease, and within thirty (30) days after Tenant’s receipt of Landlord’s statement regarding the determination of increases in Operating Costs for the calendar year in which this Lease expires or terminates, Tenant shall pay to Landlord or Landlord shall pay to Tenant, as the case may be, an amount equal to the difference between Tenant’s Share of the increases in Operating Costs for such year (as prorated) and the amount previously paid by Tenant toward such increases. This provision shall survive the expiration or sooner termination of this Lease provided that Landlord shall have no right to collect any deficiency in Tenant’s Operating Cost Payment more than three hundred sixty-five (365) days following the expiration or sooner termination of this Lease.

Notice and Payment. Landlord shallOn or before the first day of each calendar year during the term hereof subsequent to the Base Year, at or as soon as practicable after thereafter, Landlord shall give to Tenant written notice of Landlord’s estimate of the start of each Additional Rent, if any, payable by Tenant pursuant to Paragraphs 7.a. and 7.b. for such calendar year subsequent to the Base Year (but no later than April 30th)Year. Upon Tenant’s written request after receipt of such written notice, Landlord shall provide Tenant with a Statement (the “Statement”) detailed statement of the amount such estimate of the Operating Cost Payment Additional Rent for the preceding upcoming calendar year, which detailed statement shall be in form comparable to an Annual Statement Detail (as defined in Paragraph 7.f below) and the amount include a line-item breakdown of component costs and Landlord’s method of calculating of any payment due from Tenant so-called “gross-up” in estimating Operating Expenses pursuant to Landlord Paragraph 7.c above. On or from Landlord to Tenant, taking into account any payments made by Tenant for before the first day of each month during each such preceding calendar year Operating Cost Payment. In addition, Statement shall include an amount which Landlord estimates will be Tenant’s Operating Cost Payment for the current subsequent calendar year, and Tenant shall pay to Landlord one-twelfth (1/12th) of the amount thereof estimated Additional Rent; provided, however, that if Landlord’s notice is not given prior to the first day of any calendar year Tenant shall continue to pay Additional Rent on the basis of the prior year’s estimate until the month after Landlord’s notice is given. If at any time it appears to Landlord that the Additional Rent payable under Paragraphs 7.a. and/or 7.b. will vary from Landlord’s estimate by more than five percent (5%), Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be added to based upon the monthly Base Rent payments required to be made by Tenant in such yearrevised estimate. If the amounts Tenant has paid during the year towards the current year’s Operating Cost Payment is less than or exceeds the amount required using said one-twelfth (1/12th) addition to Base Rent starting with On the first month of the calendar year covered by such statementmonthly payment date after any new estimate is delivered to Tenant, then within which is at least thirty (30) days after receipt following Landlord’s delivery of the Statementsuch revised estimate, Tenant shall also pay in cash any sums owed Landlord oraccrued cost increases, if applicable, Tenant shall receive a credit against any rent next accruing for any sum owed Tenant. In no event will Tenant be entitled to receive the benefit of a reduction in Operating Costs below the Expense Stop costs. For any partial calendar year at the termination of this Lease, Tenant’s Share of any increases in Operating Costs for based on such year over the Expense Stop shall be prorated on the basis of a 365-day year by computing Tenant’s Share of the increases in Operating Costs for the entire year and then prorating such amount for the number of days this Lease was in effect during such year. Notwithstanding the expiration or termination of this Lease, and within thirty (30) days after Tenant’s receipt of Landlord’s statement regarding the determination of increases in Operating Costs for the calendar year in which this Lease expires or terminates, Tenant shall pay to Landlord or Landlord shall pay to Tenant, as the case may be, an amount equal to the difference between Tenant’s Share of the increases in Operating Costs for such year (as prorated) and the amount previously paid by Tenant toward such increases. This provision shall survive the expiration or sooner termination of this Lease provided that Landlord shall have no right to collect any deficiency in Tenant’s Operating Cost Payment more than three hundred sixty-five (365) days following the expiration or sooner termination of this Leasenew estimate.

Notice and Payment. Landlord shall, at or as As soon as practicable reasonably practical after the start end of each calendar year subsequent to following the Base Year (but no later than April 30th)Year, provide Landlord shall furnish Tenant with a Statement (the “Statement”) of the amount of written statement showing in reasonable detail the Operating Cost Payment Costs for the preceding calendar year, and the amount of any payment due from Tenant to Landlord or from Landlord to Tenant, taking into account any payments prior Operating Cost Payments made by Tenant for such preceding calendar year. Tenant shall have one hundred eighty (180) days after receipt of Landlord's statement to notify Landlord of any objections it has to such statement, or of its intention to review supporting Please Initial Tenant ( ) Landlord ( ) documentation for such statement. If Tenant does not so notify Landlord, such statement shall conclusively be deemed correct and Tenant shall have no right thereafter to dispute or review support for such statement, any item therein, or the computation of Operating Costs. If Tenant does so notify the Landlord within the one hundred eighty (180) day period, Tenant shall have one (1) year from the date of receipt of Landlord's statement to complete its review of the supporting documentation and notify Landlord of all objections, if any, to such statement. After this one (1) year period, it will be assumed that Landlord has been notified of all objections by Tenant to Landlord's statement and that no further review of supporting documentation is necessary. If there are no objections, Tenant shall have no further rights thereafter to dispute such statement, any item therein, or the computation of Operating Costs. Any notifications to Landlord will be done in accordance with Paragraph 25.14. Coincidentally with the monthly Base Rent next due following Tenant's receipt of such statement, Tenant shall pay to Landlord (in the case of an underpayment) or Landlord shall credit against the next Base Rent due from Tenant (in the case of an overpayment) the difference between (i) Tenant's Share of any excess of Operating Costs for the preceding calendar year over the Expense Stop (the "Prior Year's Increase"), and (ii) the Operating Cost PaymentPayments made by Tenant for such preceding calendar year. In addition, Statement Tenant shall include pay to Landlord coincidentally with such next due Base Rent an amount which Landlord estimates will be Tenant’s Operating Cost Payment for equal to (A) one-twelfth (1/12) of the Prior Year's Increase, if any, multiplied by (B) the number of months or partial months (including the then current month) then elapsed in the current calendar year, and less (C) the aggregate of any Operating Cost Payments made by Tenant for such current calendar year. Monthly thereafter until adjustment is made the following year pursuant to this paragraph, Tenant shall pay together with the monthly Base Rent one-twelfth (1/12th1/12) of the amount thereof shall be added to the monthly Base Rent payments required to be made by Tenant in any such year. If the amounts Tenant has paid during the year towards the current year’s Operating Cost Payment is less than or exceeds the amount required using said one-twelfth (1/12th) addition to Base Rent starting with the first month of the calendar year covered by such statement, then within thirty (30) days after receipt of the Statement, Tenant shall pay in cash any sums owed Landlord or, if applicable, Tenant shall receive a credit against any rent next accruing for any sum owed TenantPrior Year's Increase. In no event will Tenant be entitled to receive the benefit of a reduction in Operating Costs below the Expense Stop costsStop. For any partial calendar year at the termination of this Lease, Tenant’s 's Share of any increases in Operating Costs for such year over the Expense Stop shall be prorated on the basis of a 365-day year by computing Tenant’s 's Share of the increases in Operating Costs for the entire year and then prorating such amount for the number of days this Lease was in effect during such year. Notwithstanding the expiration or termination of this Lease, and within thirty ten (3010) days after Tenant’s 's receipt of Landlord’s 's statement regarding the determination of increases in Operating Costs for the calendar year in which this Lease expires or terminates, Tenant shall pay to Landlord or Landlord shall pay to Tenant, as the case may be, an amount equal Please Initial Tenant ( ) Landlord ( ) to the difference between Tenant’s 's Share of the increases in Operating operating Costs for such year (as prorated) and the amount previously paid by Tenant toward such increases. This provision shall survive the expiration or sooner termination of this Lease provided that Landlord shall have no right to collect any deficiency in Tenant’s Operating Cost Payment more than three hundred sixty-five (365) days following the expiration or sooner termination of this Lease.

Notice and Payment. Landlord shall, at or as As soon as practicable reasonably practical after the start end of each calendar year subsequent to following the Base Year (but no later than April 30th)Year, provide Landlord shall furnish Tenant with a Statement (written statement showing in reasonable detail the “Statement”) of the amount of the Operating Cost Payment operating Costs for the preceding calendar year, and the amount of any payment due from Tenant to Landlord or from Landlord to Tenant, taking into account any payments prior operating Cost Payments made by Tenant for such preceding calendar year. Tenant shall have one hundred eighty (180) days after receipt of Landlord's statement to notify Landlord of any objections they have to such statement, or of their intention to review supporting documentation for such statement. If Tenant does not so notify Landlord, such statement shall conclusively be deemed correct and Tenant shall have no right thereafter to dispute or review support for such statement any item therein, or the computation of Operating costs. If Tenant does so notify the Landlord within the one hundred eighty (180) day period, Tenant shall have one (1) year from the date of receipt of Landlord's statement to complete their review of the supporting documentation and notify landlord of all objections, if any, to such statement. After this one (1) year period, it will be assumed that Landlord has been notified of all objections by Tenant to Landlord's statement and that no further review of supporting documentation is necessary. If there are no objections, Tenant shall have no further rights thereafter to dispute such statement any item therein, or the computation of Operating Cost PaymentCosts. Any notifications to Landlord will be done in accordance with Paragraph 25.14. Coincidentally with the monthly Base Rent next due following Tenant's receipt of such statement, Tenant shall pay to Landlord (in the case of an underpayment) or Landlord shall credit against the next Base Rent due from Tenant (in the case of an overpayment) the difference between (i) Tenant's Share of any excess of operating Costs for the preceding calendar year over the Expense Stop (the "Prior Year's Increase") and (ii) the Operating cost Payments made by Tenant for such preceding calendar year. In addition, Statement Tenant shall include pay to Landlord coincidentally with such next due Bass Rent an amount which Landlord estimates will be Tenant’s Operating Cost Payment for equal to (A) one-twelfth (1/12) of the prior Year's Increase, it any, multiplied by (B) the number of months or partial months (including the then current month) then elapsed in the current calendar year, and less (C) the aggregate of any operating Cost Payments made by Tenant for such current calendar year. Monthly thereafter until adjustment is made the following year pursuant to this paragraph, Tenant shall pay together with the monthly Base Rent one-twelfth (1/12th1/12) of the amount thereof shall be added to the monthly Base Rent payments required to be made by Tenant in any such year. If the amounts Tenant has paid during the year towards the current year’s Operating Cost Payment is less than or exceeds the amount required using said one-twelfth (1/12th) addition to Base Rent starting with the first month of the calendar year covered by such statement, then within thirty (30) days after receipt of the Statement, Tenant shall pay in cash any sums owed Landlord or, if applicable, Tenant shall receive a credit against any rent next accruing for any sum owed TenantPrior Year's Increase. In no event will Tenant be entitled to receive the benefit of a reduction in Operating operating Costs below the Expense Stop costsStop. For any partial calendar year at the termination of this Lease, Tenant’s 's Share of any increases in Operating Costs for such year over the Expense Stop shall be prorated on the basis of a 365-day year by computing Tenant’s 's Share of the increases in Operating Costs for the entire year and then prorating such amount for the number of days this Lease was in effect during such year. Notwithstanding the expiration or termination of this Lease, and within thirty ten (3010) days after Tenant’s 's receipt of Landlord’s 's statement regarding the determination of increases in Operating Costs for the calendar year in which this Lease expires or terminates, Tenant shall pay to Landlord or Landlord shall pay to Tenant, as the case may be,, an amount equal to the difference between Tenant’s 's Share of the increases in Operating Costs for such year (as prorated) and the amount previously paid by Tenant toward such increases. This provision shall survive the expiration or sooner termination of this Lease provided that Landlord shall have no right to collect any deficiency in Tenant’s Operating Cost Payment more than three hundred sixty-five (365) days following the expiration or sooner termination of this Lease.

Notice and Payment. Landlord shall, at or as soon as practicable after the start of each calendar year subsequent to the Base Year (but no later than April 30th), provide Tenant with a Statement (the “Statement”) of the amount of the Operating Cost Payment for the preceding calendar year, and the amount of any payment due from Tenant to Landlord or from Landlord to Tenant, taking into account any payments made by Tenant for such preceding calendar year Operating Cost Payment. In addition, Statement shall include an amount which Landlord estimates will be Tenant’s Operating Cost Payment for the current calendar year, and one-twelfth (1/12th) of the amount thereof shall be added to the monthly Base Rent payments required to be made by Tenant in such year. If the amounts Tenant has paid during the year towards the current year’s Operating Cost Payment is less than or exceeds the amount required using said one-twelfth (1/12th) addition to Base Rent starting with the first month of the calendar year covered by such statement, then within thirty (30) days after receipt of the Statement, Tenant shall pay in cash any sums owed Landlord or, if applicable, Tenant shall receive a credit against any rent next accruing for any sum owed Tenant. In no event will Tenant be entitled to receive the benefit of a reduction in Operating Costs below the Expense Stop costsStop. For any partial calendar year at the termination of this Lease, Tenant’s Share of any increases in Operating Costs for such year over the Expense Stop shall be prorated on the basis of a 365-day year by computing Tenant’s Share of the increases in Operating Costs for the entire year and then prorating such amount for the number of days this Lease was in effect during such year. Notwithstanding the expiration or termination of this Lease, and within thirty (30) days after Tenant’s receipt of Landlord’s statement regarding the determination of increases in Operating Costs for the calendar year in which this Lease expires or terminates, Tenant shall pay to Landlord or Landlord shall pay to Tenant, as the case may be, an amount equal to the difference between Tenant’s Share of the increases in Operating Costs for such year (as prorated) and the amount previously paid by Tenant toward such increases. This provision shall survive the expiration or sooner termination of this Lease provided that Landlord shall have no right to collect any deficiency in Tenant’s Operating Cost Payment more than three hundred sixty-five (365) days following the expiration or sooner termination of this Lease.

Notice and Payment. As close as reasonably possible to the end of each calendar year, Landlord shall, at or as soon as practicable after shall notify Tenant of any increases in Operating Costs and Taxes over Base Operating Costs and Taxes estimated by Landlord for the start following calendar year. Commencing on the first day of January of each calendar year subsequent to and on the Base Year (but no later than April 30th), provide Tenant with a Statement (the “Statement”) first day of the amount of the Operating Cost Payment for the preceding calendar every month thereafter in such year, and the amount of any payment due from Tenant shall pay to Landlord or from Landlord to TenantLandlord, taking into account any payments made by Tenant for such preceding calendar year Operating Cost Payment. In additionas Additional Rent, Statement shall include an amount which Landlord estimates will be Tenant’s Operating Cost Payment for the current calendar year, and one-one twelfth (1/12th) of Tenant's Share of increases in Operating Costs and Taxes as reasonably estimated by Landlord. If at any time during any such calendar year, it appears that Operating Costs or Taxes for such year will vary from Landlord's estimate, Landlord may, by written notice to Tenant, revise its estimate for such year and the amount thereof shall be added to the monthly Base Additional Rent payments required by Tenant for such year shall thereafter be based upon such revised estimate. As soon as possible after each calendar year for which Tenant has made estimated payments or is liable for increases in Operating Costs and Taxes, Landlord shall furnish Tenant a statement with respect to be such year, certified by Landlord's controller, showing Gross Operating Costs and Gross Taxes, Operating Costs and Taxes, the increase in Operating Costs and Taxes in excess of Base Operating Costs and Taxes, Tenant's Share of such increase, and the total payments made by Tenant in on the basis of any previous estimate of such yearincreases. If the amounts Unless Tenant has paid during the raises any objections to Landlord's statement within one (1) year towards the current year’s Operating Cost Payment is less than or exceeds the amount required using said one-twelfth (1/12th) addition to Base Rent starting with the first month of the calendar year covered by such statement, then within thirty (30) days after receipt of the Statementsame .(except for fraud), such statement shall conclusively be deemed correct and Tenant shall have no right thereafter to dispute such statement or any item therein or the computation of increases of in Operating Costs or Taxes. If Tenant does object to such statement, Landlord shall provide Tenant with reasonable verification of the figures shown on the statement and the parties agree to negotiate in good faith to resolve any disputes. Any amounts due Landlord or Tenant shall be paid in the manner set forth below. Any objection of Tenant to Landlord's statement and resolution of any dispute shall not postpone the time for payment of any amounts due Tenant or Landlord based on Landlord's statement, nor shall any failure of Landlord to deliver Landlord's statement in a timely manner relieve Tenant of its obligation to pay any amounts due Landlord based on Landlord's statement. If Tenant's Share for the year as finally determined exceeds the total payments made by Tenant based on Landlord's estimates, Tenant shall pay in cash any sums owed Landlord or, if applicable, the deficiency within ten (10) days of Tenant's receipt of Landlord's statement. If the total payments made by Tenant shall receive a credit against any rent next accruing for any sum owed Tenant. In no event will Tenant be entitled to receive based on Landlord's estimate of the benefit of a reduction increases in Operating Costs below and Taxes exceed Tenant's Share of the Expense Stop costsincreases, as determined by Landlord, Tenant's excess payment shall be credited toward future payments by Tenant of Rent or estimated increases in Operating Costs and Taxes and if no future payments are due, payable to Tenant within ten (10) days. For any partial calendar year at the commencement or termination of this Lease, Tenant’s 's Share of any increases in Operating Costs and Taxes over Base Operating Costs and Taxes for such year over the Expense Stop shall be prorated on the basis of a 365-day year by computing Tenant’s 's Share of the increases in Operating Costs and Taxes for the entire year and then prorating such amount for the number of days the term of this Lease was in effect during such year. Notwithstanding the expiration or termination of this Lease, and within thirty ten (3010) days after of Tenant’s 's receipt of Landlord’s 's statement regarding the determination of increases in Operating Costs and Taxes for the calendar year in which this Lease expires or terminates, Tenant shall pay to Landlord or Landlord shall pay to Tenant, as the case may be, an amount equal to the difference between Tenant’s 's Share (as prorated) of the increases in Operating Costs and Taxes for such year (year, as prorated) finally determined by Landlord, and the amount previously paid by Tenant toward such increases. This provision shall survive the expiration or sooner termination of this Lease provided that Landlord shall have no right to collect any deficiency in Tenant’s Operating Cost Payment more than three hundred sixty-five (365) days following the expiration or sooner termination of this Lease.

Notice and Payment. Landlord shall, at or as As soon as practicable reasonably practical after the start end of each calendar year subsequent to following the Base Year (but no later than April 30th)Year, provide Landlord shall furnish Tenant with a Statement (the “Statement”) of the amount of written statement showing in reasonable detail the Operating Cost Payment Costs for the preceding calendar year, and the amount of any payment due from Tenant to Landlord or from Landlord to Tenant, taking into account any payments pxxxx Operating Cost Payments made by Tenant for such preceding calendar year. Tenant shall have one hundred eighty (180) days after receipt of Landlord’s statement to notify Landlord of any objections they have to such statement, or of their intention to review supporting documentation for such statement. If Tenant does not so notify Landlord, such statement shall conclusively be deemed correct and Tenant shall have no right thereafter to dispute or review support for such statement, any item therein, or the computation of Operating Costs. If Tenant does so notify the Landlord within the one hundred eighty (180) day period, Tenant shall have one (1) year from the date of receipt of Landlord’s statement to complete their review of the supporting documentation and notify Landlord of all objections, if any, to such statement. Landlord and Txxxxx hereby agree that Txxxxx will submit in writing to Landlord on or before the end of said one (1) year period, all objections to Landlord’s statement, and Txxxxx’s only rights after said one (1) year period shall be nonreversible removals or reductions of the said objections submitted to Landlord. Landlord and Txxxxx hereby agree that after said one (1) year period, Txxxxx has no further rights to review any supporting documentation to Landlord’s statement. Any notifications to Landlord will be done in accordance with Paragraph 25.14. Coincidentally with the monthly Base Rent next due following Tenant’s receipt of such statement, Tenant shall pay to Landlord (in the case of an underpayment) or Landlord shall credit against the next Base Rent due from Tenant (in the case of an overpayment) the difference between (i) Tenant’s Share of any excess of Operating Costs for the preceding calendar year over the Expense Stop (the “Prior Year’s Increase”), and (ii) the Operating Cost PaymentPayments made by Tenant for such preceding calendar year. In addition, Statement Tenant shall include pay to Landlord coincidentally with such next due Base Rent an amount which Landlord estimates will be Tenantequal to (A) one-twelfth (112th) of the Prior Year’s Operating Cost Payment for Increase, if any, multiplied by (B) the number of months or partial months (including the then current month) then elapsed in the current calendar year, and less (C) the aggregate of any Operating Cost Payments made by Tenant for such current calendar year. Monthly thereafter until adjustment is made the following year pursuant to this paragraph, Tenant shall pay together with the monthly Base Rent one-twelfth (1/12th1/12) of the amount thereof shall be added to the monthly Base Rent payments required to be made by Tenant in any such year. If the amounts Tenant has paid during the year towards the current yearPrior Year’s Operating Cost Payment is less than or exceeds the amount required using said one-twelfth (1/12th) addition to Base Rent starting with the first month of the calendar year covered by such statement, then within thirty (30) days after receipt of the Statement, Tenant shall pay in cash any sums owed Landlord or, if applicable, Tenant shall receive a credit against any rent next accruing for any sum owed TenantIncrease. In no event will Tenant be entitled to receive the benefit of a reduction in Operating Costs below the Expense Stop costsStop. For any partial calendar year at the termination of this Lease, TenantTxxxxx’s Share of any increases in Operating Costs for such year over the Expense Stop shall be prorated on the basis of a 365-day year by computing Tenant’s Share of the increases in Operating Costs for the entire year and then prorating such amount for the number of days this Lease was in effect during such year. Notwithstanding the expiration or termination of this Lease, and within thirty ten (3010) days after TenantTxxxxx’s receipt of Landlord’s statement regarding the determination of increases in Operating Costs for the calendar year in which this Lease expires or terminates, Tenant shall pay to Landlord or Landlord shall pay to Tenant, as the case may behe, an amount equal to the difference between TenantTxxxxx’s Share of the increases in Operating Costs for such year (as prorated) and the amount previously paid by Tenant toward such increases. This provision shall survive the expiration or sooner termination of this Lease provided that Landlord shall have no right to collect any deficiency in Tenant’s Operating Cost Payment more than three hundred sixty-five (365) days following the expiration or sooner termination of this Lease.

Notice and Payment. Landlord shall, at or as As soon as practicable reasonably practical after the start end of each calendar year subsequent to following the Base Year (but no later than April 30th)Year, provide Landlord shall furnish Tenant with a Statement (the “Statement”) of the amount of written statement showing in reasonable detail the Operating Cost Payment Costs for the preceding calendar year, and the amount of any payment due from Tenant to Landlord or from Landlord to Tenant, taking into account any payments prior Operating Cost Payments made by Tenant for such preceding calendar year. Tenant shall have one hundred eighty (180) days after receipt of Landlord’s statement to notify Landlord of any objections they have to such statement, or of their intention to review supporting documentation for such statement. If Tenant does not so notify Landlord, such statement shall conclusively be deemed correct and Tenant shall have no right thereafter to dispute or review support for such statement, any item therein, or the computation of Operating Costs. If Tenant does so notify the Landlord within the one hundred eighty (180) day period, Tenant shall have two (2) months from the date of notification to Landlord to complete their review of the supporting documentation and notify Landlord of all objections, if any, to such statement. Landlord and Xxxxxx hereby agree that Xxxxxx will submit in writing to Landlord on or before the end of said two (2) month period, all objections to Landlord’s statement, and Xxxxxx’s only rights after said two (2) month period shall be nonreversible removals or reductions of the said objections submitted to Landlord. Landlord and Xxxxxx hereby agree that after said two (2) month period, Xxxxxx has no further rights to review any supporting documentation unrelated to the objections submitted. Any notifications to Landlord will be done in accordance with Paragraph 25.14. Coincidentally with the monthly Base Rent next due following Tenant’s receipt of such statement, Tenant shall pay to Landlord (in the case of an underpayment) or Landlord shall credit against the next Base Rent due from Tenant (in the case of an overpayment) the difference between (i) Tenant’s Share of any excess of Operating Costs for the preceding calendar year over the Expense Stop (the “Prior Year’s Increase”), and (ii) the Operating Cost PaymentPayments made by Tenant for such preceding calendar year. In addition, Statement Tenant shall include pay to Landlord coincidentally with such next due Base Rent an amount which Landlord estimates will be Tenantequal to (A) one-twelfth (1/12) of the Prior Year’s Operating Cost Payment for Increase, if any, multiplied by (B) the number of months or partial months (including the then current month) then elapsed in the current calendar year, and less (C) the aggregate of any Operating Cost Payments made by Tenant for such current calendar year. Monthly thereafter until adjustment is made the following year pursuant to this paragraph, Tenant shall pay together with the monthly Base Rent one-twelfth (1/12th1/12) of the amount thereof shall be added to the monthly Base Rent payments required to be made by Tenant in any such year. If the amounts Tenant has paid during the year towards the current yearPrior Year’s Operating Cost Payment is less than or exceeds the amount required using said one-twelfth (1/12th) addition to Base Rent starting with the first month of the calendar year covered by such statement, then within thirty (30) days after receipt of the Statement, Tenant shall pay in cash any sums owed Landlord or, if applicable, Tenant shall receive a credit against any rent next accruing for any sum owed TenantIncrease. In no event will Tenant be entitled to receive the benefit of a reduction in Operating Costs below the Expense Stop costsStop. For any partial calendar year at the termination of this Lease, TenantXxxxxx’s Share of any increases in Operating Costs for such year over the Expense Stop shall be prorated on the basis of a 365-day year by computing TenantXxxxxx’s Share of the increases in Operating Costs for the entire year and then prorating such amount for the number of days this Lease was in effect during such year. Notwithstanding the expiration or termination of this Lease, and within thirty ten (3010) days after TenantXxxxxx’s receipt of Landlord’s statement regarding the determination of increases in Operating Costs for the calendar year in which this Lease expires or terminates, Tenant shall pay to Landlord or Landlord shall pay to Tenant, as the case may be, an amount equal to the difference between Tenant’s Share of the increases in Operating Costs for such year (as prorated) and the amount previously paid by Tenant toward such increases. This provision shall survive the expiration or sooner termination of this Lease provided that Landlord shall have no right to collect any deficiency in Tenant’s Operating Cost Payment more than three hundred sixty-five (365) days following the expiration or sooner termination of this Lease.

Notice and Payment. Landlord shallOn or about the Retail Premises Rent Commencement Date, at or as soon as practicable after thereafter, Landlord shall give to Tenant notice of Landlord's reasonable estimate of the start Additional Rent, if any, payable by Tenant with respect to the Retail Premises pursuant to Paragraphs 7.a. and 7.b. for such then current calendar year and, if different, the Base Year. On or before the first day of each calendar year during the term hereof subsequent to the Base Year, or as soon as practicable thereafter, Landlord shall give to Tenant notice of Landlord's reasonable estimate of the Additional Rent, if any, payable by Tenant with respect to the Retail Premises and the Office Premises pursuant to Paragraphs 7.a. and 7.b. for such calendar year subsequent to the Base Year (but no later than April 30th)Year. On or before the first day of each month during each such calendar year for which Landlord has given any such notice, provide Tenant with a Statement (the “Statement”) of the amount of the Operating Cost Payment for the preceding calendar year, and the amount of any payment due from Tenant shall pay to Landlord or from Landlord to Tenant, taking into account any payments made by Tenant for such preceding calendar year Operating Cost Payment. In addition, Statement shall include an amount which Landlord estimates will be Tenant’s Operating Cost Payment for the current calendar year, and oneoxx-twelfth xxxxxth (1/12th) of the amount thereof shall be added estimated Additional Rent; provided, however, that if Landlord's notice is not given prior to the monthly Base first day of any calendax xxxx Xenant shall continue to pay Additional Rent payments required on the basis of the prior year's estimate until the month after Landlord's notice is given. If at any time it reasonably appears xx Xxxdlord that the Additional Rent payable under Paragraphs 7.a. and/or 7.b. will vary from Landlord's estimate by more than five percent (5%), Landlord may, by written notice to be made by Tenant in Tenant, reasonably revise its estimate for such year. If the amounts Tenant has paid during the year towards the current year’s Operating Cost Payment is less , and commencing no earlier than or exceeds the amount required using said one-twelfth (1/12th) addition to Base Rent starting with the first month of the calendar year covered by such statement, then within thirty (30) days after receipt of the Statement, Tenant shall pay in cash any sums owed Landlord or, if applicable, Tenant shall receive a credit against any rent next accruing for any sum owed such revised estimate is delivered to Tenant. In no event will Tenant be entitled to receive the benefit of a reduction in Operating Costs below the Expense Stop costs. For any partial calendar year at the termination of this Lease, Tenant’s Share of any increases in Operating Costs 's subsequent payments for such year over the Expense Stop shall be prorated on based upon the basis of a 365-day year by computing Tenant’s Share of revised reasonable estimate. On the increases in Operating Costs for the entire year and then prorating such amount for the number of days this Lease was in effect during such year. Notwithstanding the expiration or termination of this Lease, and within first monthly payment date that is no less than thirty (30) days after Tenant’s receipt of Landlord’s statement regarding the determination of increases in Operating Costs for the calendar year in which any new (or initial) estimate is delivered to Tenant pursuant to this Lease expires or terminatesParagraph 7.e., Tenant shall also pay to Landlord any accrued cost increases, based on such new (or Landlord shall pay to Tenant, as the case may be, an amount equal to the difference between Tenant’s Share of the increases in Operating Costs for such year (as proratedinitial) and the amount previously paid by Tenant toward such increases. This provision shall survive the expiration or sooner termination of this Lease provided that Landlord shall have no right to collect any deficiency in Tenant’s Operating Cost Payment more than three hundred sixty-five (365) days following the expiration or sooner termination of this Leaseestimate.

Notice and Payment. Landlord shall, at or as As soon as practicable reasonably practical after the start end of each calendar year subsequent to following the Base Year (but no later than April 30th)Year, provide Landlord shall furnish Tenant with a Statement (the “Statement”) of the amount of written statement showing in reasonable detail the Operating Cost Payment Costs for the preceding calendar year, but no later than one hundred twenty (120) days and the amount of any payment due from Tenant to Landlord or from Landlord to Tenant, taking into account any payments prior Operating Cost Payments made by Tenant for such preceding calendar year. Tenant shall have one hundred eighty (180) days after receipt of Landlord’s statement to notify Landlord of any objections they have to such statement, or of their intention to review supporting documentation for such statement. If Tenant does not so notify Landlord, such statement shall conclusively be deemed correct and Tenant shall have no right thereafter to dispute or review support for such statement, any item therein, or the computation of Operating Costs. If Tenant does so notify the Landlord within the one hundred eighty (180) day period, Tenant shall have six (6) months from the date of notification to Landlord to complete their review of the supporting documentation and notify Landlord of all objections, if any, to such statement. Landlord and Tenant hereby agree that Tenant will submit in writing to Landlord on or before the end of said six (6) month period, all objections to Landlord’s statement, and Tenant’s only rights after said six (6) month period shall be nonreversible removals or reductions of the said objections submitted to Landlord. Landlord and Tenant hereby agree that after said six (6) month period, Tenant has no further rights to review any supporting documentation unrelated to the objections submitted. Any notifications to Landlord will be done in accordance with Paragraph 25.14. Coincidentally with the monthly Base Rent next due following Tenant’s receipt of such statement (or after Tenant’s six (6) month review period described above), Tenant shall pay to Landlord (in the case of an underpayment) or Landlord shall credit against the next Base Rent due from Tenant (in the case of an overpayment) the difference between (i) Tenant’s Share of any excess of Operating Costs for the preceding calendar year over the Expense Stop (the “Prior Year’s Increase”), and (ii) the Operating Cost PaymentPayments made by Tenant for such preceding calendar year. In addition, Statement Tenant shall include pay to Landlord coincidentally with such next due Base Rent an amount which Landlord estimates will be Tenantequal to (A) one-twelfth (1/12) of the Prior Year’s Operating Cost Payment for Increase, if any, multiplied by (B) the number of months or partial months (including the then current month) then elapsed in the current calendar year, and less (C) the aggregate of any Operating Cost Payments made by Tenant for such current calendar year. Monthly thereafter until adjustment is made the following year pursuant to this paragraph, Tenant shall pay together with the monthly Base Rent one-twelfth (1/12th1/12) of the amount thereof shall be added to the monthly Base Rent payments required to be made by Tenant in any such year. If the amounts Tenant has paid during the year towards the current yearPrior Year’s Operating Cost Payment is less than or exceeds the amount required using said one-twelfth (1/12th) addition to Base Rent starting with the first month of the calendar year covered by such statement, then within thirty (30) days after receipt of the Statement, Tenant shall pay in cash any sums owed Landlord or, if applicable, Tenant shall receive a credit against any rent next accruing for any sum owed TenantIncrease. In no event will Tenant be entitled to receive the benefit of a reduction in Operating Costs below the Expense Stop costsStop. For any partial calendar year at the termination of this Lease, Tenant’s Share of any increases in Operating Costs for such year over the Expense Stop shall be prorated on the basis of a 365-day year by computing Tenant’s Share of the increases in Operating Costs for the entire year and then prorating such amount for the number of days this Lease was in effect during such year. Notwithstanding the expiration or termination of this Lease, and within thirty ten (3010) days after Tenant’s receipt of Landlord’s statement regarding the determination of increases in Operating Costs for the calendar year in which this Lease expires or terminates, Tenant shall pay to Landlord or Landlord shall pay to Tenant, as the case may be, an amount equal to the difference between Tenant’s Share of the increases in Operating Costs for such year (as prorated) and the amount previously paid by Tenant toward such increases. This provision shall survive the expiration or sooner termination of this Lease provided that Landlord shall have no right to collect any deficiency in Tenant’s Operating Cost Payment more than three hundred sixty-five (365) days following the expiration or sooner termination of this Lease.

Notice and Payment. As close as reasonably possible to the end ------------------ of each calendar year, Landlord shall, at or as soon as practicable after shall notify Tenant of any increases in Operating Costs and Taxes over Base Operating Costs and Taxes estimated by Landlord for the start following calendar year. Commencing on the first day of January of each calendar year subsequent and on the first day of every month thereafter in such year, Tenant shall pay to the Base Year Landlord, as Additional Rent, one-twelfth (but no later than April 30th), provide Tenant with a Statement (the “Statement”1/2th) of the amount Tenant's Share of the increases in Operating Cost Payment for the preceding Costs and Taxes as estimated by Landlord. If at any time during any such calendar year, and the amount of any payment due from Tenant it appears to Landlord that Operating Costs or Taxes for such year will vary from Landlord's estimate, Landlord may, by written notice to Tenant, taking into account any revise its estimate for such year and the Additional Rent payments by Tenant for such year shall thereafter be based upon such revised estimate. As soon as possible, however, in no event later than ninety (90) days after the end of each calendar year for which Tenant has made estimated payments or is liable for increases in Operating Costs and Taxes, Landlord shall furnish Tenant a statement with respect to such year, certified by Landlord's controller, showing Gross Operating Costs and Gross Taxes, Operating Costs and Taxes, the increase in Operating Costs and Taxes over Base Operating Costs and Taxes, Tenant's Share of such increase, and the total payments made by Tenant for on the basis of any previous estimate of such preceding calendar year Operating Cost Paymentincreases. In addition, Statement shall include an amount which Landlord estimates will be Tenant’s Operating Cost Payment for the current calendar year, and one-twelfth Unless Tenant raises any objections to Landlord's statement within three (1/12th3) of the amount thereof shall be added to the monthly Base Rent payments required to be made by Tenant in such year. If the amounts Tenant has paid during the year towards the current year’s Operating Cost Payment is less than or exceeds the amount required using said one-twelfth (1/12th) addition to Base Rent starting with the first month of the calendar year covered by such statement, then within thirty (30) days months after receipt of the Statementsame, such statement, shall conclusively be deemed correct and Tenant shall have no right thereafter to dispute such statement or any item therein or the computation of increases of Operating Costs or Taxes. If Tenant does object to such statement, Landlord shall provide Tenant with reasonable verification of the figures shown on the statement and the parties agree to negotiate in good faith to resolve any disputes. Any amounts due Landlord or Tenant shall be paid in the manner set forth below. Any objection of Tenant to Landlord's statement and resolution of any dispute shall not postpone the time for payment of any amounts due Tenant or Landlord based on Landlord's statement, nor shall any failure of Landlord to deliver Landlord's statement in a timely manner relieve Tenant of its obligation to pay any amounts due Landlord based on Landlord's statement. If Tenant's Share for the year as finally determined exceeds the total payments made by Tenant based on Landlord's estimates, Tenant shall pay in cash any sums owed Landlord or, if applicable, the deficiency within ten (10) days of Tenant's receipt of Landlord's statement. If the total payments made by Tenant shall receive a credit against any rent next accruing for any sum owed Tenant. In no event will Tenant be entitled to receive based on Landlord's estimate of the benefit of a reduction increases in Operating Costs below and Taxes exceed Tenant's Share of the Expense Stop costsincreases, as determined by Landlord, Tenant's excess payment shall be credited towards the next payments by Tenant of Rent or estimated increases in Operating Costs and Taxes. For any partial calendar year at the commencement or termination of this Lease, Tenant’s 's Share of any increases in Operating Costs and Taxes over Base Operating Costs and Taxes for such year over the Expense Stop shall be prorated on the basis of a 365-day year by computing Tenant’s 's Share of the increases in Operating Costs and Taxes for the entire year and then prorating such amount for the number of days the term of this Lease was in effect during such year. Notwithstanding the expiration or termination of this Lease, and within thirty ten (3010) days after of Tenant’s 's receipt of Landlord’s 's statement regarding the determination of increases in Operating Costs and Taxes for the calendar year in which this Lease expires or terminates, Tenant shall pay to Landlord or Landlord shall pay to Tenant, as the case may be, an amount equal to the difference between Tenant’s 's Share (as prorated) of the increases in Operating Costs and Taxes for such year (year, as prorated) finally determined by Landlord, and the amount previously paid by Tenant toward such increases. This provision shall survive the expiration or sooner termination of this Lease provided that Landlord shall have no right to collect any deficiency in Tenant’s Operating Cost Payment more than three hundred sixty-five (365) days following the expiration or sooner termination of this Lease.