Common use of Operating Costs and Taxes Clause in Contracts

Operating Costs and Taxes. Additional Rent (including, without limitation, Operating Costs and Taxes) payable by the Tenant will be estimated by the Landlord for such period as is designated by the Landlord from time to time. Subject to Section 9.5, the Tenant will pay the Landlord the estimated amount in monthly instalments in advance on the first day of each calendar month during the designated period. Within a reasonable period of time following the designated period the Landlord will furnish to the Tenant a statement setting out the Operating Costs and Taxes for such period and the Tenant’s Proportionate Share thereof. If the amount payable by the Tenant as shown on any such statement is greater or less than the aggregate of amounts paid by the Tenant under this Section 3.2, the proper adjusting credit or payment will be made between the parties within 14 days after delivery of the statement. Any credit made by the Landlord or payment made by the Tenant and accepted by the Landlord in respect of any adjustment made hereunder, will be without prejudice to the Landlord’s or Tenant’s right to claim a readjustment provided such claim is made within 12 months from the date of delivery of the statement referred to in this Section 3.2. Notwithstanding the foregoing, whenever in the Landlord’s reasonable opinion, any item of Operating Costs or Taxes properly applies to a particular tenant within the Complex, the Landlord may allocate such item of Operating Costs or Taxes to such tenant. The Tenant will pay any amount so allocated by the Landlord to the Tenant upon demand.

Operating Costs and Taxes. Additional Rent (including, without limitation, Operating Costs and Taxes) payable by the Tenant will be estimated by the Landlord for each Lease Year or such period as is reasonably designated by the Landlord from time to time. Subject to Section 9.59.2, the Tenant will pay the Landlord the estimated amount in equal monthly instalments in advance on the first day of each calendar month during the designated period. Within a reasonable period of time following the designated period the Landlord will furnish to the Tenant a statement setting out the Operating Costs and Taxes for such period and the Tenant’s Proportionate Share thereofperiod. If the amount payable by the Tenant as shown on any such statement is greater or less than the aggregate of amounts paid by the Tenant under this Section 3.2, the proper adjusting credit or payment will be made between the parties within 14 days after delivery of the statement. Any credit made by the Landlord or payment made by the Tenant and accepted by the Landlord in respect of any adjustment made hereunder, will be without prejudice to the Landlord’s or Tenant’s right to claim a readjustment provided such claim is made within 12 months from the date of delivery of the statement referred to in this Section 3.2. Notwithstanding the foregoing, whenever in the Landlord’s reasonable opinion, any item of Operating Costs or Taxes properly applies to a particular tenant within the Complex, the Landlord may allocate such item of Operating Costs or Taxes to such tenant. The Tenant will pay any amount so allocated by the Landlord to the Tenant upon demand.

Operating Costs and Taxes. To pay throughout the Term as Additional Rent its Proportionate Share of Taxes against or in respect of the Lands, the Buildings and other fixtures, improvements, equipment and facilities thereon or related thereto (including, without limitation, other than Taxes payable directly by tenants pursuant to provisions similar to Subsection 5.01(b) hereof) and its Proportionate Share of Operating Costs. The amounts of Taxes and Operating Costs and Taxes) payable by which the Tenant will is to pay shall be estimated by the Landlord for such period as is designated by the Landlord may determine from time to time. Subject The Tenant agrees to Section 9.5, the Tenant will pay to the Landlord the estimated amount such amounts in monthly instalments in to advance during each such period on the first day dates and at the times for payment of Rent provided for in this Lease. Within ninety (90) days after the end of each calendar month during the designated period. Within a reasonable period of time following the designated period year, the Landlord will furnish to the Tenant a statement setting out of the actual Taxes and Operating Costs and Taxes for during such period calendar year and the Tenant’s Proportionate Share thereofthereof showing in reasonable detail the information relevant and necessary to the exact calculation of these amounts. If the amount payable by the Tenant as shown on any such statement is Is greater or less than the aggregate of the amounts paid on account of Taxes and Operating Costs by the Tenant under to the Landlord pursuant to this Section 3.2Section, the proper adjusting credit or payment will adjustment shall be made between the parties within 14 fourteen (14) days after delivery of the statement. Any credit payment made by the Landlord or payment made by the Tenant and accepted by the Landlord in respect of any adjustment made hereunder, will shall be without prejudice to the Landlord’s or Tenant’s right of the Landlord to claim a readjustment re-adjustment provided such claim is made within 12 twelve (12) months from to the date of delivery of the statement referred to in this Section 3.2Section. If for any reason beyond the Landlord’s control the Landlord is unable to deliver the statement hereinbefore referred to within the said period of ninety (90) days, the Landlord shall take all reasonable steps as may be necessary to deliver such statement as soon thereafter as is reasonably possible and the failure to provide such statement within the said period shall not entitle the Tenant to withhold any sum payable to the Landlord hereunder, or to claim damages from the Landlord. The certificate of an accountant appointed by the Landlord shall in the event of a dispute be conclusive and binding upon the Landlord and the Tenant as to any amount payable from time to time under this Section. Notwithstanding the foregoingprovisions of this Section, whenever in if at any time during any fiscal period the Landlord’s reasonable opinion, any item of Operating Costs or Taxes properly applies to a particular tenant within the ComplexBuildings shall be less than one hundred percent (100%) occupied by tenants, the Landlord may allocate such item shall xxxx the right to adjust any cost incurred in the Buildings that is directly related to tenant occupancy so that the Landlord will fully recover the Tenant’s Proportionate Share of its expenditure and Operating Costs or Taxes to such tenant. The Tenant will pay any amount so allocated by which would have been incurred if the Landlord to Buildings had been one hundred percent (100%) occupied during the Tenant upon demandwhole of the fiscal period.