Common use of Payment of Additional Rent Clause in Contracts

Payment of Additional Rent. Tenant shall pay as additional rent (“Additional Rent”) Tenant’s Direct Costs and Tenant’s Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) With each monthly payment of Basic Annual Rent due pursuant to Section 3.1 above, Tenant shall pay to Landlord, without offset or deduction, one-twelfth (1/12th) of the Estimated Costs as defined in Section 4.1(c). (b) Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) above, Tenant shall pay to Landlord the amount by which Tenant’s Direct Costs and Basic Costs, as specified in such written statements, exceed and aggregate of Estimated Costs actually paid by Tenant for the year at issue. Tenant shall have the right to audit Landlord’s books upon reasonable notice. Tenant shall pay costs associated with the audit unless Tenant finds that Landlord has inflated expenses by more than ten percent (10%), in which case, Landlord will pay audit charges. Payments by Tenant shall be made pursuant to this Section 4.3(b) notwithstanding that a statement pursuant to Section 4.2(a) is furnished to Tenant after the expiration of the term of this Lease. (c) If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (b) above for any year exceeded Tenant’s actual Direct Costs and Basic Costs for the same year, Landlord, at its election, shall either (i) promptly pay the amount of such excess to Tenant, or (ii) apply such excess against the next installment of Basic Annual Rental or Additional Rent due hereunder.

Payment of Additional Rent. Tenant shall pay as additional rent (“"Additional Rent”") Tenant’s 's Direct Costs and Tenant’s 's Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) With each monthly payment of Basic Annual Rent due pursuant to Section 3.1 above, Tenant shall pay to Landlord, without offset or deduction, one-twelfth (1/12thl/12th) of the Estimated Costs as defined in Section 4.1(c). (b) Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) above, Tenant shall pay to Landlord the amount by which Tenant’s 's Direct Costs and Basic Costs, as specified in such written statements, exceed and aggregate of Estimated Costs actually paid by Tenant for the year at issue. Tenant shall have the right to audit Landlord’s 's books upon reasonable notice. Tenant shall pay costs associated with the audit unless Tenant finds that Landlord has inflated expenses by more than ten percent (10%), in which case, Landlord will pay audit charges. Payments by Tenant shall be made pursuant to this Section 4.3(b) notwithstanding that a statement pursuant to Section 4.2(a) is furnished to Tenant after the expiration of the term of this Lease. (c) If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (b) above for any year exceeded Tenant’s 's actual Direct Costs and Basic Costs for the same year, Landlord, at its election, shall either (i) promptly pay the amount of such excess to Tenant, or (ii) apply such excess against the next installment of Basic Annual Rental or Additional Rent due hereunder.

Payment of Additional Rent. Tenant shall pay as additional rent (“Additional Rent”) Tenant’s Direct Costs and Tenant’s Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) With each monthly payment of Basic Annual Base Monthly Rent due pursuant to Section 3.1 3.01 above, Tenant shall pay to Landlord, without offset or deduction, one-twelfth (1/12th) of the Annual Statement of Estimated Costs. If at any time Landlord obtains information that indicates that any of the categories of cost comprising Estimated Costs are significantly different than as defined calculated in Section 4.1(c)the Annual Statement of Estimated Costs then in effect, Landlord may amend said Statement in order to reflect a more accurate prediction of the actual costs that will be incurred during the calendar year, and Tenant will pay amended Additional Rent consistent with said amended Statement. (b) Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) aboveAnnual Report of Costs, Tenant shall pay to Landlord the amount by which Tenant’s Direct Costs, Metered Costs and Proportionate Share of Basic Costs, as specified in such written statementsthe Report, exceed and the aggregate of Estimated Costs actually paid by Tenant as Additional Rent for the year at issue. Tenant shall have the right to audit Landlord’s books upon reasonable notice. Tenant shall pay costs associated with the audit unless Tenant finds that Landlord has inflated expenses by more than ten percent (10%), in which case, Landlord will pay audit charges. Payments by Tenant shall be made pursuant to this Section 4.3(b) notwithstanding that a statement pursuant to Section 4.2(a) is furnished to Tenant after the expiration of the term of this Lease. (c) If the annual statement Annual Report of costs Costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (b) above for any year exceeded Tenant’s the actual Direct Costs, Metered Costs and Proportionate Share of Basic Costs for the same year, Landlord, at its sole election, shall either (i) promptly pay the amount of such excess to Tenant, or (ii) apply such excess against the next installment installment(s) of Basic Annual Rental or Base Monthly Rent and/or Additional Rent due hereunderhereunder and so notify Tenant.

Payment of Additional Rent. Tenant shall pay as additional rent (“"Additional Rent”") Tenant’s Direct Costs and Tenant’s Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) With each monthly payment of Basic Annual Base Monthly Rent due pursuant to Section 3.1 3.01 above, Tenant shall pay to TO Landlord, without offset or deduction, one-twelfth (1/12th) of the Annual Statement of Estimated Costs. If at any time Landlord obtains information that indicates that any of the categories of cost comprising Estimated Costs are significantly different than as defined calculated in Section 4.1(c)the Annual Statement of Estimated Costs then in effect, Landlord may amend said Statement in order to reflect a more accurate prediction of the actual costs that will be incurred during the calendar year, and Tenant will pay amended Additional Rent consistent with said amended Statement. (b) Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) aboveAnnual Report of Costs, Tenant shall pay to Landlord the amount by which Tenant’s Direct Costs, Metered Costs and Proportionate Share of Basic Costs, as specified in such written statementsthe Report, exceed and the aggregate of Estimated Costs actually paid by Tenant as Additional Rent for the year at issue. Tenant shall have the right to audit Landlord’s books upon reasonable notice. Tenant shall pay costs associated with the audit unless Tenant finds that Landlord has inflated expenses by more than ten percent (10%), in which case, Landlord will pay audit charges. Payments by Tenant shall be made pursuant to this Section 4.3(b) notwithstanding that a statement pursuant to Section 4.2(a) is furnished to Tenant after the expiration of the term of this Lease. (c) If the annual statement Annual Report of costs Costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (b) above for any year exceeded Tenant’s the actual Direct Costs, Metered Costs and Proportionate Share of Basic Costs for the same year, Landlord, at its sole election, shall either (i) promptly pay the amount of such excess to Tenant, or (ii) apply such excess against the next installment installments) of Basic Annual Rental or Base Monthly Rent and/or Additional Rent due hereunderhereunder and so notify Tenant.

Payment of Additional Rent. Tenant Lessee shall pay as additional rent (“Additional Rent”) TenantLessee’s Direct Costs and TenantLessee’s Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) With A. Lessor shall provide Lessee with a written invoice of the Estimated Costs. Lessee shall, with each monthly payment of Basic Annual Rent Base Rental due pursuant to Section 3.1 above, Tenant shall pay to LandlordLessor, without offset or deduction, one-twelfth (1/12th) of the Estimated Costs as defined in Section 4.1(c4.3 (C). (b) B. Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) Section 4.4 above, Tenant Lessee shall pay to Landlord Lessor the amount by which TenantLessee’s Direct Costs and Lessee’s Proportionate Share of LEASE – Instructure, Inc. OLD MILL BUILDING IV, LLC Basic Costs, as specified in such written statementsstatement, exceed and the aggregate of Estimated Costs and Direct Costs actually paid by Tenant Lessee for the year at issue. Tenant Lessee shall have the right to audit LandlordLessor’s books upon reasonable sixty (60) days notice. Tenant Lessee shall pay costs associated with the audit unless Tenant Lessee finds that Landlord Lessor has inflated overstated expenses by more than ten five percent (105%), in which case, Landlord Lessor will pay audit charges. Payments due and owing by Tenant Lessee, or credits due and owing to Lessee, shall be made pursuant to this Section 4.3(b4.5 (B) notwithstanding that a statement pursuant to Section 4.2(a) 4.4 is furnished to Tenant Lessee after the expiration of the term Term of this Lease. (c) C. If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (b) above Lessee for any year exceeded Tenantexceed Lessee’s actual Direct Costs and Lessee’s Proportionate Share of Basic Costs for the same year, LandlordLessor, at its election, shall either (i) promptly pay the amount of such excess to TenantLessee, or (ii) apply such excess against the next installment of Basic Annual Base Rental or Additional Rent due hereunder.. Notice of such intent shall be delivered to Lessee not less than 15 days prior to the next installment of basic annual or Additional Rent:

Payment of Additional Rent. Tenant shall pay as additional rent (“Additional Rent”) Tenant’s Direct Costs and Tenant’s Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) With each monthly payment of Basic Annual Rent due pursuant to Section 3.1 above, Tenant shall pay to Landlord, without offset or deduction, one-twelfth onetwelfth (1/12th) of the Estimated Costs as defined in Section 4.1(c). (b) Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) above, Tenant shall pay to Landlord the amount by which Tenant’s Direct Costs and Basic Costs, as specified in such written statements, exceed and aggregate of Estimated Costs actually paid by Tenant for the year at issue. Tenant shall have the right to audit Landlord’s books upon reasonable notice. Tenant shall pay costs associated with the audit unless Tenant finds that Landlord has inflated expenses by more than ten percent (10%), in which case, Landlord will pay audit charges. Payments by Tenant shall be made pursuant to this Section 4.3(b) notwithstanding that a statement pursuant to Section 4.2(a) is furnished to Tenant after the expiration of the term of this Lease. (c) If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (b) above for any year exceeded Tenant’s actual Direct Costs and Basic Costs for the same year, Landlord, at its election, shall either (i) promptly pay the amount of such excess to Tenant, or (ii) apply such excess against the next installment of Basic Annual Rental or Additional Rent due hereunder.

Payment of Additional Rent. Tenant shall pay as additional rent (“"Additional Rent”") Tenant’s 's Direct Costs and Tenant’s 's Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) With each monthly payment of Basic Annual Rent due pursuant to Section 3.1 above, Tenant shall pay to Landlord, without offset or deduction, one-one twelfth (1/12th) of the Estimated Costs as defined in Section 4.1(c). (b) Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) above, Tenant shall pay to Landlord the amount by which Tenant’s 's Direct Costs and Proportionate Share of Basic Costs, as specified in such written statements, exceed and the aggregate of Estimated Costs actually paid by Tenant for the year at issue. Tenant shall have the right to audit Landlord’s books upon reasonable notice. Tenant shall pay costs associated with the audit unless Tenant finds that Landlord has inflated expenses by more than ten percent (10%), in which case, Landlord will pay audit charges. Payments by Tenant shall be made pursuant to this Section 4.3(b) notwithstanding that a statement pursuant to Section 4.2(a) is furnished to Tenant after the expiration of the term of this Lease. (c) If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (bSection 4.3(a) above for any year exceeded Tenant’s actual 's Direct Costs and Tenant's Proportionate Share of Basic Costs for the same year, upon such determination, Landlord, at its election, shall either (i) promptly pay the amount of such excess to Tenant, or (ii) apply such excess against the next installment of Basic Annual Rental or Additional Rent due hereunder.

Payment of Additional Rent. Tenant Lessee shall pay as additional rent (“Additional Rent”) Tenant’s Lessees Direct Costs and Tenant’s Lessees Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) A. With each monthly payment of Basic Annual Rent Base Rental due pursuant to Section 3.1 above, Tenant Lessee shall pay to LandlordLessor, without offset or deduction, one-twelfth (1/12th) of the Estimated Costs as defined in Section 4.1(c4.3 (C). (b) B. Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) Section 4.4 above, Tenant Lessee shall pay to Landlord Lessor the amount by which TenantLessee’s Direct Costs and Lessee’s Proportionate Share of Basic Costs, as specified in such written statementsstatement, exceed and the aggregate of Estimated Costs and Direct Costs actually paid by Tenant Lessee for the year at issue. Tenant Lessee shall have the right to audit LandlordLessor’s books upon reasonable sixty (60) days notice. Tenant Lessee shall pay costs associated with the audit unless Tenant Lessee finds that Landlord Lessor has inflated overstated expenses by more than ten five percent (105%), in which case, Landlord Lessor will pay audit charges. Payments by Tenant Lessee shall be made pursuant to this Section 4.3(b4.5 (B) notwithstanding that a statement pursuant to Section 4.2(a) 4.4 is furnished to Tenant Lessee after the expiration of the term Term of this Lease. (c) C. If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (b) above Lessee for any year exceeded Tenantexceed Lessee’s actual Direct Costs and Lessee’s Proportionate Share of Basic Costs for the same year, LandlordLessor, at its election, shall either (i) promptly pay the amount of such excess to TenantLessee, or (ii) apply such excess against the next installment of Basic Annual Base Rental or Additional Rent due hereunder. Notice of such intent shall be delivered to Lessee not less than 15 days prior to the next installment of basic annual or Additional Rent.

Payment of Additional Rent. Tenant shall pay as additional rent -------------------------- (“"Additional Rent”") Tenant’s 's Direct Costs and Tenant’s Proportionate Share of 's Basic Costs. The Additional Rent shall be paid as follows: (a) A. With each monthly payment of Basic Annual Rent due pursuant to Section 3.1 above, Tenant shall pay to Landlord, without offset or deduction, one-twelfth twelth (1/12th) of the Estimated Costs as defined in Section 4.1(c).6.02 C. (b) B. Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) Section 6.03 A above, Tenant shall pay to Landlord the amount by which Tenant’s 's Direct Costs and Basic Costs, as specified in such written statements, exceed and the aggregate of Estimated Costs actually paid by Tenant for the year at issue. Tenant shall have the right to audit Landlord’s 's books upon reasonable sixty (60) days notice. Tenant shall pay costs associated with the audit unless Tenant finds that Landlord has inflated expenses by more than ten three percent (103%), in which case, Landlord will pay audit charges. Payments by Tenant shall be made pursuant to this Section 4.3(b) 6.04B notwithstanding that a statement pursuant to Section 4.2(a) 6.03 A is furnished to Tenant after the expiration of the term Term or Renewal Term of this Lease. Any overpayment by Tenant shall be promptly refunded to Tenant. (c) C. If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection subparagraph (bB) above for any year exceeded exceed Tenant’s 's actual Direct Costs and Basic Costs for the same year, Landlord, at its election, shall either (i) promptly pay the amount of such excess to Tenant, or (ii) apply such excess against the next installment of Basic Annual Rental or Additional Rent due hereunder. Notice of such intent shall be delivered to Tenant not less than 15 days prior to the next installment of basic annual or Additional Rent.

Payment of Additional Rent. Tenant shall pay as additional rent (“"Additional Rent”") Tenant’s 's Direct Costs and Tenant’s 's Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) With each monthly payment of Basic Annual Rent due pursuant to Section 3.1 above, Tenant shall pay to Landlord, without offset or deduction, one-twelfth (1/12thl/12th) of the Estimated Costs as defined in Section 4.1(c). (b) Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) above, Tenant shall pay to Landlord the amount by which Tenant’s 's Direct Costs and Proportionate Share of Basic Costs, as specified in such written statements, exceed and the aggregate of Estimated Costs actually paid by Tenant for the year at issue. Tenant shall have the right to audit Landlord’s books upon reasonable notice. Tenant shall pay costs associated with the audit unless Tenant finds that Landlord has inflated expenses by more than ten percent (10%), in which case, Landlord will pay audit charges. Payments by Tenant shall be made pursuant to this Section 4.3(b) notwithstanding that a statement pursuant to Section 4.2(a) is furnished to Tenant after the expiration of the term of this Lease. (c) If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (bSection 4.3(a) above for any year exceeded Tenant’s actual 's Direct Costs and Tenant's Proportionate Share of Basic Costs for the same year, Landlord, at its election, shall either (i) promptly pay the amount of such excess to Tenant, or (ii) apply such excess against the next installment of Basic Annual Rental or Additional Rent due hereunder.

Payment of Additional Rent. Tenant shall pay as additional rent (“"Additional Rent”") Tenant’s 's Direct Costs and Tenant’s 's Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) With each monthly payment of Basic Annual Rent due pursuant to Section 3.1 above, Tenant shall pay to Landlord, without offset or deduction, one-twelfth (1/12thl/12th) of the Estimated Costs as defined in Section 4.1(c). (b) Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) above, Tenant shall pay to Landlord the amount by which Tenant’s 's Direct Costs and Proportionate Share of Basic Costs, as specified in such written statements, exceed and the aggregate of Estimated Costs actually paid by Tenant for the year at issue. Tenant shall have the right to audit Landlord’s books upon reasonable notice. Tenant shall pay costs associated with the audit unless Tenant finds that Landlord has inflated expenses by more than ten percent (10%), in which case, Landlord will pay audit charges. Payments by Tenant shall be made pursuant to this Section 4.3(b) notwithstanding that a statement pursuant to Section 4.2(a) is furnished to Tenant after the expiration of the term of this Lease. (c) If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (bSection 4.3(a) above for any year exceeded Tenant’s actual 's Direct Costs and Tenant's Proportionate Share of Basic Costs for the same year, Landlord, at its election, shall either either (i) promptly pay the amount of such excess to Tenant, or (ii) apply such excess against the next installment of Basic Annual Rental or Additional Rent due hereunder.

Payment of Additional Rent. Tenant shall pay as additional rent (“Additional Rent”) Tenant’s Direct Costs and Tenant’s Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) With each monthly payment of Basic Annual Rent due pursuant to Section 3.1 above, Tenant shall pay to Landlord, without offset or deduction, one-twelfth (1/12thl/12th) of the Estimated Costs as defined in Section 4.1(c). (b) Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) above, Tenant shall pay to Landlord the amount by which Tenant’s Direct Costs and Basic Costs, as specified in such written statements, exceed and aggregate of Estimated Costs actually paid by Tenant for the year at issue. Tenant shall have the right to audit Landlord’s books upon reasonable notice. Tenant shall pay costs associated with the audit unless Tenant finds that Landlord has inflated expenses by more than ten percent (10%), in which case, Landlord will pay audit charges. Payments by Tenant shall be made pursuant to this Section 4.3(b) notwithstanding that a statement pursuant to Section 4.2(a) is furnished to Tenant after the expiration of the term of this Lease. (c) If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (b) above for any year exceeded Tenant’s actual Direct Costs and Basic Costs for the same year, Landlord, at its election, shall either (i) promptly pay the amount of such excess to Tenant, or (ii) apply such excess against the next installment of Basic Annual Rental or Additional Rent due hereunder.

Payment of Additional Rent. Tenant Lessee shall pay as additional rent (“Additional Rent”) TenantLessee’s Direct Costs and TenantLessee’s Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) A. With each monthly payment of Basic Annual Rent Base Rental due pursuant to Section 3.1 above, Tenant Lessee shall pay to LandlordLessor, without offset or deduction, one-twelfth (1/12th) of the Estimated Costs as defined in Section 4.1(c4.3 (C). (b) B. Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) Section 4.4 A above, Tenant Lessee shall pay to Landlord Lessor the amount by which TenantLessee’s Direct Costs and Lessee’s Proportionate Share of Basic Costs, as specified in such written statements, exceed and the aggregate of Estimated Costs actually paid by Tenant Lessee for the year at issue. Tenant Lessee shall have the right to audit LandlordLessor’s books upon reasonable sixty (60) days notice. Tenant Lessee shall pay costs associated with the audit unless Tenant Lessee finds that Landlord Lessor has inflated overstated expenses by more than ten five percent (105%), in which case, Landlord Lessor will pay audit charges. Payments by Tenant Lessee shall be made pursuant to this Section 4.3(b4.5 (B) notwithstanding that a statement pursuant to Section 4.2(a) 4.4 is furnished to Tenant Lessee after the expiration of the term Term of this Lease. (c) C. If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (b) above Lessee for any year exceeded Tenantexceed Lessee’s actual Direct Costs and Lessee’s Proportionate Share of Basic Costs for the same year, LandlordLessor, at its election, shall either (i) promptly pay the amount of such excess to TenantLessee, or (ii) apply such excess against the next installment of Basic Annual Base Rental or Additional Rent due hereunder. Notice of such intent shall be delivered to Lessee not less than 15 days prior to the next installment of basic annual or Additional Rent.

Payment of Additional Rent. Tenant shall pay as additional rent (“"Additional Rent”") Tenant’s 's Direct Costs and Tenant’s 's Proportionate Share of Basic Costs. The Additional Rent shall be paid as follows: (a) With each monthly payment of Basic Annual Rent due pursuant to Section 3.1 above, Tenant shall pay to Landlord, without offset or deduction, one-twelfth (1/12thl/12th) of the Estimated Costs as defined in Section 4.1(c). (b) Within thirty (30) days after delivery of the written statement referred to in section 4.2(a) above, Tenant shall pay to Landlord the amount by which Tenant’s 's Direct Costs and Proportionate Share of Basic Costs, as specified in such written statements, exceed and the aggregate of Estimated Costs actually paid by Tenant for the year at issue. Tenant shall have the right to audit Landlord’s books upon reasonable notice. Tenant shall pay costs associated with the audit unless Tenant finds that Landlord has inflated expenses by more than ten percent (10%), in which case, Landlord will pay audit charges. Payments by Tenant shall be made pursuant to this Section 4.3(b) notwithstanding that a statement pursuant to Section 4.2(a) is furnished to Tenant after the expiration of the term of this Lease. (c) If the annual statement of costs indicates that the Estimated Costs paid by Tenant pursuant to subsection (bSection 4.3(a) above for any year exceeded Tenant’s actual 's Direct Costs and Tenant's Proportionate Share of Basic Costs for the same year, Landlord, at its Tenant's election, shall either (i) promptly pay the amount of such excess to Tenant, or (ii) apply such excess against the next installment of Basic Annual Rental or Additional Rent due hereunder.