Common use of Payment of Direct Expenses Clause in Contracts

Payment of Direct Expenses. (i) If Tenant’s Percentage of the Direct Expenses paid or incurred by Landlord for any calendar year exceeds the Direct Expenses Base included in Tenant’s rent, then Tenant shall pay such excess as Additional Rent. (ii) In addition, for each year after the first calendar year, or portion thereof, Tenant shall pay Tenant’s Percentage of Landlord’s estimate of the amount by which Direct Expenses for that year shall exceed the Direct Expenses Base (the “Landlord’s Estimate”). This estimated amount shall be divided into twelve equal monthly installments. Tenant shall pay to Landlord without offset or deduction, concurrently with the regular monthly Base Rent payment next due following the receipt of such statement, an amount equal to one monthly installment multiplied by the number of months from January in the calendar year in which said statement is submitted to the month of such payment, both months inclusive. Subsequent installments shall be payable concurrently with the regular monthly Base Rent payments for the balance of that calendar year and shall continue until the next calendar year’s statement is rendered. (iii) As soon as possible after the end of each calendar year, Landlord shall provide Tenant with a statement showing the amount of Tenant’s Percentage of Direct Expenses, the amount of Landlord’s Estimate actually paid by Tenant and the amount of the Direct Expenses Base. Thereafter, Landlord shall reconcile the above amounts and shall either xxxx Tenant for the balance due (payable on demand by Landlord) or credit any overpayment by Tenant towards the next monthly installment of Landlord’s Estimate falling due, as the case may be. For purposes of making these calculations, in no event shall Tenant’s Percentage of the Direct Expenses be deemed to be less than the Direct Expenses Base.

Payment of Direct Expenses. (i) If Tenant’s 's Percentage of the Direct Expenses paid or incurred by Landlord for any calendar year exceeds the Direct Expenses Base included in Tenant’s 's rent, then Tenant shall pay such excess as Additional Rent. (ii) In addition, for each year after the first calendar year, or portion thereof, Tenant shall pay Tenant’s 's Percentage of Landlord’s 's estimate of the amount by which Direct Expenses for that year shall exceed the Direct Expenses Base (the “"Landlord’s 's Estimate”"). This estimated amount shall be divided into twelve equal monthly installments. Tenant shall pay to Landlord without offset or deduction, concurrently with the regular monthly Base Rent payment next due following the receipt of such statement, an amount equal to one monthly installment multiplied by the number of months from January in the calendar year in which said statement is submitted to the month of such payment, both months inclusive. Subsequent installments shall be payable concurrently with the regular monthly Base Rent payments for the balance of that calendar year and shall continue until the next calendar year’s 's statement is rendered. (iii) As soon as possible after the end of each calendar year, Landlord shall provide Tenant with a statement showing the amount of Tenant’s 's Percentage of Direct Expenses, the amount of Landlord’s 's Estimate actually paid by Tenant and the amount of the Direct Expenses Base. Thereafter, Landlord shall reconcile the above amounts and shall either xxxx Tenant for the balance due (payable on demand by Landlord) or credit any overpayment by Tenant towards the next monthly installment of Landlord’s 's Estimate falling due, as the case may be. For purposes of making these calculations, in no event shall Tenant’s 's Percentage of the Direct Expenses be deemed to be less than the Direct Expenses Base.

Payment of Direct Expenses. (i) If Tenant’s 's Percentage of the Direct Expenses paid or incurred by Landlord for any calendar year exceeds the Direct Expenses Base included in Tenant’s 's rent, then Tenant shall pay such excess as Additional Rentadditional rent. (ii) In addition, for each year after the first calendar year, or portion thereof, Tenant shall pay Tenant’s 's Percentage of Landlord’s 's estimate of the amount by which Direct Expenses for that year shall exceed the Direct Expenses Base (the “"Landlord’s 's Estimate”"). This estimated amount shall be divided into twelve equal monthly installments. Tenant shall pay to Landlord without offset or deductionLandlord, concurrently with the regular monthly Base Rent rent payment next due following the receipt of such statement, an amount equal to one monthly installment multiplied by the number of months from January in the calendar year in which said statement is submitted to the month of such payment, both months inclusive. Subsequent installments shall be payable concurrently with the regular monthly Base Rent rent payments for the balance of that calendar year and shall continue until the next calendar year’s 's statement is rendered. (iii) As soon as possible after the end of each calendar year, Landlord shall provide Tenant with a statement showing the amount of Tenant’s 's Percentage of Direct Expenses, the amount of Landlord’s 's Estimate actually paid by Tenant and the amount of the Direct Expenses Base. Thereafter, Landlord shall reconcile the above amounts and shall either xxxx bill Tenant for the balance due (payable on demand by Landlord) or credit xxxxit any overpayment by Tenant towards the next monthly installment of Landlord’s 's Estimate falling due, as the case may be. For purposes of making these calculations, in no event shall Tenant’s 's Percentage of the Direct Expenses be deemed to be less than the Direct Expenses Base.

Payment of Direct Expenses. (i) If Tenant’s 's Percentage of the Direct Expenses paid or incurred by Landlord for any calendar year exceeds the Direct Expenses Base included in Tenant’s 's rent, then Tenant shall pay such excess as Additional Rentadditional rent. (ii) In addition, for each year after the first calendar year, or portion thereof, Tenant shall pay Tenant’s 's Percentage of Landlord’s 's estimate of the amount by which Direct Expenses for that year shall exceed the Direct Expenses Base (the “"Landlord’s 's Estimate”"). This estimated amount shall be divided into twelve equal monthly installments. Tenant shall pay to Landlord without offset or deductionLandlord, concurrently with the regular monthly Base Rent rent payment next due following the receipt of such statement, an amount equal to one monthly installment multiplied by the number of months from January in the calendar year in which said statement is submitted to the month of such payment, both months inclusive. Subsequent installments shall be payable concurrently with the regular monthly Base Rent rent payments for the balance of that calendar year and shall continue until the next calendar year’s 's statement is rendered. (iii) As soon as possible after the end of each calendar year, Landlord shall provide Tenant with a reasonably detailed statement showing the amount of Tenant’s 's Percentage of Direct Expenses, the amount of Landlord’s 's Estimate actually paid by Tenant and the amount of the Direct Expenses Base. Thereafter, Landlord shall reconcile the above amounts and shall either xxxx Tenant for the balance due (payable on demand by Landlord) or credit any overpayment by Tenant towards the next monthly installment of Landlord’s 's Estimate falling due, as the case may be. For purposes of making these calculations, in no event shall Tenant’s 's Percentage of the Direct Expenses be deemed to be less than the Direct Expenses Base.

Payment of Direct Expenses. (i) If Tenant’s Percentage The STATE shall reimburse the CONSULTANT for the following allowable direct non‑salary costs: a. As allowable direct costs, costs incurred for the following itemize expenses which are directly chargeable to the Project, and not normally provided as part of overhead, up to an amount not to exceed the following: Direct Expense Amount Prime Consultant name $ Sub Consultant 1 $ Sub Consultant 2 $ Travel by common carrier at coach rates. Use of non‑consultant owned vehicles at a mileage or rental rate approved by the STATE, exclusive of commutation. The rates approved by the STATE for “Use of non-consultant owned vehicles at a mileage rate approved by the State which will be at the actual company reimbursement rate allowed or at the mileage rate limitation noted in the current Federal Travel Regulation, whichever is lesser, exclusive of commutation. Rental of non-consultant owned vehicles must be at a rental rate approved by the State, exclusive of commutation." The Current Federal Travel Regulation mileage limitations are at xxxx://xxx.xxx.xxx/mileage. Out of pocket costs for meals and lodging at rates approved by the STATE, not to exceed actual cost. Rates approved by the STATE will be consistent with the current Federal Travel Regulation Per Diem Rates available at xxxx://xxx.xxx.xxx. Expendable materials and equipment rental as approved by the STATE. Vendor invoiced prints, reproductions, renderings, and acquisition of documents. Provision of all regular and special equipment, tools, labor, and all else necessary to perform any task or inspection, including, but not limited to, sampling, testing and traffic control. Charges for permits, grants and licenses in connection with the work. b. If, during the duration of this Agreement, the CONSULTANT determines that the costs to be incurred in any of the Direct Expenses paid cost categories set forth in Part II.A or incurred by Landlord for any calendar year exceeds the Direct Expenses Base included in Tenant’s rent, then Tenant shall pay such excess as Additional Rent. (ii) In addition, for each year after the first calendar year, or portion thereof, Tenant shall pay Tenant’s Percentage of Landlord’s estimate of the amount by which Direct Expenses for that year shall exceed the Direct Expenses Base (the “Landlord’s Estimate”). This estimated amount shall be divided into twelve equal monthly installments. Tenant shall pay to Landlord without offset or deduction, concurrently with the regular monthly Base Rent payment next due following the receipt of such statement, an amount equal to one monthly installment multiplied by the number of months from January in the calendar year in which said statement is submitted to the month of such payment, both months inclusive. Subsequent installments shall be payable concurrently with the regular monthly Base Rent payments for the balance of that calendar year and shall continue until the next calendar year’s statement is rendered. (iii) As soon as possible after the end of each calendar year, Landlord shall provide Tenant with a statement showing the amount of Tenant’s Percentage of Direct Expenses, the amount of Landlord’s Estimate actually paid by Tenant and the amount of the Direct Expenses Base. Thereafter, Landlord shall reconcile the above amounts and shall either xxxx Tenant for the balance due (payable on demand by Landlord) or credit any overpayment by Tenant towards the next monthly installment of Landlord’s Estimate falling due, as the case may be. For purposes of making these calculations, in no event shall Tenant’s Percentage of the Direct Expenses be deemed to Part II.E will be less than the Direct Expenses Basecategory limitations contained therein, the CONSULTANT may ask the STATE to transfer the excess monies to one of the other categories to cover the cost of additional work or anticipated overages within the scope of the Agreement or a previously executed extra work Consultant Agreement Modification. The CONSULTANT must provide the STATE with a complete written justification for the transfer and gain approval from the STATE before performing the proposed additional work or before incurring costs in excess of a category limitation.

Payment of Direct Expenses. (i) If Tenant’s Percentage of the Direct Expenses paid or incurred by Landlord for any calendar year exceeds the Direct Expenses Base included in Tenant’s rent, then Tenant shall pay such excess as Additional Rent. (ii) In addition, for each year after the first calendar year, or portion thereof, Tenant shall pay Tenant’s Percentage Share of Direct Expenses as Additional Rent. Tenant shall pay such share of the actual Direct Expenses incurred or paid by Landlord but not theretofore billed to Tenant within thirty (30) days after receipt of a written bxxx therefor from Landlord, accompanied by reasonable evidence of the expenses incurred by Landlord, on such periodic basis as Landlord may designate, but in no event more frequently than once a month. Alternatively, Landlord may require from time to time that Tenant pay Tenant’s Share of Landlord’s estimate of the amount by which Direct Expenses for that year shall exceed the Direct Expenses Base (the “Landlord’s Estimate”). This estimated amount shall be divided into twelve equal monthly installments. Tenant shall pay to Landlord without offset or deduction, concurrently with the regular monthly Base Rent payment next due following the receipt of such statement, an amount equal to one monthly installment multiplied by the number of months from January in the calendar year in which said statement is submitted to the month of such payment, both months inclusiveinclusive (but Tenant shall be credited for prior amounts paid by Tenant based on the estimated bills, if any). Subsequent installments shall be payable concurrently with the regular monthly Base Rent payments for the balance of that calendar year and shall continue until the next calendar year’s statement is rendered. (iiiii) As soon as possible after the end of each calendar year, Landlord shall provide Tenant with a statement showing the amount of Tenant’s Percentage Share of Direct Expenses, Expenses and the amount of Landlord’s Estimate actually paid by Tenant and the amount of the Direct Expenses BaseTenant. Thereafter, Landlord shall reconcile the above amounts and shall either xxxx bxxx Tenant for the balance due (payable on within thirty (30) days after demand by Landlord) or credit any overpayment by Tenant towards the next monthly installment of Landlord’s Estimate falling due, as the case may be. For purposes of making these calculations, in no event shall Tenant’s Percentage of the Direct Expenses be deemed to be less than the Direct Expenses Base.

Payment of Direct Expenses. (i) If Tenant’s 's Percentage of the Direct Expenses paid or incurred by Landlord for any calendar year exceeds the Direct Expenses Base included in Tenant’s 's rent, then Tenant shall pay such excess as Additional Rentadditional rent. (ii) In addition, for each year after the first calendar year, or portion thereof, Tenant shall pay Tenant’s 's Percentage of Landlord’s 's estimate of the amount by which Direct Expenses for that year shall exceed the Direct Expenses Base (the “"Landlord’s 's Estimate”"). This estimated amount shall be divided into twelve equal monthly installments. Tenant shall pay to Landlord without offset or deductionLandlord, concurrently with the regular monthly Base Rent rent payment next due following the receipt of such statement, an amount equal to one monthly installment multiplied by the number of months from January in the calendar year in which said statement is submitted to the month of such payment, both months inclusive. Subsequent installments shall be payable concurrently with the regular monthly Base Rent rent payments for the balance of that calendar year and shall continue until the next calendar year’s 's statement is rendered. (iii) As soon as possible after the end of each calendar year, Landlord shall provide Tenant with a statement showing the amount of Tenant’s 's Percentage of Direct Expenses, the amount of Landlord’s 's Estimate actually paid by Tenant and the amount of the Direct Expenses Base. Thereafter, Landlord shall reconcile the above amounts and shall either xxxx Tenant bill Xxxant for the balance due (payable on demand Idemand by Landlord) or credit any overpayment by Tenant towards the next monthly installment of Landlord’s 's Estimate falling due, as the case may be. For purposes of making these calculations, in no event shall Tenant’s 's Percentage of the Direct Expenses be deemed to be less than the Direct Expenses Base.

Payment of Direct Expenses. (i) If Tenant’s Percentage of the Direct Expenses paid or incurred by Landlord for any calendar year exceeds the Direct Expenses Base included in Tenant’s rentRent, then Tenant shall pay such excess as Additional Rent. (ii) In addition, for each year after the first calendar year, or portion thereof, Tenant shall pay Tenant’s Percentage of Landlord’s estimate of the amount by which Direct Expenses for that year shall exceed the Direct Expenses Base (the “Landlord’s Estimate”). This estimated amount shall be divided into twelve equal monthly installments. Tenant shall pay to Landlord without offset or deduction, concurrently with the regular monthly Base Rent payment next due following the receipt of such statement, an amount equal to one monthly installment multiplied by the number of months from January in the calendar year in which said statement is submitted to the month of such payment, both months inclusive. Subsequent installments shall be payable concurrently with the regular monthly Base Rent payments for the balance of that calendar year and shall continue until the next calendar year’s statement is rendered. (iii) As soon as possible reasonably practicable after the end of each calendar year, Landlord shall provide Tenant with a statement showing the amount of Tenant’s Percentage of Direct Expenses, the amount of Landlord’s Estimate actually paid by Tenant and the amount of the Direct Expenses Base. Thereafter, Landlord shall reconcile the above amounts and shall either xxxx Tenant for the balance due (payable on demand within 30 days after written notice by Landlord) or credit any overpayment by Tenant towards the next monthly installment of Landlord’s Estimate falling due, as the case may be. For purposes of making these calculations, in no event shall Tenant’s Percentage of the Direct Expenses be deemed to be less than the Direct Expenses Base.

Payment of Direct Expenses. (i) If Tenant shall pay to Landlord as Additional Rent hereunder Tenant’s 's Percentage of Direct Expenses incurred by Landlord during the Lease Term relating to the Project ("Tenant's Share of Project Expenses"). Tenant, without duplication, shall pay to Landlord as Additional Rent hereunder One Hundred Percent (100%) of the Direct Expenses paid or incurred by which relate solely to the Premises ("Tenant's Share of Premises Expenses") (Tenant's Share of Project Expenses and Tenant's Share of Premises Expenses shall be jointly referred to herein as "Tenant's Share of Expenses"). From time to time, and at anytime, Landlord for any calendar year exceeds the Direct Expenses Base included in Tenant’s rent, then shall bill Tenant shall pay such excess as Additional Rent. (ii) In addition, for each year after the first calendar year, or portion thereof, Tenant shall pay Tenant’s Percentage of Landlord’s an estimate of the Tenant's Share of Expenses and Tenant shalx xxy such amount by which Direct Expenses for that year shall exceed the Direct Expenses Base (the “Landlord’s Estimate”). This estimated amount shall be divided into twelve equal monthly installments. Tenant shall pay to Landlord without offset or deduction, concurrently with the next regular monthly Base Rent payment next due following due. If any services are provided to the receipt Project for the benefit of some of the occupants of the Project (including Tenant), but not for the occupants of the entire Project, Tenant shall pay its pro-rata share of the costs of such statement, an amount equal to one monthly installment multiplied services based on a ratio of the square footage of the Premises divided by the number square footage of months from January in the calendar year in which said statement is submitted to the month of Project benefited by such payment, both months inclusive. Subsequent installments shall be payable concurrently with the regular monthly Base Rent payments for the balance of that calendar year and shall continue until the next calendar year’s statement is renderedservices. (iiiii) As soon as possible after the end of each calendar year, Landlord shall provide Tenant with a statement showing the actual amount of Tenant’s Percentage 's Share of Direct Expenses, Expenses and the amount of Landlord’s Estimate actually paid by Tenant and the amount of the Direct Expenses BaseTenant. Thereafter, Landlord shall reconcile the above amounts and shall either xxxx bill Tenant for the balance due (payable on demand within thirty (30) days of dxxxxd by Landlord) or credit any overpayment by Tenant towards the next monthly installment of Landlord’s Estimate falling Rent due, as the case may be. For purposes Tenant may have a certified public accountant ("CPA") audit the documents supporting Tenant's Share of making these calculationsExpenses not more often than once in any twelve (12) month period to the extent necessary to determine the accuracy of Landlord's statement during normal business hours. Tenant shall bear the cost of such audit, unless such audit discloses that Landlord has overstated the total costs by more than five percent (5%) of the actual amount of such costs, in no which event Landlord shall pay the reasonable cost of Tenant’s Percentage 's audit. Landlord shall promptly refund any overcharges to Tenant; provided, however, that Landlord shall have the right to hire its own CPA to audit such documents to determine the accuracy of Tenant's audit. If the Direct Expenses results of Landlord's audit shall be deemed materially inconsistent with the results of Tenant's audit, Landlord shall have the right, but not the obligation, to have an independent, third party CPA, mutually acceptable to Landlord and Tenant, the cost of which shall be split equally between Landlord and Tenant, conduct an audit of such documents, and Tenant and Landlord hereby agree to be less than bound by the Direct Expenses Baseresults of such an audit by the independent CPA.

Payment of Direct Expenses. (i) If Tenant’s 's Percentage of the Direct Expenses paid or incurred by Landlord for any calendar year exceeds the Direct Expenses Base included in Tenant’s rentBase Rent, then Tenant shall pay such excess as Additional Rent. (ii) In addition, for each year after the first calendar year, or portion thereof, Tenant shall pay Tenant’s 's Percentage of Landlord’s 's estimate of the amount by which Direct Expenses for that year shall exceed the Direct Expenses Base (the “"Landlord’s 's Estimate”"). This estimated amount shall be divided into twelve equal monthly installments. Tenant shall pay to Landlord without offset or deduction, concurrently with the regular monthly Base Rent payment next due following the receipt of such statement, an amount equal to one monthly installment multiplied by the number of months from January in the calendar year in which said statement is submitted to the month of such payment, both months inclusive. Subsequent installments shall be payable concurrently with the regular monthly Base Rent payments for the balance of that calendar year and shall continue until the next calendar year’s 's statement is rendered. (iii) As soon as possible after the end of each calendar year, Landlord shall provide Tenant with a statement showing the amount of Tenant’s 's Percentage of Direct Expenses, the amount of Landlord’s 's Estimate actually paid by Tenant and the amount of the Direct Expenses Base. Thereafter, Landlord shall reconcile the above amounts and shall either xxxx Tenant for the balance due (payable on demand by Landlord) or credit any overpayment by Tenant towards the next monthly installment of Landlord’s 's Estimate falling due, as the case may be. For purposes of making these calculations, in no event shall Tenant’s 's Percentage of the Direct Expenses be deemed to be less than the Direct Expenses Base.

Payment of Direct Expenses. (i) If Tenant’s 's Percentage of the Direct Expenses paid or incurred by Landlord for any calendar year exceeds the Direct Expenses Base included in Tenant’s 's rent, then Tenant shall pay such excess as Additional Rentadditional rent. (ii) In addition, for each year after the first calendar year, or portion thereof, Tenant shall pay Tenant’s 's Percentage of Landlord’s 's estimate of the amount by which Direct Expenses for that year shall exceed the Direct Expenses Base (the “"Landlord’s 's Estimate”"). This estimated amount shall be divided into twelve equal monthly installments. Tenant shall pay to Landlord without offset or deductionLandlord, concurrently with the regular monthly Base Rent rent payment next due following the receipt of such statement, an amount equal to one monthly installment multiplied by the number of months from January in the calendar year in which said statement is submitted to the month of such payment, both months inclusive. Subsequent installments shall be payable concurrently with the regular monthly Base Rent rent payments for the balance of that calendar year and shall continue until the next calendar year’s 's statement is rendered. (iii) As soon as possible after the end of each calendar year, Landlord shall provide Tenant with a statement showing the amount of Tenant’s 's Percentage of Direct Expenses, the amount of Landlord’s 's Estimate actually paid by Tenant and the amount of the Direct Expenses Base. Thereafter, Landlord shall reconcile the above amounts and shall either xxxx Tenant for the balance due (payable on demand by Landlord) or credit any overpayment by Tenant towards the next monthly installment of Landlord’s 's Estimate falling due, as the case may be. For purposes of making these calculations, in no event shall Tenant’s 's Percentage of the Direct Expenses be deemed to be less than the Direct Expenses Base.