Common use of Payment of Estimated Additional Rent Clause in Contracts

Payment of Estimated Additional Rent. Anything contained in this Lease to the contrary notwithstanding, Landlord shall be entitled, at its discretion, to make reasonable estimates, prior to April 30 of each calendar year, of the amounts of Additional Rent to become due for Net Annual operating Costs and Net Real Estate Taxes for any full or partial calendar year under this Article, and to require Tenant to pay, (i) in the case of Net Annual Operating Costs, such estimated amounts in equal monthly installments on the first day of each month during each calendar year, and (ii) in the case of Net Real Estate Taxes, such estimated amounts in equal monthly installments on the first day of each month during a 12-month period ending not more than 60 days before the last day in each calendar year when any annual Real Estate Tax may be paid without interest or penalty; provided, however, that whenever an estimate of Additional Rent shall be revised as aforesaid, Landlord shall have the right to increase the monthly installments to be paid thereafter for that category so that such installments, when added to the installments which Tenant was theretofore required to pay for the same category, shall equal the increased estimate. Landlord's estimate of Annual Operating Costs for the upcoming calendar year shall not exceed the Annual Operating Costs incurred during the preceding calendar year by more than ten percent (10%). After the end of each calendar year (for Net Annual Operating Costs) or the end of the applicable 12-month period (for Net Real Estate Taxes), Landlord shall cause the actual amount of such Additional Rent to be computed and statements thereof to be sent to Tenant; and Tenant shall, within 30 days after any statement is sent to Tenant, pay to Landlord the amount of any deficiency shown therein. If such statement shall show that Tenant has made an overpayment, Tenant shall receive a credit to the extent of such overpayment, which credit shall be made against the installment of Base Rent next falling due hereunder, or refunded to Tenant if occurring at the end of the Term, and Landlord's obligation to fund such a refund shall survive the expiration of the Term of this Lease.

Payment of Estimated Additional Rent. Anything contained Landlord may estimate in this Lease to advance the contrary notwithstanding, Landlord shall be entitled, at its discretion, to make reasonable estimates, prior to April 30 of each calendar year, of the amounts of Additional Rent to become due for Net Annual operating Costs and Net the upcoming calendar year as a result of increases in the Real Estate Taxes for any full or partial and Operating Expenses and provide notice of said estimate to Tenant. Tenant will pay one-twelfth (1/12th) of said estimated sum during each month of said calendar year under this Article, and to require Tenant to pay, (i) in the case of Net Annual Operating Costs, such estimated amounts in equal monthly installments beginning on the first day of each the first month during each of the upcoming calendar year. Within ninety (90) days of the close of said calendar year, Landlord shall submit a written statement to Tenant showing the computation of the actual amount of Additional Rent owed by Tenant for said calendar year. Any Additional Rent owed by Tenant shall be due within ten (10) days after receipt of Landlord's notice and (iiany overpayment received from Tenant shall be credited to the next payment(s) of Basic Rent or Additional Rent due and owing. Landlord's failure to submit or delay in submitting to Tenant such written statement shall in no way limit, xxxxx or affect Tenant's liability for Additional Rent under the case provisions of Net this Section 3.3.4. Landlord shall make available records in reasonable detail supporting items of Operating Expenses and Real Estate Taxes, such estimated amounts in equal monthly installments Taxes reflected on the first day written statement submitted by Landlord for a period of each month one hundred twenty (120) days after submission thereof, for examination during a 12-month period ending not more than 60 days before the last day in each calendar year when any annual Real Estate Tax may be paid without interest or penaltynormal business hours upon reasonable notice by Tenant and its representatives; provided, however, that whenever an estimate of Additional Rent any such examination shall be revised as aforesaidmade at Tenant's sole cost and expense and no such examination shall delay any payment by Tenant of Basic Rent or Additional Rent; provided, Landlord shall have the right to increase the monthly installments to be paid thereafter for further, that category so that such installments, when added to the installments which Tenant was theretofore required to pay for the same category, shall equal the increased estimate. if Tenant's examination discloses an error in Landlord's estimate favor of Annual Operating Costs for the upcoming calendar year shall not exceed the Annual Operating Costs incurred during the preceding calendar year by more than ten three percent (103%). After the end of each calendar year (for Net Annual Operating Costs) or the end of the applicable 12-month period (for Net Real Estate Taxes), Landlord shall cause reimburse Tenant for the actual amount reasonable cost of such Additional Rent to be computed and statements thereof to be sent to Tenant; and Tenant shall, within 30 days after any statement is sent to Tenant, pay to Landlord the amount of any deficiency shown therein. If such statement shall show that Tenant has made an overpayment, Tenant shall receive a credit to the extent of such overpayment, which credit shall be made against the installment of Base Rent next falling due hereunder, or refunded to Tenant if occurring at the end of the Term, and Landlord's obligation to fund such a refund shall survive the expiration of the Term of this Leaseaudit.

Payment of Estimated Additional Rent. Anything contained in this Lease to the contrary notwithstanding, Landlord shall be entitled, at its discretion, to make reasonable estimates, prior to April 30 During December of each calendar year, Landlord shall give Tenant notice of the amounts its commercially reasonable estimate of Additional Rent to become due for Net Annual operating Costs and Net Real Estate Taxes for any full the succeeding calendar year. On or partial calendar year under this Article, and to require Tenant to pay, (i) in the case of Net Annual Operating Costs, such estimated amounts in equal monthly installments on before the first day of each month during each the succeeding calendar year, and Tenant shall pay to Landlord, as Additional Rent, one twelfth (ii1/12) in the case of Net Real Estate Taxes, such estimated amounts amounts. If Landlord fails to deliver such notice to Tenant in equal monthly installments December, Tenant shall continue to pay Additional Rent on the basis of the prior year’s estimate until the first day of each the next calendar month during a 12-month period ending not more than 60 days before the last day in each calendar year when any annual Real Estate Tax may be paid without interest or penalty; providedafter such notice is given, however, provided that whenever an estimate of Additional Rent shall be revised as aforesaid, Landlord shall have the right to increase the monthly installments to be paid thereafter for that category so that such installments, when added to the installments which Tenant was theretofore required to pay for the same category, shall equal the increased estimate. Landlord's estimate of Annual Operating Costs for the upcoming calendar year shall not exceed the Annual Operating Costs incurred during the preceding calendar year by more than ten percent within thirty (10%). After the end of each calendar year (for Net Annual Operating Costs30) or the end of the applicable 12-month period (for Net Real Estate Taxes), Landlord shall cause the actual amount of such Additional Rent to be computed and statements thereof to be sent to Tenant; and Tenant shall, within 30 days after any statement is sent to Tenantreceipt of Landlord’s estimate, Tenant shall pay to Landlord the amount of such estimated adjustment payable to Landlord for prior months during the year in question, less any deficiency shown thereinportion thereof previously paid by Txxxxx. If it reasonably appears to Landlord that the amounts payable under this Section 5.1 for the current calendar year will vary from Landlord’s estimate, Landlord may, by giving written notice to Tenant, but not more than two (2) times in any calendar year, revise Landlord’s estimate for such statement shall show that year, and subsequent payments by Tenant has made an overpayment, Tenant shall receive a credit to the extent of for such overpayment, which credit year shall be made against the installment based on such revised estimate. Landlord’s failure or delay in providing Tenant with Landlord’s estimate of Base Additional Rent next falling due for any calendar year shall not constitute a default by Landlord hereunder, or refunded a waiver by Landlord of Tenant’s obligation to pay Additional Rent for such calendar year or of Landlord’s right to send such an estimate to Tenant if occurring at on a later date. Notwithstanding anything to the end of the Term, and Landlord's obligation to fund such a refund shall survive the expiration of the Term of contrary set forth in this Lease, Landlord shall operate the Building in a cost-conscious manner and shall use reasonable efforts to minimize increases in Insurance Expenses and Common Area Operating Expenses on an ongoing basis.

Payment of Estimated Additional Rent. Anything contained in this Lease to Within sixty (60) days after the contrary notwithstanding, Landlord shall be entitled, at its discretion, to make reasonable estimates, prior to April 30 end of each calendar year, Landlord shall deliver to Tenant a statement setting forth the actual Common Area Maintenance Expenses expended by Landlord during the previous calendar year. In the event that the amounts paid by Tenant during the course of the amounts calendar year are less than Tenant's Pro Rata Share of the actual expenses, then Tenant shall, within thirty (30) days after receipt of the annual statement, pay the entire amount of the deficiency, and thereafter the monthly installment of Additional Rent to become due shall be adjusted accordingly for Net Annual operating Costs and Net Real Estate Taxes for any full or partial the current calendar year to more closely approximate the expected actual Additional Rent. In the event that the amounts paid by Tenant during the course of the calendar year are more than Tenant's Pro Rata Share of the actual Common Area Maintenance Expenses, then Tenant shall be entitled to a credit against the amount of Base Rent and Additional Rent next due under this Articlethe Lease. Landlord reserves the right to revise the estimate of Common Area Maintenance Expenses, at any time during the course of the year, and from time to require time, to more closely approximate the actual Common Area Maintenance Expenses incurred by Landlord during the course of the year. Tenant shall pay to payLandlord, (i) in the case of Net Annual Operating Costswithout notice or demand, such estimated amounts in equal monthly installments on the first day of each month during each calendar yearthe Term of this Lease, and (ii) the monthly installment of estimated Common Area Maintenance Expenses, as set forth in the case of Net Real Estate Taxes, such estimated amounts in equal monthly installments on the first day of each month during a 12-month period ending not more than 60 days before the last day in each calendar year when any annual Real Estate Tax may be paid without interest or penalty; provided, however, that whenever an estimate of Additional Rent shall be revised as aforesaid, Landlord shall have the right most recent statement received by Tenant from time to increase the monthly installments to be paid thereafter for that category so that such installments, when added to the installments which Tenant was theretofore required to pay for the same category, shall equal the increased estimate. Landlord's estimate of Annual Operating Costs for the upcoming calendar year shall not exceed the Annual Operating Costs incurred during the preceding calendar year by more than ten percent (10%). After the end of each calendar year (for Net Annual Operating Costs) or the end of the applicable 12-month period (for Net Real Estate Taxes), Landlord shall cause the actual amount of such Additional Rent to be computed and statements thereof to be sent to Tenant; and Tenant shall, within 30 days after any statement is sent to Tenant, pay to Landlord the amount of any deficiency shown therein. If such statement shall show that Tenant has made an overpayment, Tenant shall receive a credit to the extent of such overpayment, which credit shall be made against the installment of Base Rent next falling due hereunder, or refunded to Tenant if occurring at the end of the Term, and Landlord's obligation to fund such a refund shall survive the expiration of time continuing throughout the Term of this Lease.

Payment of Estimated Additional Rent. Anything contained in this Lease to the contrary notwithstanding, Landlord shall be entitled, at its discretion, to make reasonable estimates, prior estimates (and to April 30 of each calendar year, revise any estimate from time to time) of the amounts of Additional Rent to become due for Net Annual operating Operating Costs and Net and/or Real Estate Taxes for any full or partial calendar year under this Article, and to require Tenant to pay, (i) in the case of Net Annual Operating Costs, pay thereafter such estimated amounts in equal monthly installments on the first day of each month during each calendar year, and (ii) in the case of Net Real Estate Taxes, such estimated amounts in equal monthly installments on the first day of each month during a 12-month period ending not more than 60 days before the last day in each calendar year when any annual Real Estate Tax may be paid without interest or penalty; provided, however, that whenever an estimate of Additional Rent shall be revised as aforesaidrevised, Landlord shall have the right to increase the monthly installments to be paid thereafter for that category so that such installments, when added to the installments which Tenant was theretofore required to pay for the same category, shall equal the increased estimate. Landlord's estimate of Annual Operating Costs for the upcoming calendar year shall not exceed the Annual Operating Costs incurred during the preceding calendar year by more than ten percent Within ninety (10%). After 90) days after the end of each calendar year (for Net Annual Operating Costs) or the end of the applicable 12-month period (for Net Real Estate Taxes)year, Landlord shall cause the actual amount of such Additional Rent to be computed and statements thereof to be sent to Tenant; and Tenant shall, within 30 thirty (30) days after any statement is sent to Tenant, pay to Landlord the amount of any deficiency shown therein. If such statement shall show that Tenant has made an overpayment, Tenant shall receive a credit to the extent of such overpayment, which credit shall be made overpayment against the installment installments of Base Additional Rent next falling due hereunder, or refunded with any unused credit to be paid to Tenant if occurring at the end promptly upon expiration or termination of the Term. In no event shall Tenant be obligated to pay any Real Estate Taxes or Annual Operating Costs that are not billed to Tenant within one (1) year following the calendar year in which same are incurred; provided, however, that if any Real Estate Taxes or Annual Operating Costs are not billed to Tenant within such one (1) year period because Landlord has not received the billing therefor from a third party for any reason outside of Landlord’s reasonable control, then Landlord shall have one (1) additional year in order to bxxx Tenant for any such item. Except for Tenant’s Utility Costs, which shall be paid from and Landlord's obligation to fund such a refund after the Lease Commencement Date, all other Additional Rent payments shall survive the expiration commence as of the Term Rent Commencement Date (or later pursuant to the terms of this Lease).